societies nor governments can exist, is not made by
our generals in relation to subjects of their own
sovereign, but to an independent nation, our ally,
into whose territories we could not have entered but
from its confidence in our friendship and good faith.
Surely the persons, who (under the countenance of
too high authority) have talked so loudly of prejudging
this question, entirely overlooked or utterly forgot
this part of it. What have these monstrous provisions
to do with the relative strength of the two armies,
or with any point admitting a doubt? What need
here of a Court of Judicature to settle who were the
persons (their names are subscribed by their own hands),
and to determine the quality of the thing? Actions
and agents like these, exhibited in this connection
with each other, must of necessity be condemned the
moment they are known: and to assert the contrary,
is to maintain that man is a being without understanding,
and that morality is an empty dream. And, if
this condemnation must after this manner follow, to
utter it is less a duty than a further inevitable consequence
from the constitution of human nature. They,
who hold that the formal sanction of a Court of Judicature
is in this case required before a people has a right
to pass sentence know not to what degree they are
enemies to that people and to mankind; to what degree
selfishness, whether arising from their peculiar situation
or from other causes, has in them prevailed over those
faculties which are our common inheritance, and cut
them off from fellowship with the species. Most
deplorable would be the result, if it were possible
that the injunctions of these men could be obeyed,
or their remonstrances acknowledged to be just.
For, (not to mention that, if it were not for such
prompt decisions of the public voice, misdemeanours
of men high in office would rarely be accounted for
at all,) we must bear in mind, at this crisis, that
the adversary of all good is hourly and daily extending
his ravages; and, according to such notions of fitness,
our indignation, our sorrow, our shame, our sense
of right and wrong, and all those moral affections,
and powers of the understanding, by which alone he
can be effectually opposed, are to enter upon a long
vacation; their motion is to be suspended—a
thing impossible; if it could, it would be destroyed.
Let us now see what language the Portugueze speak upon that part of the treaty which has incited me to give vent to these feelings, and to assert these truths. ‘I protest,’ says General Friere, ’against Article XVII., one of the two now under examination, because it attempts to tie down the government of this kingdom not to bring to justice and condign punishment those persons, who have been notoriously and scandalously disloyal to their prince and the country by joining and serving the French party: and, even if the English army should be allowed to screen them from the punishment they have deserved, still it should not prevent their