bestow, must have been taken from the Portugueze,
extorted from the honest and loyal, to be given to
the wicked and disloyal.) These rewards of iniquity
must necessarily have been included; for, on our side,
no attempt is made at a distinction; and, on the side
of the French, the word immoveable is manifestly
intended to preclude such a distinction, where alone
it could have been effectual. Property, then,
here means—possessions thus infamously
acquired; and, in the instance of the Portugueze, the
fundamental notion of the word is subverted; for a
traitor can have no property, till the government
of his own country has remitted the punishment due
to his crimes. And these wages of guilt, which
the master by such exactions was enabled to pay, and
which the servant thus earned, are to be guaranteed
to him by a British army! Where does there
exist a power on earth that could confer this right?
If the Portugueze government itself had acted in this
manner, it would have been guilty of wilful suicide;
and the nation, if it had acted so, of high treason
against itself. Let it not, then, be said, that
the monstrousness of covenanting to convey, along
with the persons of the French, their plunder, secures
the article from the interpretation which the people
of Great Britain gave, and which, I have now proved,
they were bound to give to it.—But, conceding
for a moment, that it was not intended that the words
should bear this sense, and that, neither in a fair
grammatical construction, nor as illustrated by other
passages or by the general tenour of the document,
they actually did bear it, had not unquestionable
voices proclaimed the cruelty and rapacity—the
acts of sacrilege, assassination, and robbery, by
which these treasures had been amassed? Was not
the perfidy of the French army, and its contempt of
moral obligation, both as a body and as to the individuals
which composed it, infamous through Europe?—Therefore,
the concession would signify nothing: for our
Generals, by allowing an army of this character to
depart with its equipments, waggons, military chest,
and baggage, had provided abundant means to enable
it to carry off whatsoever it desired, and thus to
elude and frustrate any stipulations which might have
been made for compelling it to restore that which
had been so iniquitously seized. And here are
we brought back to the fountain-head of all this baseness;
to that apathy and deadness to the principle of justice,
through the influence of which, this army, outlawed
by its crimes, was suffered to depart from the Land,
over which it had so long tyrannized—other
than as a band of disarmed prisoners.—I
maintain, therefore, that permission to carry off
the booty was distinctly expressed; and, if it had
not been so, that the principle of justice could not
here be preserved; as a violation of it must necessarily
have followed from other conditions of the treaty.
Sir Hew Dalrymple himself, before the Court of Inquiry,
has told us, in two letters (to Generals Beresford