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 '*4«^V 
 
 Sa da Bandeira 
 
 Facts and Statements concerning 
 the Right of the Crown of 
 
 Portugal to the Territories of 
 Molembo, Cabinda, Ambriz 
 and other Places on the 
 West Coast of Africa 
 
THE LIBRARY 
 
 OF 
 
 THE UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
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 No 2. 
 
 RESHNTJSD BY THE TRANSLATOR TO THE BRITISH FUBLIC. 
 
 LONDON: 
 HERBERT J. FITCH, PRINTER, 9, ST. MARY AXE, E.G. 
 
Digitized by tine Internet Arcliive 
 
 in 2007 witli funding from 
 
 IVIicrosoft Corporation 
 
 littp ://www.arcli i ve .0 rg/detai Is/f actsstate me ntscOOsadaiala 
 
FACTS AND STATEMENTS 
 
 CONCERNING THE RIGHT Oy THE 
 
 CROWN OF PORTUGAL 
 
 TO THE TERRITORIES OF MOLEMBO, CABINDA, 
 
 AMBRIZ, AND OTHER PLACES ON THE WEST 
 
 COAST OF AFRICA, 
 
 SITUATED 
 
 BETWEEN THE FIFTH DEGREE TWELVE MINUTES, AND 
 THE EIGHTH DEGREE OF SOUTH LATITUDE 
 
 VISCOUNT DE SA DA BANDEIRA. 
 
 LISBON, 1855. 
 
 Translated into English from the original Portuguese, and presented 
 hy the Translator to the British Public. 
 
 LONDON: 
 
 HERBERT J. FITCH, PRINTER, 9, ST. MARY AXE, E.G. 
 
 1877. 
 

 NOTE. 
 
 The perusal of the Viscount of Santarem's excellent memo- 
 rial, published last month, on the rights of the Crown 
 of Portugal to the territories of Molembo, Cabinda, and 
 Ambriz, induced me to write this pamphlet, in which will 
 be found some notices that may be added to the proofs 
 adduced by that illustrious author, and others of important 
 facts which have recently transpired, relative to the same 
 rights and the same territories. 
 
 The Author. 
 
 Lisbon, Nov. 1855. 
 
 12090G8 
 
INDEX 
 
 CHAPTER I. 
 
 Occurrence of various Facts on the West Coast of Africa, situated 
 between the 5th degree 12 minutes, and the 8th degree south 
 latitude. The Convention of 1876 between Portugal and 
 France. The Conquest of Mossulo in 1790 .... 3 
 
 CHAPTER II. 
 
 Treaties between England and Portugal, and Great Britain's 
 Interpretation of them up to the month of September, 1846 . 16 
 
 CHAPTER III. 
 
 The Constitutional Charter of the Portuguese Monarchy. The 
 Territories of Cabinda and Molembo. The Constitution of 
 1838, and the British Government 24 
 
 CHAPTER IV. 
 
 Various Particulars, relating to Portuguese Dominion, to the Slave 
 Trade and to Lawful Commerce on the African Coast. 
 Session of the Colonial Council in which the Occupation of 
 Ambriz was proposed 28 
 
 CHAPTER V. 
 
 The Question raised by the English Government in 1846 as to 
 Interpretation of the Treaties. Examination of this Question 43 
 
 CHAPTER VI. 
 
 Objections of the British Government 51 
 
 CHAPTER VII. 
 
 The Occupation of Ambriz in 1855. Proceedings of the Portu- 
 guese Authorities. Correspondence of the English Naval 
 Commanders. Slave Trade. Lawful Commerce. Conclu- 
 sion 69 
 
CHAPTER I. 
 
 OCCURRENCE OF VARIOUS FACTS ON THE WEST COAST OF 
 AFRICA SITUATED BETWEEN THE FIFTH DEGREE TWELVE 
 MINUTES, AND THE EIGHTH DEGREE SOUTH LATITUDE. 
 THE CONVENTION OF 1786 BETWEEN PORTUGAL AND 
 FRANCE. THE CONQUEST OF MOSSULO IN 1790-1. 
 
 In a memorial recently published by the Viscount de 
 Santarem, he proves that from the reign of King D. Joao II. 
 the Crown of Portugal has considered itself sovereign of 
 all the coast included between Cape Lopo Gon9alves and 
 Cape Negro ; that is approximately from the 1st to the 
 16 th degree of south latitude. 
 
 In the seventeenth century the Government of Angola 
 extended its jurisdiction, in a more or less direct manner, 
 over the coast lands stretching between these two capes, 
 where the Portuguese dominion was secured by means of 
 factories or forts which it had in the ports of Loango and 
 Cabinda to the north of the river Zaire, and in Sonho to 
 the south of this river ; in this latter district there existed 
 a hostel for missionaries sent from Portugal, vestiges of 
 which still remain; in a like manner the country be- 
 tween the Zaire and the river Dande was dominated. 
 The principal establishments which existed to the south 
 of this latter river were Loanda, and Old and New Ben- 
 guella. 
 
 A 2 . 
 
The most notable of the petty kings or chieftains of the 
 country received titles of nobility from the Kings of Por- 
 tugal as a reward for their services and in token of vas- 
 salage; many of these titles have been preserved up to the 
 present day by the successors of those on whom they were 
 conferred, such as the Count of Sonho, the Duke of Bamba, 
 the Duke of Quina, the Marquis of Pemba, the Marquis of 
 Mossulo and others : besides this, they still use the honorary- 
 distinction of Dom prefixed to the proper Portuguese names 
 they have adopted ; as for example, Dom Affonso, Dom 
 Andre, etc. 
 
 Captain-General Salvador Corr^a de Sa, having expelled 
 the Dutch troops who garrisoned Loanda and other parts of 
 Angola, in 1648, ordered without delay the attack and 
 subjugation of the factories of Loango, and of Pinda on the 
 river Zaire, which was carried into effect. 
 
 At a later period, some serious misunderstandings having 
 arisen between the Governors of Angola and the Kings of 
 Congo, others also arose between the Portuguese chiefs of the 
 factories and forts and the neighbouring chieftains; and 
 these, profiting by the situation, and actuated by their pri- 
 vate interests, sometimes rendered obedience as vassals of 
 Portugal, at others said they were vassals of the King of 
 Congo, and again at other times they declared they were 
 independent sovereigns. 
 
 The most notable rebellion was that of the Count of 
 Sonho, because a Portuguese force, having been taken in 
 ambush, was routed by the negroes of that chieftain. 
 
 After this, wishing to concentrate considerable forces at 
 Loanda, the Governors of Angola abandoned the northern 
 forts, which led to vessels of other nations engaging in the 
 slave trade to a considerable extent in those ports, it being 
 estimated that in one year alone the French carried off* more 
 than twenty thousand negroes from thence. 
 
 The chief reason why the Governors of Angola looked upon 
 
the abandonment of the northern ports with indifference, 
 was, because the slaves exported from Angola being almost 
 exclusively intended for the Brazils the number shipped 
 from Loanda and Benguella sufficed for the requirements 
 of that vast colony ; it was even more convenient for the 
 Governors to concentrate all the trade in the above ports 
 of Loanda and Benguella, because such a step rendered 
 the supervision of the duties paid on the exportation of 
 slaves more easy ; and this was also the reason why such 
 slaves as were bought in the port of Loanda and that of 
 Pinda, situated on the river Zaire, were conveyed from 
 thence in smacks to Loanda, where the vessels from the 
 Brazils were in readiness to receive them. 
 
 Meanwhile the Portuguese Crown always maintained 
 its right of sovereignty over that part of the coast stretch- 
 ing from Molembo to the south, as is shown by numerous 
 facts ; some of which we proceed to narrate. 
 
 In the first place we copy the following extract from a 
 work written by Francisco Xavier da Silva, referring to 
 King D. Joao V., and printed in Lisbon in 1750 : — 
 
 " His Majesty learning that some English adventurers or 
 pirates had in the interest and welfare of their commerce, 
 set up an establishment on the coast of Guinea, on the site 
 of Cabinda, which is between Angola and Congo to the 
 north of the river Zaire, which was then uninhabited; directly 
 ordered Post-Captain Josd de Semedo Maya to set sail in the 
 ship Our Lady of the Atalaya, with all necessary munitions, 
 to repair such act of excess ; not solely because they had 
 not the sovereign's permission, but because of the damage 
 that might be done to the trade of Angola and the adjacent 
 islands on that coast, in the future. The captain, who 
 was an experienced, resolute and courageous man, sailed 
 from the bar of Lisbon on the 16th May 1723, and 
 laying his course for Angola, arrived there on the 12th 
 September. After receiving information as to the situa- 
 
tion of Cabinda, and the fort which the adventurers had 
 erected on the above site, and also as to other matters 
 connected with the expedition, he proceeded on the Gth 
 October to Cabinda, where, on the 23rd of the same month 
 he sighted the fort which he found to be defended by 
 two ships. He attacked these, and after their surrender, 
 valiantly cannonaded the fortress for the space of forty- 
 eight hours, obliging the garrison to capitulate and march 
 out of it ; he took possession of the fort on the 26th, and 
 at once ordered it to be razed, and the moat to be filled 
 in. Thus His Majesty endeavoured by the means of arms to 
 preserve the common weal of his kingdom, which is a 
 matter of such importance as to merit the largest amount of 
 protection from Monarchs ; because trade enriches Republics 
 with everything that is needful for the life of man, and 
 the dealings of Courts. 
 
 " The said Captain found thirty-five pieces of artillery in 
 the fort, of which number he took twenty-four on board, 
 and after spiking and breaking up eleven of the others he 
 had them buried in the moat, being unable to carry them 
 away ; and because a paucity of sailors prevented his bring- 
 ing away a ship which served as a depot there he set 
 fire to her, the Crown of England not resenting this act, 
 because guided by its intimate sympathy and friendship 
 for Portugal, it fully recognised the justice attending the 
 latter in its endeavour to re-establish a pacific posses- 
 sion which should not again be disputed in this par- 
 ticular." 
 
 The laws of the 11th and 25th of January 1758, rendered 
 the commerce of Angola, Congo, Loango, Benguella and 
 other garrisoned ports in that part of Africa, free and 
 common to all Portuguese, monopolies of every kind being 
 prohibited there. 
 
 The Royal letter of the 5th August 1769, addre^ed to 
 the Captain-General of Angola, D. Francisco Innocencio de 
 
Sousa Coutinho, treating of the Slave Contract Company 
 which the king ordered to be suppressed, ordains that the 
 patent abolishing the said company shall be published 
 for the space of fifteen days in the city of Angola, in 
 Loango, Benguella, and other adjacent garrisoned places. 
 
 The Secretary of State, Martinho de Mello e Castro, 
 in a despatch addressed to the Governor and Captain- 
 General of Angola on the 20th of June 1779, speaks of 
 the port of Loango as belonging to the Crown of Portugal, 
 and in that year he, in the name of the Queen D. Maria L, 
 orders the said Governor to re-establish the ancient dominion 
 in the northern coast, and to cause a fort to be erected in 
 the port of Quitungo, (*) another in that of Cabinda, another 
 on the banks of the Zaire, and another in Molembo. The 
 same Government, however, modified this resolution in 
 1782, and ordered that considering the unhealthiness of the 
 climate only one fort should be constructed, viz., in Cabinda. 
 The Secretary of State observes on this occasion, that the 
 fortresses built on the coast of Africa are only intended to 
 hold the natives and merchant vessels in check, and not 
 to resist a powerful maritime expedition made by an Euro- 
 pean power. 
 
 On the 17th July 1783, an expedition sailed from 
 Loanda to Cabinda under the command of Post-Captain 
 Antonio Januario do Valle and Lieutenant-Colonel Pi- 
 nheiro Furtado and in its port constructed a fort which 
 was built with the consent and approval of the Mam- 
 buco and the other chiefs of the countiy; who having 
 gone on board the frigate Graga, there declared to the 
 said commanders of the expedition, that they not only 
 ceded the land required for the construction of the fort, 
 but that they also subjected themselves to whatever the said 
 commanders might ordain. All of which is shown in the 
 
 (*) The port of Quitungo is identical with that of Ambri*. 
 
official note of the Post-Captain dated at the port of Cabinda 
 on the loth of August of the above year. 
 
 The ad interim Governor of Angola writing to the com- 
 mander of the expedition on the 2nd September 1783, and 
 pointing out the principal object of the expedition ; said : 
 " that the Crown of Portugal had from the reign of King 
 D. Joao II. considered itself sovereign of the lands em- 
 braced between the Cape of Lopo Gon9alves and Cape 
 Negro, and that the chief object in erecting a fortress in 
 Cabinda was to prove an actual possession of dominion." 
 
 The commander of the expedition having interfered with 
 the traffic in slaves which was being carried on there by 
 two French vessels, their captains protested; and their 
 outfitters appealing to their Government, complained that 
 they were hindered in the prosecution of their trade ; and 
 they possessed sufficient influence to succeed in getting a 
 division of war ships with a landing force sent against the 
 fort of Cabinda in 1784. On the arrival of this expedition 
 the fort was still unfinished, it having only a battery on its 
 sea front and a simple entrenchment towards the land ; and 
 further, nearly all its petty garrison was unfit for service 
 owing to the men having been attacked by the fevers of 
 the country. 
 
 On being summoned to surrender by M, de Marigny, the 
 commander of the French forces, the garrison capitulated 
 on condition of its returning to Loanda ; and the said com- 
 mander ordered the demolition of the entrenchment. 
 
 In the 3rd Article of the capitulation for the surrender 
 of the fort, made on the 23rd June 1784, the commandant 
 declared : — 
 
 " Que le pavilion de sa Majeste tr^s Chretienne ne sera 
 pas arbore (a Cabinde) pour preuve que I'intention du 
 Roy de France n'a point ete de faire une conquete, mais 
 Beulement de r^tablir et maintenir legalite parfaite du com- 
 merce entre toutes les nations Europeennes k Cabinde." 
 
9 
 
 We may here note that in a despatch of the Captain- 
 General of Angola to the Ministry for Marine and Colonies, 
 dated the 15th December 1784, giving an account of the 
 occurrences at Cabinda, he commended the hospitality which 
 the captains and crews of the English ships in port at the 
 time had shown to the Portuguese of the expedition. 
 
 With respect to this fact, Mr. Hassan, in his " History of 
 French Diplomacy," says : — 
 
 " La bonne harmonic existant entre la France et le 
 Portugal faillit ^tre detruite en 1784. La cour de Lisbonne, 
 ayant fait clever sur la cote de Cabinde, en Afrique, un fort 
 dont le commandant entravait la traite des negres faite par 
 les Fran9ais, la cour de Versailles donna ordre en 1784 au 
 Marquis de Marigny de se porter sur la cote d' Afrique avec 
 une division de vaisseaux, de reconnaitre les lieux, et de 
 retablir la liberty de la traite ; mais il parait que M. de 
 Marigny alia beaucoup plus loin que ses instructions, et 
 qu'il rasa le fort ; ce qui amena ime contestation entre les 
 deux cours de France et de Portugal, dans laquelle la cour 
 de Madrid se rendit mddiatrice." 
 
 The outcome of this mediation was a convention signed 
 in Madrid on the 30th January 1876, between the Ambas- 
 sadors of Portugal and France. In this convention the 
 French Ambassador declared in the name of the King, his 
 master : — 
 
 " That the expedition of M. de Marigny was not made 
 with the object of opposing, weakening, or diminishing the 
 rights which the Most Faithful Queen claims to have to the 
 sovereignty of the coast of Cabinda as part of the kingdom 
 of Angola ; and that he will consequently issue instructions 
 to the Governor of the Islands, naval officers and other 
 subjects, not to place the least impediment or difficulty, 
 either directly or indirectly, on the natives of that country, 
 or in any other way to oppose such sovereignty and the 
 free exercise of it." 
 
10 
 
 After the conclusion of this corfvention, Her Most 
 Faithful Majesty's Plenipotentiary declared : — " That the 
 same Lady not only possesses to the south of the 
 river Zaire the coast of Angola, but also the interior 
 of the country from the Congo to the east-north-east, 
 extending to the east as far as Cassange, and south to the 
 utmost part of Benguella, many districts and captaincies 
 presided over by governors dependent on the Governor-Gen- 
 eral of Angola, many parishes, military posts garrisoned 
 with troops, and many settlements and villages inhabited 
 by whites, half-castes, and blacks, who carry on a 
 regular commerce with the barbarous native races; the 
 sovereignty and ownership of all of which belong exclu- 
 sively to Portugal : Therefore, the Most Faithful Queen 
 does not understand, neither can she permit nor recognize 
 any right of other nations to the trade and commerce 
 of the coast of Angola, save in the northern part of the 
 said River Zaire, but not south of this, nor of the Cape 
 named Padrao (Pillar)." 
 
 The French Plenipotentiary stated he was authorised by 
 the King his master to declare : — " That His Most Christian 
 Majesty consents that the traffic of his vassals on the said 
 coast should not extend south of the river Zaire, further 
 than Cape Padrao, provided the other nations did not 
 extend theirs beyond the sS^d Cape." 
 
 Both Portugal, France, and Spain were parties to this 
 convention. France declared that she respected the rights 
 which the Crown of Portugal claimed to have to the part 
 of the coast in dispute ; and Spain as mediator agreed on 
 her part to at least as much as France had stipulated. 
 
 England entered no objection whatever against it, and 
 the English who were in Cabinda at the time of the French 
 expedition behaved towards the Portuguese there as towards 
 good friends. 
 
 Holland also showed no opposition ; and when the above 
 
11 
 
 2xpedition arrived out, there were Portuguese, French, 
 English and Dutch vessels in the ports of Cabinda and 
 Molembo. 
 
 Brazil at that time formed part of the Portuguese 
 Monarchy, and had the same interests the same rights in 
 this question as Portugal herself. 
 
 We will now pass on to another important fact. 
 
 The Marquis of Mossulo-Maniquitungo, (*) a powerful 
 chieftain who ruled the country situated between the two 
 banks of the river Loge and extending thence as far as the 
 banks of the river Onzo, having in 1790 risen in rebellion, 
 made a precipitate attack in August of the same year, and 
 took various villages on the banks of the rivers Dande and 
 Bengo a few leagues from Loanda, by surprise ; and despoil- 
 ing them of goods and slaves took the latter, to the 
 number of two hundred or three hundred, to the port of 
 Ambriz, where he sold them to the captains of three French 
 and one English vessels which were anchored there, in ex- 
 change for a hundred pounds of gunpowder each, as is 
 shown by the evidence of witnesses taken at the time. 
 
 With the object of punishing this rebel chieftain, the 
 Captain-General of Angola issued orders for a body of 
 troops, composed of Europeans and blacks, under the com- 
 mand of Sergeant-Major Pinheiro de Lacerda, to assemble 
 near the river Lifune ; which troops, commencing operations, 
 crossed the river Onzo, and defeating the revolted Marquis 
 and his allies in the field at different times, occupied the 
 port of Ambriz, where they found some foreign vessels, 
 which they treated in a friendly manner ; then, crossing the 
 river Loge, they continued their operations on its northern 
 bank up to and beyond Luanica, the last settlement of 
 Mossulo's situated on the right bank of the river Luc, where 
 
 (*) Maniquitungo, that is lord of Quitungo ; whose port bears this 
 name as well as that of Ambriz. 
 
12 
 
 they afterwards built a fort on the left bank of the Loge at 
 a certain distance from the port. 
 
 It appears from the route journal of the expedition, that 
 on the 22nd December of that year, at five in the morning, 
 the commander of the expedition had caused the Portuguese 
 flag to be hoisted on the highest point of the land com- 
 manding the port of Ambriz, and declared that in the name 
 of Queen D. Maria I. he had retaken possession of the port 
 and lands adjacent, in the presence of the whole army and 
 the ships, salvoes of musketry being given on the occa- 
 sion, and a record of all these circumstances drawn up, 
 which was duly signed by those there present. 
 
 The country being thus conquered and pacified, the ex- 
 peditionary force returned to Loanda. 
 
 After a short time the conquered chieftain sent to the 
 Governor- General, and sued for pardon, which was granted 
 him ; and after this the oath of vassalage was administered 
 in the palace of the Government at Loanda on the 25th 
 April, 1792, as may be seen from the deed, the title of which 
 is as follows : — 
 
 " Deed of ' undamento ' (branding or marking the body), 
 submission and vassalage made by the Marquis of Mossulo 
 Dom Antonio Manoel, the Sovas and Macotas, potentates 
 of this Marquis — who, absent by impediment, were not 
 able to appear at this act — having been defeated and 
 conquered by the arms of Her Most Faithful Majesty, 
 surrender themselves, and crave pardon for their excesses 
 from His Excellency Snr. Manoel de Almeida Vasconcellos, 
 Governor and Captain-General of these kingdoms and their 
 conquests, who in Her Majesty's name pardons them, and sub- 
 jects them to the following conditions. Done this twenty-fifth 
 day of April one thousand seven hundred and ninety-two." 
 
 As this document is printed in the before-named memo- 
 rial of the Viscount de Santarem, it is unnecessary to 
 reproduce it here. 
 
13 
 
 On the 8th August, 1791, the English Minister at Lisbon, 
 Mr. Walpole, wrote to the Secretary of State for Foreign 
 Affairs, Luiz Pinto de Souza, informing him of the sworn 
 depositions of the captain and officers of some English 
 vessels, as to various facts which had transpired (as they 
 alleged) in the month of December 1790, near the mouth 
 of the river Ambriz or Loge, and in the interior of the 
 Mossulo's territory. 
 
 This Minister stated : — " That the commander of the 
 Portuguese army had ordered the English and French ships 
 which were in the port of Ambriz to retire immediately, 
 without having received any provocation from them, and 
 to the serious detriment of their interests ; that from the 
 said depositions it appeared that the Portuguese had de- 
 termined upon erecting a fort on the hill where the English 
 factories were situated, for the undoubted purpose of ex- 
 clusively appropriating all the trade of that port, which 
 had for many years been open to the English, and most 
 particularly to the French, without the least impediment 
 or obstacle. He also dwelt on the positive necessity Her 
 Britannic Majesty's Government was under, of protecting 
 the trade of its vassals already established there, which the 
 said act of violence on the part of the Portuguese officers 
 had rendered difficult of continuation. He also asked the 
 Portuguese Government to explain the principles it intended 
 to adopt with regard to that matter." 
 
 The Minister for Foreign Affairs in replying on the 11th 
 August said : — " That by despatches received from the 
 Governor and Captain-General of Angola, His Majesty 
 learned that a petty king of his dominions named the 
 Marquis of Mossulo, had without the slightest pretext 
 rebelled, and, supported by other neighbouring people living 
 to the north and south of the banks of the river Ambriz, 
 had in August 1790 attacked various settlements in the 
 dominion of Angola which he sacked, kidnapping the Por- 
 
14 
 
 tuguese slaves in order to barter them with the Europeans 
 on the above river ; pillaging the villages through which he 
 passed and stealing all the chattels of the whites, he marched 
 to the bank of the river Bengo, and crossing it obtained to 
 within two and a-half leagues of the city of Loanda : that 
 he was able to do all this as a large body of negroes well 
 armed had assembled, and hurriedly invaded the said 
 lands." 
 
 "That the Governor of Angola in order to repel the 
 attack and chastise the invaders, had sent a force of Euro- 
 peans and blacks against them, which force in the following 
 September had penetrated into the invaders territory and 
 routed them, thus expelling the enemy from both the 
 southern and northern banks of the river of Ambriz, all 
 of which was effected by the 17th December." 
 
 " That the expedition found six merchant vessels, three 
 of which were English, anchored in the port of Ambriz ; 
 but the commander of the expedition, far from requesting 
 them to leave immediately as is alleged, or offering them 
 the slightest violence, had, on the contrary, acted in a most 
 friendly manner towards one of the English captains, as the 
 journal of the expedition shows." 
 
 " That if British vassals had suffered in their trade or 
 their speculations, it was on the aggressors themselves that 
 the blame and injury must be laid, and not on the vassals 
 of Her Most Faithful Majesty who had every right to 
 defend themselves and take the offensive against their 
 enemies in whatever part they might meet them." 
 
 " That the depositions of the captains were diametrically 
 opposed to the journal of the commander of the expedition 
 and to the tenor of numerous advices received, which attest 
 the contrary and affirm that not even the smallest act of 
 authority was practised against the foreign vessels, but on 
 the contrary, that they were amicably informed that on their 
 part they had nothing to fear." He adds " That orders had 
 
15 
 
 been given to the commander of a frigate which was sailing 
 for Angola, to give a cordial welcome to any English vessel 
 he might meet with in that port (Ambriz), and to assist it 
 in obtaining any commodities and stores, the supply of which 
 he could facilitate. And that the Court of Lisbon did not 
 intend to rescind its rights over that part of the coast (of 
 Africa)." 
 
 From this correspondence it will be seen that the English 
 Government, desiring that British commerce should continue 
 to be permitted in the port of Ambriz, just as it was before 
 the conquest, did not deny the Portuguese Crown the rights 
 it claimed to have over that part of the African coast. 
 
 In 1793, the same Colonel (sic) Pinheiro de Lacerda that 
 subjected the Mossulo, marched from the bar of the Dande, 
 at the head of a considerable force, for the purpose of 
 chastising and reducing to obedience the petty kings of Zalla, 
 Lundo, Onde, Duque de Quina, and various others on the 
 two banks of the river Loge, as also the Dembo Nambuan- 
 gongo, who was the chief of them. 
 
 On the 28th June of the same year, the revolted chief- 
 tains being met together on the banks of the river Jolo, 
 battle was given them and they were defeated by the 
 Portuguese forces. From that date to the following 10th 
 August, the latter had various encounters of minor import- 
 ance with the enemy. 
 
 The Portuguese force afterwards marched to Encoge, 
 .where its commander proceeded to take certain measures for 
 the safety and pacification of the subdued country, and in 
 1794 dismissed the larger part of the troops to quarters. 
 
 The defeated chieftains sent their ambassadors to Loanda, 
 praying the Captain- General to accept their submission ; (+) 
 which he did. And they went to that city, where, according 
 
 (*) Despatch of the Captain-General of the 23rd January 1796, in 
 the Ministry of Marine and Colonies. 
 
IG 
 
 to all the conditions required of them, they took the oath, 
 and signed the respective deeds of submission and vassalage 
 to the Crown of Portugal, which deeds were registered in 
 the proper books (*). 
 
 Tlius, as a result of the war commenced in 1793, all the 
 petty kings on the two banks of the river Loge, from the 
 presidency of Encoge, situated in 7! 30' south latitude and 
 25° 24' lonsritude east from Lisbon, as far as the mouth of 
 that river, and thence north up to and beyond the river 
 Lue, were once more subjected. 
 
 m 
 
 CHAPTER II. 
 
 THE TREATIES BETWEEN ENGLAND AND PORTUGAL, AND 
 
 GREAT Britain's interpretation of them up to the 
 
 MONTH OF SEPTEMBER, 1846. 
 
 Let us now examine what the stipulations in the treaties 
 with relation to the territories in question are, and see the 
 consequences arising from them. 
 
 By Art. X. of the treaty of alliance between Portugal 
 and Great Britain, signed in Rio de Janeiro on the 19th 
 February, 1810, the Prince Regent of Portugal promised 
 not to allow his subjects to trade in slaves ; he, however, 
 excepted such trade as might be carried on in the aforesaid 
 African dominions of the Portuguese Crown. The Article 
 continues thus : " It is, however, to be distinctly understood 
 that the stipulations of the present Article are not to be con- 
 sidered as invalidating, or otherwise affecting the rights of 
 the Crown of Portugal to the territories of Cabinda and 
 
 (**) Archives of the Marine and Colonies, and Maritime and Colo- 
 nial Annals, 5th series. 
 
17 
 
 Mdlembo, which rights have formerly been questioned by 
 the Government of France," 
 
 The question raised by the French Government, to which 
 this Article alludes, was settled as has been already stated 
 by the Madrid convention of the 30th January, 1786, which 
 stipulated, that on the part of Portugal no impediment 
 should be offered to the trade which the French might carry 
 on in the ports of the coast situated north of Cape Padrao, 
 and the French Government on its part promised "that 
 it would give orders to the Governors of the islands, officers 
 on land and sea, and other French subjects, not to place 
 either directly or indirectly, through the natives of the 
 country or in any other way, the smallest obstacle, impedi- 
 ment or difficulty against the sovereignty of the Grown of 
 Portugal, and the exercise of it." 
 
 In this way France recognised Portugal's rights of sove- 
 reignty to that part of the African coast ; it was, however, 
 agreed between the two Powers that French commerce 
 should continue to be exercised in the ports mentioned. 
 
 By the treaty of the 19th February, 1810, England de- 
 clared that she did not consider the rights of the Crown of 
 Portugal to the territories mentioned — which the French 
 Government had disputed — as invalidated or affected in any 
 way. Now the consequence of this stipulation is, that the 
 British Government recognised the validity of the Crown of 
 Portugal's rights in the same way that France had recognised 
 them in the convention of 1786. And therefore, strictly 
 speaking, it engaged, as the French Government had done, 
 not to put directly or indirectly, the least obstacle, impedi- 
 ment or difficulty, through the natives of the country or in 
 any other way, against the sovereignty of the Crown of 
 Portugal, and the exercise of it. 
 
 And we must here note, firstly : that in the Madrid con- 
 vention of 1786, it was declared on the part of France : — 
 " That the expedition entrusted to M. de Marigny was not 
 
 B 
 
18 
 
 intended either to hinder, weaken, or reduce tlie rights 
 which Her Most Faithful Majesty claivied to have to the 
 sovereignty of the coast of CahiTida as part of the kingdom 
 of Angola " ; secondly : — That in Art. X. of the treaty of 
 1810, the rights of the Crown of Portugal to the territories 
 of Cabinda and Molembo are mentioned in a distinct man- 
 ner. In the former, rights which the sovereign of Portugal 
 claimed to have, are recognised ; in the latter, the validity 
 of the rights of the Crown of Portugal are recognised. 
 
 It therefore appears evident that if England had con- 
 sidered it necessary to make the wording of the recognition 
 of Portugal's rights to that part of the African coast more 
 explicit than was stipulated in the convention of 1786 she 
 would have done so, both the contracting parties having 
 actually sanctioned the drafting of the Article mentioned. 
 The following is to be found in the 2nd Art. of the treaty 
 for the abolition of the slave trade in all places on the 
 coast of Africa north of the Equator, made at Vienna 
 between Portugal and Great Britain, on the 22nd January, 
 1815:— 
 
 "Article 2nd. His Royal Highness the Prince Regent 
 of Portugal hereby agi-ees, and binds himself to adopt in 
 concert with His Britannic Majesty, such measures as may 
 best conduce to the effectual execution of the preceding 
 engagement according to its true intent and meaning ; and 
 His Britannic Majesty engages in concert with His Royal 
 Highness, to give such orders as may effectually prevent 
 any interruption being given to the Portuguese ships, re- 
 sorting to the actual dominions of the Crown of Portugal, 
 or to the territories which are claimed in the said treaty 
 of alliance as belonging to the Crown of Portugal to the 
 southward of the Line, for the purpose of trading in slaves 
 as aforesaid, during such period as the same may be per- 
 mitted to be carried on by the laws of Portugal, and under 
 the treaties subsisting between the two Crowns." 
 
19 
 
 This treaty, where it refers to that of the 19 th February 
 1810, confirms what was stipulated in Art. X. of the latter. 
 
 The 2nd Art. of the additional convention to the treaty 
 of the 22nd January, 1815, between Portugal and Great 
 Britain, for the abolition of the slave trade, signed on the 
 28th July, 1817, runs thus :— 
 
 " Art. 2nd. The territories in which the traffic in slaves 
 continues to be permitted to the subjects of His Most 
 Faithful Majesty, under the treaty of the 22nd January, 
 1815, are the following: — 
 
 " 1st. The territories possessed by the Crown of Portugal 
 upon the coast of Africa to the south of the Equator, that 
 is to say; upon the coast of Africa, the territory lying 
 between Cape Delgado and the Bay of Louren90 Marques ; 
 and upon the western coast, all that which is situated from 
 the 8th to the 18th degree of south latitude. 
 
 " 2nd. Those territories on the coast of Africa to the south 
 of the Equator over which His Most Faithful Majesty has 
 declared that he has retained his rights, namel}^ : 
 
 " The territories of Molembo and Cabinda upon the western 
 coast of Africa, from 5? 12' to 8" south latitude." 
 
 This convention being additional to the treaty of the 
 22nd January, 1815, is a still further confirmation of what 
 had been stipulated in Art. X. of the treaty of the 19th 
 February of 1810. 
 
 There is in the archives of the Ministry for Foreign 
 Affairs the minute of a treaty for the suppression of the 
 slave trade, negotiated in 1838 between Her Britannic 
 Majesty's minister plenipotentiary in Lisbon, Lord Howard 
 de Walden, and the Minister for Foreign Affairs, the Vis- 
 count de Sa da Bandeira, a treaty which was substituted 
 by that of the 3rd July, 1842. In the minute referred to the 
 following appears : 
 
 " Art. 7. It is however clearly understood and agreed 
 upon between the two high contracting parties, that none 
 
 b2 
 
20 
 
 of the stipulations contained in this treaty shall be inter- 
 preted in such a manner as to embarrass or impede lawful 
 commerce and navigation, and free intercourse between the 
 different under-named dominions of the Portuguese Grown 
 in Africa, that is to say : 
 
 " 2nd. To the south of the Equator, the territories of the 
 General Government of Angola, situated between the 8th and 
 18th degree. — 'Her Most Faithful Majesty however declares 
 as still in existence the reservations already made in former 
 treaties of the rights of Her Crown to the territories of 
 Molembo and Cabinda, which extend from the 5 th degree 
 12 minutes to the 8th degree of south latitude; and it is 
 understood that in no manner whatever does she renounce 
 the rights which Her Crown may have to any portion of 
 African territories not named in the present article.' " 
 
 This stipulation, concorded in by the two ministers, was 
 nothing more than a repetition of what was stipulated in 
 the treaty of 1810, confirmed and explained in that of 
 1815 and additional convention of 1817, and in no way 
 altered anything that was fixed by common consent, which 
 stipulation has never to this day been impaired, for such 
 could only have been done by a new treaty* 
 
 In here giving this clause, which was agreed upon in 1838, 
 we intended to demonstrate that at that time the Enghsh 
 minister in Lisbon and therefore his Government, considered 
 the stipulations of the treaties mentioned to be fully in force 
 in the j)arts relating to the rights reserved by the 
 Crown of Portugal over a determined part of the African 
 coast, and that the same opinion was held by the British 
 Government even some years after 1838 will be seen from 
 the following extracts : 
 
 " On the 29th May, 1845> a convention between France 
 and England was signed for the suppression of the slave 
 trade ; in it was fixed the number of ships each of the two 
 Powers were to maintain in West African waters for the 
 
21 
 
 above purpose, from Cape Verd to 16° 30' south latitude, 
 that is to the bay of ' Tigres,' south of Cape Negro. And 
 it was also stipulated in Art. IV. that the naval com- 
 manders of the two nations should negotiate treaties for 
 the suppression of the trade with the indigenous princes or 
 chiefs of that part of the West Coast of Africa above 
 described, according as might appear necessary to the said 
 commanders ; and that these treaties should have no other 
 object than the suppression of the slave trade ; that when 
 made, force might be used for their execution; and in 
 Art. VI. it was declared that if it was considered necessary 
 for the purposes of the convention to occupy some of the 
 points of the Coast of Africa, above named, such should not 
 be done except by the common consent of the two high 
 contracting parties." 
 
 The British Government having informed the Portuguese 
 Government of this convention, the latter ordered the Baron 
 de Moncorvo, Portuguese minister plenipotentiary in London, 
 to communicate with the English Government, and to re- 
 present against such dispositions of the convention as might 
 attack the rights of sovereignty of the Portuguese Crown 
 over a very considerable part of the West Coast of Africa in 
 which it either held direct sway, or over which it had reserved 
 its rights. The said minister carried out this order by the 
 note he addressed to Lord Aberdeen, Secretary of State for 
 Foreign Affairs, under date of the 28th July of the same year. 
 
 In this note, after many important observations he says, 
 " that the Portuguese Government hastens to make known 
 to that of Her Britannic Majesty the interpretation it is 
 disposed to give to the said convention in such part thereof 
 as may relate to the Portuguese dominions ; and which may 
 be summed up in three paragraphs, the first being as follows : 
 'That the stipulations of Arts. IV. and VI. of the said 
 convention do not refer to, neither are they understood as 
 being applicable to the dominions of the Crown of Portugal 
 
22 
 
 in Guinea and the coast of Mina (Africa), nor likewise to such 
 territories as by Art. II. of the additional convention 
 between Great Britain and Portugal of the 28th July, 1817, 
 were positively recognised as possessed by the Crown of 
 Portugal, neither also to those over which the above Art. II. 
 declared the said Crown reser%^ed its rights.' " 
 
 Lord Aberdeen replied to the note of the Baron Moncorvo 
 on the 20th September, and we here give the following 
 extract from his dispatch, in which, in language the most 
 courteous, and replete with amicable and conciliatory ex- 
 pressions, he renders full justice to the proceedings of the 
 Portuguese Government ; in it he says that : 
 
 " The undersigned considers it to be his first duty to 
 declare, that no representation founded on that alliance 
 and friendship which has happily for so long a time 
 existed between Great Britain and Portugal, that may be 
 made to the Government of Her Britannic Majesty, will 
 fail to find him disposed to ^ve it proper and favorable 
 attention." 
 
 " The promptitude with which Portugal became the first 
 State to unite its efibrts with those of Great Britain for the 
 suppression of the slave trade, cannot be forgotten by Eng- 
 land; and the Baron de Moncorvo is fully cognizant of those 
 frequent occasions when the British Government has con- 
 sidered it its duty to recognize the fidelity and sincerity 
 with which the Portuguese officials have executed the 
 Treaty concluded (in 1842) between the two countries, which 
 Treaty has been a source of sincere satisfaction to the British 
 Government, and it would be but a poor recognition of such a 
 line of conduct if the undersigned now hesitated in giving 
 a full and frank explanation of those points in the conven- 
 tion recently signed between Great Britain and France, which 
 drew the attention of the Portuguese Government to them." 
 
 " With respect then to the operation of the joint squadrons 
 of England and France upon the African Coast, including 
 
23 
 
 that part of it which is under the dominion of the Portuguese 
 Crown, or the reserved rights over which have been ac- 
 knowledged to Portugal, the undersigned at once declares 
 that the engagement by which Great Britain and France 
 have bound themselves was not intended, and cannot be 
 made to trench in the slightest degree upon the rights of 
 Portugal." 
 
 On the 11th September, 1846, Lord Howard de Walden, 
 British minister in Lisbon, wrote to Count Lavradio, Minister 
 for Foreign Aifairs, as follows : 
 
 " I have the honour to hand your Excellency the enclosed 
 cop}?" of a dispatch dated 30th April last, from Her Majesty's 
 Vice-consul at Angola, relating the particulars of the deten- 
 tion by the local authorities of a ship belonging to an 
 English factory at Ambriz, suspected of being engaged in 
 the introduction of contraband into the province, and adding, 
 that although the ship had been restored, and this was the 
 first complaint of the kind made to him since his arrival 
 at Angola, other vessels had formerly been very frequently 
 detained on similar pretexts, and in some cases confiscated 
 in the most summary manner." 
 
 Mr. Vice-consul Brand remarks, with every appearance of 
 reason, "that although the Portuguese Government may have 
 some authorities residing at those other ports of Angola with 
 which a coasting trade is kept up with the capital of the 
 province, who are authorised to grant the necessary 
 clearances to vessels, it appeared not only unjust but im- 
 politic that the absence of such documents should render 
 the vessels liable to confiscation." 
 
 From all that has been explained in this chapter it will 
 be seen that the interpretation given to the treaties of 1810, 
 1815, and 1817, so far as they relate to the rights reserved 
 by the Crown of Portugal over a part of the West Coast of 
 Africa, was the same with both the English and Portuguese 
 Governments ; and an evident proof of this is to be found 
 
24 
 
 in Lord Aberdeen's note of the 20th September, 1845, 
 where it is declared that these reserved rights had been 
 recognized. The note of Lord Howard of the 11th Sep- 
 tember 1846, in which the propriety of establishing Por- 
 tuguese authorities in Ambriz and other ports of that 
 coast is suggested, also shows that up to the date of that 
 note the British Government had ijot altered its opinion 
 in this matter. 
 
 CHAPTER III. 
 
 THE CONSTITUTIONAL CHARTER OF THE PORTUGUESE 
 MONARCHY. THE TERRITORIES OF CABINDA AND MO- 
 LEMBO. THE CONSTITUTION OF 1838 AND THE BRITISH 
 GOVERNMENT. 
 
 The 2nd Art. of the constitutional charter declares that 
 the territory of Portugal comprehends : 
 
 " § 1st. In Europe — ^the kingdom of Portugal" 
 "§2nd. In "Western Africa — Bissau and Cacheu ; 
 on the coast of Mina (Africa), the fort of St. John the 
 Baptist of Ajuda, Angola, BengueUa and its dependencies, 
 Cabinda and Molemho, the islands of Cape Verd, and those 
 of St. Thomas and Princes and their dependencies " 
 
 The 3rd Art. reads thus : 
 
 " The nation does not renounce the right it may have to 
 any other portion of territory in these three parts of the 
 world not included in the preceding Art." 
 
 In Art. 75 § 8. It is declared that the executive power 
 cannot make treaties of cession, or exchange of territory-, of 
 any kingdom or possession over which the kingdom has a 
 right, without thejr being first approved by the general 
 Cortes. 
 
 We will also here insert, for a puipose which will be 
 
25 
 
 apparent afterwards, the clause in the constitution of the 
 4th April 1838 relating to these territories, which was in 
 force during some years. 
 
 " Art. 2. The Portuguese territory comprehends : In 
 Western Africa, Bissau and Cacheu, the fort of St. John 
 the Baptist of Ajuda on the coast of Mina (Africa), Angola, 
 Benguella and their dependencies, Cabinda and Molemho, 
 the islands of Cape Verd, those of St. Thomas and Princes 
 and their dependencies." 
 
 " § Sole. The nation does not renounce any other portions 
 of territory to which it may have a right." 
 
 " Art. 37. It shall be competent for the Cortes " 
 
 " § 9. To approve, prior to their being ratified, treaties 
 of alliance, subsidies, commerce, exchange, or cession of any 
 portion of Portuguese territory, or of the right over the 
 same." 
 
 Let us now consider these dispositions and certain cir- 
 cumstances connected therewith. It was on the 29th of 
 April, 1826, in Rio de Janeiro, that the King of Portugal, 
 D. Pedro IV., Emperor of Brazil, decreed the constitutional 
 charter of the Portuguese Monarchy, and Sir Charles Stuart, 
 the then ambassador for Great Britain at that court, him- 
 self undertook to become the bearer of the constitutional 
 charter to the Regency in Portugal, and he successfully endea- 
 voured, when in Lisbon, to obtain the full execution of the 
 orders from the new king of which he had been the bearer. 
 
 The Regency having ordered oath to be taken to the new 
 fundamental law throughout the kingdom, a portion of the 
 different army corps revolted and betook themselves to 
 Spain, from whence, under the protection of the Government 
 of that country, they invaded Portugal, and there kept up 
 a civil war for some months. 
 
 It was then that the British Government, presided over 
 by Mr. Canning, sent a fine division of English troops to 
 Lisbon to uphold the new order of things. 
 
26 
 
 Tliis was followed by the occurrences of 1828, by tlie civil 
 war, the establishment of a Regency in the Island of 
 Terceira, the abdication of the Emperor of Brazil, the land- 
 ing of the constitutional army in Portugal, and the civil 
 war which terminated in 1834, with the complete triumph 
 of the latter army, and the establishment of the representa- 
 tive system of government. 
 
 During the whole of this long period of eight years, 
 through which this conflict between the defenders of liberal 
 principles and those of absolute power raged, the Govern- 
 ment of Great Britain was presided over by eminent states- 
 men; but these, as regarded what was then called the 
 Portuguese Question, held opposite opinions, which were 
 manifested by their acts. Some sent English troops to 
 Lisbon to defend Portugal against the aggressions of Spain, 
 and at the same time to give a moral support to the Con- 
 stitutionalists ; others, by the mere act of detaining those 
 troops in Lisbon, gave a very efficient moral support to the 
 enemies of the new institutions which fell in 1828 ; and these 
 same enemies ordered, or allowed, British vessels of war 
 to train their guns against the unarmed emigrants, who in 
 vessels of their own freighting, had already entered the 
 waters of the Island of Terceira where a flag was flying which 
 was recognised by England and under which they sought to 
 shelter themselves; some of these emigrants were killed 
 by the shot thus fired. Finally there were other ministers 
 who during the war which was waged in Portugal from 
 1832 to 1834, gave proof of sympathy with the defenders 
 of the Liberal system. 
 
 And moreover during all this time not one of the British 
 ministers ever raised the slightest doubt as to the validity 
 of the Crown of Portugal's rights to the part of the west 
 coast of Africa, described in the constitutional charter as 
 forming a part of the Portuguese Monarchy. 
 
 The facts of Sir Charles Stuart being the bearer of the 
 
27 
 
 constitutional charter, and of Mr. Canning's administra- 
 tion sending troops to Portugal for her defence, prove 
 that the British Government made no objection to the 
 Article which stated Cabinda and Molembo to be part 
 of the Portuguese Monarchy. Neither the administration 
 of the Duke of Wellington, nor that of which Lord Pal- 
 merston was a member as Minister for Foreign Affairs, ever 
 indicated that their Government held an opinion contrary 
 to that of the Portuguese Government, respecting the teni- 
 tories referred to. 
 
 And various facts which took place in 1836, and in sub- 
 sequent years, furnish proofs of this. 
 
 In 1836 the political movement called "the Revolution 
 of September," took place, in consequence of which the 
 constitutional Cortes met and discussed a new constitution, 
 which was sworn to by the Queen D. Maria II. on April 4, 
 1838, in which, in the same manner as in the constitutional 
 charter, the territories of Cabinda and Molembo are de- 
 scribed as forming part of the Portuguese Monarchy. 
 
 Thus the discussion of this measure, its unanimous adop- 
 tion, its incorporation in the new constitution, and the 
 publication of the latter, which was effected with the 
 greatest solemnity, were all circumstances which failed 
 to call forth the slightest representation, either from the 
 British Minister in Lisbon himself, or from his Govern- 
 ment. 
 
 And in order to thoroughly weigh the motive for this ab- 
 stention, which could be none other than the consciousness 
 of Portugal's undoubted right, it will be well to bear in 
 mind that neither the English Minister in Lisbon, nor his 
 Government, had any sym])athy with the new order of things, 
 but on the contrary it may be safely asserted' that they 
 were opposed to it, as was shown by the behaviour of the 
 same Minister and the British squadron in the Tagus during 
 the whole time the reactionary movement, which took place 
 
28 
 
 in Belem in the beginning of November 1836 lasted, as 
 different facts which have since transpired and various 
 claims and demands made by the British upon the Por- 
 tuguese Government, founded on more or less specious 
 and plausible motives, also show ; in the meanwhile neither 
 Cabinda nor Molembo were ever the cause of any objection 
 being raised by the said Government; neither even were they 
 so during the ten succeeding years, as is proved, 1st, by 
 the clause approved in 1838 inserted in the minute of the 
 treaty for the suppressipn of the slave trade discussed and 
 approved by Lord Howard de Walden, and by the author 
 of this pamphlet ; 2nd, by Lord Aberdeen's note before 
 named, addressed to the Baron of Moncorvo in 1845 ; and 
 3rd, by the note of Lord Howard de Walden to Count 
 Lavradio signed on the 11th September 1846. 
 
 The other Articles of the constitutional charter above 
 given, show that the Portuguese Government could not cede 
 the rights which Portugal possessed to the territories before 
 named, without being authorised for such purpose by a 
 special law passed in the Cortes, with all constitutional 
 formalities ; and they also show that by the legislation at 
 present in force, the Government is compelled to consider 
 the said territories as forming an integi-al part of the Por- 
 tuguese Monarchy. ^ 
 
 CHAPTER IV. 
 
 VARIOUS PARTICULARS RELATING TO PORTUGUESE DOMINION, 
 TO THE SLAVE TRADE AND TO LAWFUL COMMERCE ON 
 THE AFRICAN COAST. THE MEETING OF THE COLONIAL 
 COUNCIL AT WHICH THE OCCUPATION OF AMBRIZ WAS 
 PROPOSED. 
 
 The Portuguese Government was unable to give much 
 attention to its African possessions for some years subsequent 
 
29 
 
 to the convention of 1817, owing to different causes which 
 required its energies to be directed to other quarters. The 
 war in the River Plate was being carried on, and the 
 Portuguese troops had occupied Montevideo. In 1817 an 
 insurrection broke out in Pernambuco, which necessitated 
 the employment of considerable forces for its subjection. In 
 1820 the great Liberal revolution, which in 1821 decided 
 King D. Joao VI. to transfer the seat of the Portuguese 
 Government from Rio de Janeiro to Lisbon, took place in 
 Portugal. In 1822 Brazil, which was then declared an in- 
 dependent State, commenced war with the metropolis. In 
 1823 a counter revolution supplanted the Liberal institutions, 
 and in 1824 the chiefs of that revolution made an attempt 
 on the person of the king ; but finally however, the royal 
 authority prevailed. In 1825 the war between Brazil and 
 Portugal was terminated, the independence of the new empire 
 being acknowledged. D. Joao VI. died in 1826. On the 
 29th April of the same year his son and successor, King 
 D. Pedro IV., decreed the constitutional charter of the 
 Portuguese Monarchy at Rio de Janeiro ; a long civil war 
 followed, which, with but few quiet intervals, only termi- 
 nated in 1834, the system of representative government 
 obtaining a complete triumph. In the year 1836 there was 
 a fresh revolution, which was followed by a civil war in 
 1837. 
 
 It was only in 1838 that the Portuguese Government 
 found itself able to give more attention to colonial matters. 
 In this year Vice- Admiral Antonio Manuel de Noronha, 
 who from his probity merited the full confidence of the 
 Government, was named Governor-General of Angola. He 
 received instructions from the then Minister for Marine and 
 Colonies, the author of the present memorial, dated the 4th 
 October of that year, by which he was ordered to put the 
 decree of the 10th December, 1836 — abolishing the slave 
 trade — into rigorous execution, and that to prevent this 
 
30 
 
 trade which was being put down in Loanda and Benguella 
 from becoming transferred to the ports of that part of the 
 coast which both by the Constitution of the Monarchy and 
 by treaties belong to Portugal, he was to effect the occupa- 
 tion of the ports of Ambriz, of the river Zayre (sic), Cabinda 
 and Molembo, as well as that of Mossamedes, where he was 
 to appoint Portuguese authorities who were to be held re- 
 sponsible for, the suppression of the trade until such time 
 as it could be finally abolished. The same Governor-General 
 was also ordered to permit, and to protect the commerce of 
 foreign nations in the above ports, when they were occupied. 
 
 Private circumstances led to the return of the Vice- Ad- 
 miral to Europe, and only one of the orders previously given 
 to him was afterwards carried out, viz., the one relating to 
 the occupation of Mossamedes, in which place there is now 
 an European town, and in whose territory the sugar-cane 
 and cotton is cultivated, while the slave trade, having been 
 effectually suppressed at Loanda and Benguella, became con- 
 centrated in the other mentioned ports. It is very probable 
 that it would have disappeared from thence also, had the 
 occupation which was determined on seventeen years ago 
 been carried out. 
 
 On the 23rd August 1843, Captain J. Foot, commander 
 of the naval station, while at Loanda, wrote to the Presi- 
 dent of the Council of Angola as follows : — 
 
 " I have the honour to inform your Excellency that I was 
 positively informed when in Ambriz last week, that there 
 were three or four barracoons full of slaves, five miles to- 
 wards the interior of that bay, awaiting vessels to embark 
 them ; that some Portuguese of this city reside there and 
 buy slaves, and ' that the goods with which they are pur- 
 chased are transported in boats from this city to Ambriz 
 direct to the barracoons, so that the only effect to be ob- 
 served in the province, as regards this diabolical trade, since 
 the signing of the new treaty between our respective Govern- 
 
31 
 
 ments is, that the slave traders have left the immediate 
 vicinity of Ambriz, and have gone over to neighbouring 
 ports ; also that the means for carrying on this atrocious 
 trade are furnished from St. Paul de Loanda. I do not 
 venture an opinion on this lamentable state of things ; the 
 facts speak for themselves." 
 
 To this despatch the Government Council replied on the 
 24th of said month : 
 
 " . . . . Assuring your Excellency, however, that 
 the goods for the said trade, if there really are any in exist- 
 ence at the above-named place, do not go from this city, but 
 are imported there direct by English, American, and other 
 vessels which are not Portuguese ; that on the contrary it 
 frequently happens that such goods are brought from thence 
 to this port." 
 
 Another despatch, also from the said Council to the above 
 commander, dated 29th August, says : — " As regards the 
 second part of your despatch, relating to the exportation of 
 goods from this place to Ambriz, we have to state that in 
 our last despatch on the subject we then wished, and now 
 still desire to acquaint you, that if the slave trade is so 
 carried on there, it is principally by means of goods im- 
 ported direct from England, France, and America, though 
 we do not pretend to deny that some such may be exported 
 from here clandestinely, and even legitimately, seeing that 
 no prohibition whatever is placed on such shipments." 
 
 On the 22nd March, 1847, the Minister for Marine at the 
 request of the British Government, ordered the commander 
 of the naval station at Angola, to promptly destroy any 
 barracoons existing on the coast of Africa, that the com- 
 mander of the English cruisers might officially point out as 
 intended to be used for the purposes of the slave trade, pro- 
 vided that the persons intrusted with this duty, who must in 
 all cases be Portuguese, should find slaves or articles in such 
 barracoons as should clearly denote the existence of that trade. 
 
32 
 
 On the 1st July following, the same Minister repeated 
 this order, and also determined that the slaves found in 
 such barracoons should be promptly set at liberty. 
 
 In 1848, at the request of the British commodore of the 
 respective naval stations, the commander of the Portuguese 
 naval station at Angola went to Ambriz, where he landed 
 and burnt various barracoons, in which he found fettere and 
 other articles used in the slave trade : he afterwards burnt 
 sundry other barracoons in different parts of the coast, and 
 in one of these, two miles S. E. of Ambriz, slaves were 
 found in chains who were conducted on board the Portu- 
 guese ships to be set at liberty ; in other barracoons 
 further inland, pipes of water, raised sleeping decks, and 
 further indications of the trade were found, the slaves 
 havinor however been removed from there before the an'ival 
 of the Portuguese people. 
 
 On the 25th July of the same year, in consequence of a 
 Brazilian steamer having embarked eight hundred slaves in 
 Mayumba (west coast of Africa), the British Minister in 
 Lisbon told the Portuguese Government that the English 
 squadron would gladly co-operate in any measures it 
 might be thought necessary to take, either for the purpose 
 of destroying the depots of slaves existing in Ambriz, 
 or for preventing their re-establishment there after- 
 wards. 
 
 The Governor-General of Angola informed the Minister 
 for Marine and Colonies on the 19th December 1849, that 
 *' he had extra officially heard that the negroes of Ambriz 
 had, on the 25th of the past month, burnt the stores be- 
 longing to Hatton and Cookson of Liverpool, whose manager 
 was a British subject named A. Perry who was engaged in 
 lawful trade, and that by the said fire a large quantity of 
 ivory and cloth goods had been lost, the value of which was 
 estimated at £3,000." 
 
 On the 29th June, 1850, the. same Governor-General ad 
 
S3 
 
 vised that in consequence of those occurrences, Portuguese 
 and English war vessels had gone to Ambriz, and that the 
 latter vessels had obliged the chiefs to compensate the 
 injured firm, a certain number of vessels belonging to the 
 firm being exempted from payment of landing dues, which 
 are there called "costumes" ; and that the commander of the 
 Portuguese naval station, wishing to secure the property 
 of the Portuguese subjects established and trading lawfully 
 there, had taken the headmen or chiefs of the petty kings 
 of Ambriz, to declare on behalf of these latter that they 
 considered themselves vassals of Her Majesty the Queen, 
 and that they would continue to behave towards the Por- 
 tuguese as hitherto. 
 
 The Minister for Foreign Affairs in writing to his col- 
 league for the Marine and Colonies, on the 23rd February 
 1850, said that Her Britannic Majesty's Consul at Lisbon 
 had informed him of the contents of a despatch from the 
 British Vice-Consul at Loanda, which gave a minute 
 account of the burning of two barracoons at Ambriz, with 
 their goods belonging to a Liverpool house, whose loss 
 was estimated at £10,000, and whose barracoons had been 
 sanctioned by the petty kings of the country ; that on 
 three English war vessels proceeding there, the petty kings 
 were threatened with a blockade, and finally, arrangements 
 were made for the admission of ten cargoes of merchandise 
 consigned to the above firm, free of duties, which duties ac- 
 cording to the despatch of the said Consul would not, so far 
 as he could ascertain, exceed £200 ; this arrangement al- 
 though much below the estimated loss had been readily 
 accepted by the said firm, and a formal convention, to which 
 three of the petty kings, the commander of the British forces, 
 and the principals of the English houses established there 
 were parties, was signed: the despatch adds, that he the Vice- 
 Consul was perfectly astonished at what had occurred, as it 
 was an attempt against the rights of the Portuguese Crown. 
 
 'C 
 
34) 
 
 In a letter, from Captain E. Wilmot commander of the 
 southern division of the English naval station on the African 
 coast, dated river Congo 19th January 1853, and addressed 
 to Lord Palmerston, Secretary of State for Foreign Affairs, 
 which is in print, and in which he treats of the present 
 state of the slave trade, making some observations re- 
 garding the conclusion of treaties with the chiefs of the 
 African coasts for the suppression of the slave trade, he 
 says, '•' That these chiefs wiU sign the paper when it is to 
 their interest to do so, but not otherwise, unless force is 
 used, and all the coast line strictly blockaded in the full 
 sense of the word ; that a strict blockade would effect the 
 object, because the negroes of the country are accustomed 
 to European goods and manufactures, and cannot live with- 
 out them : that the European merchants who have their 
 agents on this coast would suffer, but that it is they who in- 
 directly maintain the slave trade : that the American like the 
 Englishman, supplies all the goods a negro chief wants when 
 he wishes to sell his slaves ; and that although in Ambriz, 
 Loango, and one or two other places, a large trade is carried 
 on in ivory, gum, wax, oxchella, etc., the fact must never- 
 theless not be disguised that the white man, established in 
 this country, is in favour of the trade, and does not attempt 
 to open his mouth, even in cases where slaves are shipped 
 under his eyes ; that in fact, the more active the slave trade 
 is, the greater profit he derives from it, because the money 
 given in exchange for slaves returns to his factory in ex- 
 change for all kinds of goods." 
 
 He further says, — " That the American flag is used for 
 the vilest of purposes : — That vessels arrive on the coast of 
 Africa from Havana, Baltimore, New Orleans, etc., with the 
 American flag, American papers, American captains and 
 crews, and that the number of those bringing cargo is very 
 small; that they are intended for the slave trade, and 
 make no secret of this fact when they arrive on the coast ; 
 
85 
 
 that they have everything ready for receiving slaves, even 
 to the carrying of planking for the stowage of slaves on 
 board ; that this is plainly shown by their register ; that 
 the English cruisers have no authority to detain or search 
 such vessels although they may know their character, 
 because they tell the English officers that they are going 
 to be sold, and even name the price of sale ; and that not- 
 withstanding all this, the cruisers can do nothing so long 
 as the American flag flies from their masts, and so long 
 as the American papers they present are in proper order ; 
 that everything remains thus until the last moment; 
 that when they think the time has arrived for changing 
 owners, the cruisers being out of sight and not likely to 
 interfere with their operations, the contract is made, the 
 new captain and crew go on board, the American flag is 
 lowered and destroyed along with the papers, and the vessel 
 ceases to enjoy American protection being left perhaps 
 without any flag whatever ; that she makes sail with her 
 living freight trusting to chance to reach the place to 
 which the slaves are consigned, in safety; that the American 
 captain laughs at the cruisers, and says they dare not touch 
 him." 
 
 And Captain Wilmot exclaims, with reason, "Here is a 
 slave ship within range of our guns, but we cannot detain 
 her, neither can we even open her scuttles." 
 
 He further continues : " that under this flag, the slave 
 trade is still carried on on a large scale along this coast, and 
 that it will continue thus until the American Government 
 finds it convenient to take up the cause in the same spirit 
 and with the same activity that England has done, and 
 give British cruisers permission to detain suspected vessels 
 and send them to the United States." 
 
 He further says : " that the Americans should withdraw 
 their cruisers altogether, and permit us to act in their stead, 
 relying on British honour." And he adds, " that the officers 
 
 c 2 
 
36 
 
 selected to command the American cruisers are men beloncr- 
 ing to the southern states of the Union, who are not adverse 
 to slavery." 
 
 Captain Wilmot, speaking particularly of that part of the 
 coast stretching from Cape Lopo Gon^alves to Mossamedes, 
 that is from 36 minutes to 15° 12' south latitude, says : " That 
 in 1853 there were only three small brigs and a steamer to 
 watch this line of coast, which is nearly a thousand miles 
 long, against the slave trade, when nine vessels, of which 
 four should be steamers, are required for the service. And 
 he says finally, that if the number of ships of the squadron 
 were to be reduced, all the African coast would be frequented 
 by slavers, which could not be prevented, because so long as 
 the remotest possibility of carrying on the trade existed 
 the white man would be found combining with the black 
 man, to render all our efforts futile." 
 
 We will now turn to another class of occurrences. Since 
 the end of the year 1852, if not indeed previously, some 
 commanders of English ships of war endeavoured to make 
 treaties with the petty kings of Ambriz, Cabinda and other 
 places on the coast over which the Portuguese Crown has 
 rights that have been recognised by England. Such at- 
 tempts laboriously repeated were however fruitless so far as 
 regards the petty kings. 
 
 On the 24th January 1854 Captain Wilmot, of whom 
 we spoke above, went to Cabinda, and communicated with 
 Mambuco, principal chief of the port and delegate there 
 of the king, who resides in the interior of the country, and 
 endeavoured to get the said Mambuco and other chiefs to 
 sign a treaty for the suppression of the slave trade, and 
 for other purposes. The chiefs refused to sign in spite of 
 the ofifers and threats made to them. Captain Wilmot then 
 retired, but returned there on the following 10th February, 
 when he appears to have succeeded in inducing Mambuco, 
 who could neither r^ad nor write, to make a cross on 
 
37 
 
 the paper which the captain called a treaty ; after this he 
 withdrew. 
 
 In the course of a little time, the king of Cabinda, the 
 lawful Mambuco, the governor of Porto Rico, a settlement 
 situated on the bay of Cabinda, and the other chiefs sent 
 some of their people to Loanda with a message to the 
 Governor-General, informing him of the above occurrence, 
 and declaring that they and their people only recognised 
 the sovereignty of the Crown of Portugal, as their ancestors 
 had done. 
 
 These also reported that Captain Wilmot had succeeded 
 in getting Mambuco to make a cross on the paper presented 
 to him, after being made drunk with brandy. This how- 
 ever was afterwards denied by the Captain. 
 
 The official bulletin of Angola of the 5th March 1853 
 refers to these events. 
 
 The Governor-General wrote to the English naval com- 
 mander, complaining that such invasive acts should have been 
 practised against the Crown of Portugal's rights. He also 
 sent Portuguese men-of-war to the ports of Ambriz and 
 Cabinda, where on their arrival they found the Portuguese 
 flag flying, it having been hoisted by the petty kings. 
 
 As regards the so-called treaty, we shall speak of it 
 further on. 
 
 On the 18th April 1853, the Admiral of the English 
 naval station on the west coast of Africa, wrote from 
 Loanda to the Admiralty as follows, " It is said that when 
 the 'Silenus' embarked six hundred slaves at Ambriz in the 
 month of February last, a launch belonging to Mr. Felix 
 Walker, a British subject residing there as the agent of 
 Messrs. Cookson and Hatton of Liverpool, was one of the 
 vessels then employed in embarking the slaves on that 
 vessel." 
 
 It is not only on the African seaboard belonging to Portugal 
 that the slave trade has continued up to the present time ; the 
 
38 
 
 same thing has happened in many other places, including 
 those over which the vigilance of the British authorities 
 has been most constant, and where it could be most easily 
 exercised. 
 
 Some cases extracted from the correspondence relative to 
 the slave trade, presented to Parliament by the British 
 Government in 1854, will suffice to prove this. 
 
 In the volume Class A, there is a despatch from the 
 Judge-Commissioner of the Sierra Leone mixed Commission 
 dated the 12th January 1854 addressed to the Earl of 
 Clarendon, in which he says : 
 
 " That two slavers had been captured in 1853 on the 
 Pongo river ; that various slave traders had been expelled 
 from the port of Sherbro during the same year, who had 
 previously been driven away from the Gallinhas river for 
 a similar reason." 
 
 Even in this year (1855) the English war vessel "Ferret" 
 captured a brig which was ready to embark slaves on the 
 Pongo river; and also on the west coast of Sierra Leone, five 
 miles from Freetown its capital, more than forty slaves in- 
 tended for the trade were captured. 
 
 It ought to be known that the Pongo river is only five or 
 six hours' sail from the Idols islands, and the Gallinhas 
 river a little more than this from the Bananas islands ; that 
 all these islands are dependencies of Sierra Leone, and that 
 the last of these rivers is considered by some English 
 writers as belonging to the above colony. Sherbro is 
 distant a little more than one degree of latitude from Sierra 
 Leone. 
 
 Now what the British functionaries said in 1853 about 
 the slave trade carried on in the Pongo and Gallinhas rivers 
 tallies with what was said by other English function- 
 aries about the same rivers in 1838, as may be seen from 
 the correspondence presented to Parliament in 1839 : so 
 that the slave trade in these ports, which are close to Sierra 
 
39 
 
 Leone, was probably being carried on in 1855 just as it had 
 been seventeen years previously. 
 
 The same correspondence also shows that the trade has 
 continued on the coast of Mina (Africa). In the volume 
 above cited there is a despatch from the English Consul at 
 the port of Lagoa (or Lagos in the English maps), addressed 
 to Lord Clarendon, dated 30th July 1853, which states that 
 three vessels had sailed from the port of Aghwey in the 
 previous month of June, with 350 slaves each. 
 
 On the 6th September of the same year, this same Consul 
 states that in the preceding month of May, another vessel 
 had left the above port of Aghwey with 654 slaves. 
 
 The English Consul at Fernando Po, in a despatch 
 addressed to Lord Clarendon dated 29th March 1853, says 
 that a schooner intended for the trade had been captured 
 in New Calabar; and on the 6th April following, he 
 reports that an American barque had shipped a cargo of 
 slaves near Popo. 
 
 It should be borne in mind that England has the fortress 
 of Cape Curso, as well as many other forts, on this coast ; 
 that she effectively holds sway over the island of Fernando 
 Po ; and that she really exercises a sort of protectorate over 
 the chiefs along the coast ; that there is a large number of 
 English traders there who deal principally in palm oil, and 
 that it is frequented by numerous English cruisers, whose 
 commanders have obtained the signatures of the dominant 
 chiefs (made by cross), on papers, which these commanders 
 call treaties, and by which the said chiefs promise to abolish 
 the slave trade. That in spite of all these circumstances 
 the trade has continued to be carried on there. 
 
 The above correspondence also states that the trade has 
 been continued more or less actively on the coast situated 
 to the north of Loanda, and that there were factories in 
 Ambriz for the purposes of the trade. 
 
 From the foregoing, and also from what has been omitted 
 
40 
 
 for brevity's sake, it results : that the slave trade has been 
 carried on with more or less activity during late years, 
 throughout a large part of the West Coast of Africa ; that 
 in places near the colony of Sierra Leone it has continued, 
 and that the same has happened with the English establish- 
 ments on the Coast of Mina (Africa), from Cape Curso to 
 Fernando Po, and also in Ambriz and some points of the 
 coast south of Loanda ; and that it has been so carried on 
 in spite of the cruisers, in spite of the treaties made with 
 the negro kings, and in spite of the progress which lawful 
 commerce has made along the whole extent of coast. 
 
 It is also certain that there appears to have been no trade 
 carried on of late years in the ports of the coast where 
 there are Portuguese or English authorities. 
 
 This is the truth. And if there are no grounds for 
 recriminations against the English Government because of 
 the trade carried on in the Pongo river at Sherbro, and in 
 the Gallinhas river, places situated near Sierra Leone, 
 neither also are there any for recriminations against the 
 Portuguese Government because the same trade has been 
 carried on in Ambriz, and some parts of the Angola coast. 
 
 The deduction from all this is that so long as the markets 
 of the Spanish Antilles exist, they must be supplied with 
 African slaves, and that so long as these slaves fetch high 
 prices there, it will be as impossible to put down this 
 contraband as it has been to put down that which was, and 
 is still carried on between France and England, in spite of 
 the rigorous system of fiscalisation, and the numerical 
 strength of the preventive officers in both the countries 
 named. 
 
 Therefore the only means of putting a stop to the trade 
 on the West Coast of Afiica, consists in the closing of the 
 Cuban and Porto Rico markets. And the British Govern- 
 ment would be doing a very humane act as well as an 
 economical one, if it applied the money which it now spends 
 
41 
 
 and probably will spend on the squadrons employed against 
 slavers, in effecting the closing of those markets by Spain. 
 
 In the presence of these facts, the Colonial Council in 
 session held on the 5th April 1853 told the Government 
 that: 
 
 "One of the duties imposed on this Council by its founda- 
 tion decree was that of carefully observing that the laws 
 prohibiting the slave trade in the Portuguese colonies were 
 executed." 
 
 " The Council is informed that among the ports near 
 Loanda, Ambriz is the one where the trade is carried on to 
 the greatest extent. There are no Portuguese authorities 
 there to suppress it, and therefore the agents of this contra- 
 band have collected in that port, and established their 
 slave depots at two or three leagues distance towards the 
 interior, in order thus to evade the vigilance of the cruisers. 
 It is certainly one of the duties of the Portuguese Govern- 
 ment to use every effort to suppress this infamous trade, both 
 because the treaty of the 3rd July 1842, entered into with 
 Great Britain, and also the execution of our own laws now 
 in force, demand it." 
 
 In the session of the 20th October 1854, the Council 
 insisted that such occupation should be proceeded with 
 forthwith, and recommended that the Government should 
 in its instructions order the slave trade at that port to be 
 treated with the utmost severity, as it ought to be put 
 down by every possible means. 
 
 The Council in its sessions both of the 5th April 1853 
 and 20th October 1854, proposed that full protection should 
 be given to the trade of all nations at the port of Ambriz, 
 by the Portuguese authorities. 
 
 It cannot therefore be doubted that one of the most 
 effectual means for suppressing the trade is that of ap- 
 pointing authorities, aided by a certain police force, in 
 the ports where the trade is carried on, the same authorities 
 
42 
 
 being held responsible for any lack of vigilance. The 
 advantages to be derived from this system wovdd be the 
 knowledge such authorities would acquire of the countiy ; 
 their permanent character, which would prevent traders 
 from establishing themselves in their respective localities \ 
 negro slaves from being kept for embarkation in depots 
 situated at considerable distance from the coast ; and ships 
 from receiving cargoes of slaves because, as local authorities 
 they Would have the right of police in the ports ; and thus 
 ships earring the American flag could be examined and even 
 anested if they came within the provisions of the Decree of 
 the 10th December 1836, which is not the case now, because 
 the Portuguese cruisei"s refrain from visiting such vessels 
 in the ports and seas whose dominion Portugal claims, but 
 whose right the English Government since the year 1846, 
 attempts to impeach. 
 
 Thus ; while the cruisers only occasionally appear in 
 those ports and cannot stop the slave trade carried on by 
 American vessels ; while the above slaves, collected in 
 those ports for shipment, are quickly removed into the 
 interior of the country on the appearance of any cruiser ; 
 while the chiefs with whom English commanders have made 
 arrangements for prohibiting the trade never carry them out 
 when they can with impunity gain by their infraction ; the 
 same would not occur, were vigilant and active authorities 
 stationed in the said ports, responsible for any shipment of 
 slaves that might be effected there. It will only be by this 
 means that the trade will be suppressed in certain localities, 
 so long as the markets of the Antilles remain unclosed. 
 The establishment of Portuguese authorities in African 
 ports where the trade has been carried on for so long, and 
 where it is even now more or less engaged in, will have the 
 additional advantage of protecting the legitimate commerce 
 of all nations who may trade with those ports. And the 
 growth of this commerce will be one of the most effectual 
 
43 
 
 measures for suppressing the trade, as by its means the 
 blacks will be able to obtain European goods to which they 
 are accustomed, and with which they now supply them- 
 selves in exchange for slaves. 
 
 Having these facts in view, the Portuguese Government 
 has of late years adopted various measures for compassing 
 both these ends simultaneously, one of such measures being 
 the occupation of some of the ports of the colonies which 
 were not garrisoned, the principal ones of which would be 
 permanently opened to the trade of all nations. The port 
 of Ambriz was thus treated. 
 
 CHAPTER V. 
 
 THE QUESTION EAISED BY THE ENGLISH GOVERNMENT IN 
 1846 AS TO THE INTEEPEETATION OF THE TREATIES. 
 EXAMINATION OF THIS QUESTION, 
 
 From what is set forth in the preceding chapter, it will 
 be seen that the British Government during the long period 
 of more than thirty-six years which intervened between the 
 month of February 1810, and November 1847, did not 
 differ with the Portuguese Government in considering the 
 territories of Cabinda and Molembo as subject by right to 
 the sovereignty of the Crown of Portugal. 
 
 "We will now give by dates, extracts from the notes of 
 the British Government, which contain the reasons ad- 
 vanced in support of the new interpretation it endeavoured 
 to give to the treaties, and from whence it deduces the 
 fact that it had not recognized the rights of the Crown 
 of Portugal to the territories on the West Coast of Africa 
 situated between 5? 12' and the 8th degree south latitude ; 
 
and we will endeavour to prove that its arguments cannot 
 be maintained. 
 
 On the 4th November 1846, Mr. Southern, who was then 
 Charg^ d' Affaires for England at Lisbon, in a note addressed 
 to the Minister for Foreign Affairs, respecting a Brazilian 
 vessel fully equipped for the slave trade, which had been 
 captured by the Portuguese corvette of war " Uranea " 
 on February of the said year, she having been found 
 twenty-five miles to the north of Ambriz, and which on 
 being taken to Loanda was there declared a lawful prize 
 by the respective Portuguese tribunals in consequence of her 
 having been found engaged in the slave trade within Por- 
 tuguese jurisdiction, in contravention of the Portuguese 
 laws, says as follows : — 
 
 " As regards the 2nd Art. of the convention dated 28th 
 July 1817, supplemental to the treaty of the 22nd January 
 1815, between Great Britain and Portugal, for the prevention 
 of illicit trading in slaves, your Excellency will observe that 
 as regards the West Coast of Africa the territories described 
 as possessed by the Crown of Portugal extend from the 8th 
 to the 18th degree of south latitude. But that with respect 
 to that part of the coast situated between the 5th degree 
 12 minutes and the 8th degree of south latitude, namely 
 the territory of Molembo and Cabinda, His Most Faithful 
 Majesty declared that he reserved his rights over it. 
 
 " Therefore it will be seen, that while the rights of Portu- 
 gal to the exclusive sovereignty and jurisdiction from the 8th 
 to the 18th degree south latitude were fully recognised by the 
 British Government, her rights from 5? 12' to the 8th degree 
 south latitude were not so recognised," and he adds : " as the 
 Brazilian vessel was captured twenty-five miles to the north 
 of the 8th degree south latitude and condemned as being 
 found in Portuguese waters, I have instructions to inform 
 your Excellency that if an English vessel happens to be 
 captured by a Portuguese cruiser imder similar circum- 
 
45 
 
 stances, Her (Britannic) Majesty's Government will not 
 allow such vessel to be adjudicated on by a Portuguese 
 tribunal, but will request that she may be treated in ac- 
 cordance with the stipulations of the 1842 treaty." 
 
 He further adds, " that he had instructions to make this 
 explanation to His Most Faithful Majesty's Government, it 
 being based on the fear that if this decision, which involves 
 a claim to exclusive territorial possession, should pass un- 
 noticed, it might affect tlie right of unrestricted intercourse 
 with that part of the West Coast of Africa situated between 
 the 5th degree 12 minutes and the 8th degree south latitude, 
 which it is important to Her Majesty's Government to 
 maintain in the interests of commerce." 
 
 A note addressed by Lord Palmerston, Her Britannic 
 Majesty's Minister for Foreign Affairs, to the Baron de 
 Moncorvo, Minister Plenipotentiaiy for Portugal in London, 
 dated the 30th November 1846, contains the following: 
 
 " The British Commissioners (members of the mixed Com- 
 mission at Loanda) have expressed their fear that if Portugal 
 forced the rights of sovereignty over this territory (from 
 5? 12' to the 8th degree south latitude), such would interfere 
 with the communication between the British merchants 
 and those nations with whom they now carry on their 
 trade without payment of any duties to the Portuguese 
 Government." 
 
 The sentence of the Portuguese court of Loanda, (on the 
 brig " Union" captured by a Portuguese cruiser in 7? 36' 
 south latitude, and declared a lawful prize as a slaver), in- 
 volves a claim to exclusive territorial possession that may 
 prejudice the right, which it is important to Her Majesty's 
 Government to maintain, of unrestricted intercourse with 
 that part of the coast of western Africa extending between 
 5? 12' and the 8th degree south latitude. 
 
 Accordi^g to the treaty of 1817, Molembo is the extreme 
 northern point to which the Portuguese claim to sovereignty 
 
46 
 
 not actually recognised by Great Britain, but over which 
 Portugal declares she reserves her right, extends, and Ambriz 
 is the extreme northern point recognised by Great Britain. 
 
 A note from Sir Hamilton Seymour, Her Britannic 
 Majesty's Minister Plenipotentiary at Lisbon, dated 9th 
 November 1850, and addressed to the Minister for Foreign 
 Affairs, contains the following : 
 
 "As regards the situation of Ambriz, considerable igno- 
 rance seems to have existed in 1817 and even at a much 
 later period, and it appears from a document I have before 
 me that it was only towards the end of 1847 that Lord 
 Palmerston learned, through Her Majesty's Commissioners at 
 Loanda, the fact that Ambriz was situated to the north of 
 that part of the coast the sovereignty over which was ad- 
 mitted by treaty as belonging to the Portuguese Crown. (*) 
 
 It is therefore manifest that an expression used by a 
 Minister of Her Majesty in his correspondence with a 
 foreign mission, and which must have been so used in 
 consequence of a geographical error, cannot be effectively 
 advanced, either against the terms of the treaty, or against 
 the same Minister's language after his discovery of the error 
 alluded to. 
 
 The English Government having in 1850 made various 
 complaints relative to the slave trade, which was said to 
 have increased in Portuguese Africa, the Minister for 
 Foreign Affairs, Count Tojal, informed the British Minister 
 Plenipotentiary at Lisbon, that the Minister for Marine and 
 Colonies was about to take decisive measures for suppressing 
 that trade, the most efficient of which, as regarded Angola 
 being the fortification of Ambriz. In reply to this com- 
 
 (**) This alleged ignorance did not exist in 1817 as may be seen from 
 the old " Roteiros " (Guide Books), for example that of Pimentel, in 
 which the port of Ambriz is placed in 7 degrees and ^ south latitude, 
 and also in modem ones, like Purdy's Sailing Directory where the 
 same port is marked as situated in 7? 52' south latitude. 
 
47 
 
 mTinication Lord Palmerston sent a despatch to the English 
 representative at Lisbon on the 11th October of the same 
 year, which was brought to the notice of the Portuguese 
 Government, in which he says "that the port of Ambriz 
 was not recognised by Great Britain as within Portuguese 
 
 territory and that as regards adopting the idea of 
 
 fortifying a place not included in Portuguese territory, as a 
 measure for suppressing the slave trade carried on in that 
 territory, it was a proposal that would have to receive 
 serious consideration." 
 
 The following is to be found in a note addressed by Lord 
 Clarendon, Her Britannic Majesty's Minister for Foreign 
 Affairs, to Count Lavradio, Minister Plenipotentiary for 
 Portugal in London, on the 26th November 1853 : " It is 
 therefore both manifest and notorious, that the African 
 tribes who inhabit the coast line claimed by Portugal 
 between 5? 12' and the 8th degree south latitude, are in reality 
 independent, and that the right acquired by Portugal from 
 priority of discovery at the end of the fifteenth century, has 
 for a long time been suffered to lapse owing to the Portu- 
 guese Government not having occupied the country so 
 discovered." 
 
 " In the presence of these facts, the undersigned must 
 repeat the declaration of Her Majesty's Government that the 
 interests of commerce imperatively required it to maintain 
 the right of unrestricted intercourse with that part of the 
 coast of western Africa extending between 5? 12' and the 
 8th degree south latitude." 
 
 We wiU now proceed to discuss the new interpretation of 
 the treaties, and see what are the results to be deduced 
 from them, both in their letter and spirit. 
 
 The new interpretation given to the treaties was adopted 
 by the British Government without being preceded by any 
 preliminary discussion with the Portuguese Government 
 such as justice would have demanded in a similar case. 
 
48 
 
 for it cannot be conceded that one of the contracting par- 
 ties has the right individually, and without the concur- 
 rence of the other, to interpret the stipulations of such 
 treaties ; if such were the case these instruments would 
 become perfectly useless, or useful only to the strongest 
 party. 
 
 If before proceeding in this way, the British Government 
 had frankly and deliberately discussed the question with 
 the Portuguese Government, it would have found that the 
 new interpretation sought to be given it could not be 
 justifiably maintained, because it was contradictory to the 
 British Government's own acts; and it would also have found 
 that the Portuguese Government neither could nor can 
 accept such an interpretation, as it is diametrically opposed to 
 the letter and spirit of the articles of the Treaty of Alliance 
 of 1810, and to the text of the additional convention of 
 1817, as well as to an article of the constitutional charter of 
 the Portuguese Monarchy, and also to the manner in which 
 the stipulations of the convention relative to the coast of 
 Africa in question, were during so long a time understood. 
 
 We will now more particularly examine that part of Lord 
 Clarendon's note to Count Lavradio, of the 26th November 
 1853, in which he says, referring to the part of the West 
 Coast of Africa included between 5? 12' and the 8th degree 
 south latitude, " that the rights which Portugal acquired by 
 priority of discovery at the end of the fifteenth century, have 
 been suffered to lapse owing to the Portuguese Government 
 having failed to occupy the countries thus discovered." 
 
 As the history of the Portuguese Colonies in this part of 
 Africa is little known, there being only a few books in 
 existence which contain any information on the subject, it 
 is not surprising that the noble Earl should have had no 
 knowledge of the existence of facts contrary to his assertion, 
 facts which prove that Portugal never allowed the rights 
 she acquired by priority of discovery to that part of the 
 
49 
 
 African coast to lapse ; as may be seen from the contents of 
 Chapter I. of this memorial, which it would therefore be 
 superfluous to refer to here. 
 
 It has already been shown that the obligation contracted 
 in Article X. of the Treaty of Alliance of the 22nd February 
 1810 with England, respecting the territories of Cabinda 
 and Molembo, was identical with that contracted by France 
 with Portugal in the convention of the 30th January 1786, 
 that is, the recognition of the rights of Portugal to Cabinda 
 and other parts of the sea coast to the south, as forming 
 part of the kingdom of Angola. 
 
 Let us now examine the stipulations of the Convention 
 of 28th July 1817, which throw a light on the correspond- 
 ing stipulations of the Treaties of 1810 and 1815. In the 
 Treaties of 1810, 1815 and 1817, Portugal declared she re- 
 served her rights over a certain part of the African sea- 
 board. 
 
 Great Britain accepted this declaration, and as her am- 
 bassador did not question it, and the treaty was ratified by 
 the British Government, it is a natural consequence that this 
 Government approved the reservation ; and in approving it 
 recognised the rights of the Crown of Portugal, as we now 
 proceed to show. 
 
 The terms in which this reservation is expressed in the 
 last of the above treaties, are as follows : " The territories 
 over which His Most Faithful Majesty declared he reserved 
 his rights ; viz., the territories of Molembo and Cabinda : " 
 and in the English text thus : " Those territories over wliich 
 His Most Faithful Majesty has retained his rights, namely 
 Molembo and Cabinda." 
 
 In order to be fully able to understand the end which the 
 Portuguese Government had in view in making this declara- 
 tion, which was accepted by the English Government, and 
 what the results, deducible by sound and natural logic 
 rom the declaration and its acceptance were, we must 
 
 D 
 
50 
 
 examine the meaning in the English language, of the verb 
 " to retain," and in the Portuguese, the verb " reservar." 
 
 On opening a Webster's Dictionary we find that the 
 equivalent of the verb " to retain," is, " to hold or keep in 
 possession " — " not to lose or part with " — " to keep back " : 
 that it is derived from the Latin verb " retineo," and that 
 it corresponds to the French verb " retcnir," to the Italian 
 "retinere," and to the Spanish "retener." 
 
 The meaning of this verb in Portuguese, according to 
 Vieira's Dictionary, is as follows : " reter " (to retain) , 
 "guardar" (to keep), "conservar" (to conserve), "preservar" 
 (to preserve), — " reservar uma cousa que pertencia ja a quem 
 a reserva " — (to retain anything already belonging to ilie 
 person retaining it). 
 
 And note well that in the Portuguese text of the treaty 
 of 1817, the verb — " to retain " — is translated by the verb 
 — " reservar," — and that the phrases — " to hold or keep in 
 possession " — and — " not to lose or part with," — are exactly 
 parallel with — " reservar uma cousa," — etc., as above given. 
 
 Moreover, when any party to (or grantor of) a public 
 instrument declares that he reserves his rights over a 
 determined thing, and the other party (or grantee) not 
 only does not dispute such right, but signs the instrument 
 itself, it is evident he recognises the right declared by the 
 other as belonging to him, and it is therefore clear that 
 whatever was stipulated in the said instrument could not 
 with any amount of justice be disputed thirty-six years 
 after its date, for if such a doctrine were admitted, there 
 would be no stipulation that could be considered sure, be- 
 cause the most powerful of the contracting parties would 
 always find means of giving such an interpretation to the 
 most solemn of acts as seemed best suited to his own interests. 
 
 Further, this declaration — this reservation, — which was 
 stipulated in three successive treaties made within seven 
 years, certainly had some signification to the contracting 
 
51 
 
 parties, else it would have been useless, and as such unfit to 
 be inserted in these treaties. Now this signification is to be 
 found in the words used in the Treaty of 1817, which are 
 the verb — " reservar " — in the Portuguese text, and the verb 
 — "to retain " — in the English text. 
 
 Thus it is evident that the ancient right, and therefore 
 one not conferred by the treaty, but simply recorded in it, 
 — that of retaining, of preserving, of not losing ( — " not to 
 lose or part with " — ) which the Crown of Portugal had over 
 that part of the African coast, was recognised by England in 
 the treaty ; and this stipulation, from the fact of its having 
 been made and recognised, precluded England from after- 
 wards raising any question respecting that coast. The Por- 
 tuguese Government never doubted that this was the signi- 
 fication conveyed to the British Government by the above 
 stipulation of the treaty. 
 
 CHAPTER VI. 
 
 THE OBJECTIONS OF THE BKITISH GOVERNMENT. 
 
 The motives which might justify England in representing 
 against the occupation of the port of Ambriz by an armed 
 Portuguese force, appear to be confined to three kinds. 
 
 1st. To an attack on any sovereign rights that Great 
 Britain may consider she has to the territory of Ambriz. 
 
 2nd. To any injuries a Portuguese occupation might in- 
 flict on the interests of English subjects residing there. 
 
 8rd. To facilities offered for the increase of the slave 
 trade, which has never ceased to be carried on in that port. 
 . As regards the first : England has never up to the present 
 time claimed any rights of sovereignty over the said terri- 
 tory, neither could she do so in the face of the treaties she 
 celebrated with Portugal in 1810, 1815, and 1817. 
 
 As regards the second : the English Government has de- 
 
 d2 
 
52 
 
 clared to His Most Faithful Majesty's Govemraent that it 
 wishes to maintain " a free and unrestricted intercourse," 
 between British subjects and that part of the coast. 
 
 It is therefore necessary to inquire the true state of 
 relationship existing between EngHsh traders, and other 
 Europeans and Americans in the poi-t of Ambriz ; and also 
 as to the measures taken by the Portuguese authorities in 
 the act of occupation, and the further ones that must be 
 taken for the future regulation of this subject. 
 
 Persons trading with the port of Ambriz have hitherto 
 been subject to various extortions and charges, among them 
 to the following : 
 
 1st. They have been obliged to make presents to the 
 petty kings or chief negroes of the country, the amounts of 
 which depended on the caprice of these petty kings. 
 
 2nd. They have had to pay duties, there called '* Costumes" 
 for every vessel discharging goods in the said port, the 
 amount of these " Oosturties " also depending on the caprice 
 of the petty kings. 
 
 8rd. They paid tribute extraordinary to these petty kings 
 whenever pretexts presented themselves, one of the most 
 frequent being the entrance of any ship of war into the 
 port of Ambriz. 
 
 4th. The petty kings would not allow them to constnict 
 any kind of dwelling, other than huts made of boards, straw 
 and mats. 
 
 5th. They were subject to robberies, sometimes committed 
 by order of the petty kings, as happened recently. 
 
 6th. They at times suffered personal violence, as well as 
 other annoyances of various kinds. 
 
 7th. They were obliged to employ the chiefs of the 
 country or their dependents, in any dealings of sale or pur- 
 chase they had with the negroes of the interior, not being 
 permitted to trade direct with the latter. 
 
 These negi'oes from the interior who brought down goods 
 
53 
 
 for sale to the factors at Ambriz, were obliged to halt at 
 particular spots distant from the port, and there deliver the 
 goods to certain negro subjects of the chiefs, a species of 
 brokers called in the country " Linguisteres" for these to 
 sell the same to the factors. 
 
 The amount of goods of different kinds to be presented 
 to the chiefs and their headmen for permission to trade, 
 was also determined there, and was generally equal to five 
 or six per cent, of the value of the goods sold; and when the 
 transaction was in slaves the value of these presents or dash 
 rose to eight or nine per cent. But this was not all ; for 
 when the chiefs required tribute extraordinary, which the 
 factors declined to pay, these were accused of some imaginary 
 crime, which was called " Caballa," and fines were exacted 
 for these supposed crimes ; and if these fines were not paid, 
 the natives assembled to the number of hundreds, and with 
 great shouting and threats of firing the factories, finally ob- 
 tained what they demanded, the value of the fines some- 
 times amounting to two hundred milreis (about £44). 
 
 Such was the mode in which lawful trade was carried on 
 in Ambriz between the Europeans and the natives, and this 
 certainly cannot be called "free and unrestricted intercourse." 
 Such a thing did not exist there. 
 
 It appears that at the time the occupation of Ambriz was 
 effected by the Portuguese forces, there were eleven factories 
 there, of which six were Portuguese, two English, two 
 American, and one French. That one of the Portuguese was 
 the most important of all ; after this the two American ones 
 combined, and lastly the EngKsh combined. 
 
 The Governor-General of Angola, in the act of occupation 
 of Ambriz, offered soldiers to the foreign traders, English 
 and others, to protect their factories against attacks, and 
 attempts at incendiarism by the negroes of the country, 
 who had actually burnt some of the Portuguese factories ; 
 and these traders accepted the GoveiT.' "'=• '^^'fr. 
 
54 
 
 The last-named official published a warrant there dated 
 the 26th May 1855, which may be found in the Official 
 Bulletin of Angola, of the 2nd June, and which says : — "Ai-t. 
 1st. Ambriz will be considered as a free port for the foreign 
 commerce of all nations, during one year from the 16th of 
 May of the current year 1855." During the year refen-ed 
 to, merchandise imported and goods shipped from there 
 in foreign vessels, shall pay no duties of any kind, neither 
 shall the foreign vessels carrying such merchandise and 
 goods, be subject to any impost whatever. 
 
 And the Portuguese Government, being desirous of giving 
 the traders of all nations having relations with that port, 
 sufficient time to act according to their several interests, 
 ordered the Governor-General to notify in the Official 
 Bulletin of that colony, that the term of one year, after the 
 expiry of which, imports and exports might be subject to 
 certain duties, was to be reckoned from the date on which 
 such resolution should be published, in Lisbon, in the Go- 
 vernment Gazette. (" Diario do Governo.") 
 
 It was therefore only after the occupation of that port by 
 the Portuguese, that commercial intercourse was rendered 
 free and unrestricted ; in point of fact this had not been the 
 case previously. 
 
 Respecting what the Portuguese Government has to do 
 in future in this matter, there can be no manner of doubt, 
 since it is certain that all the important ports of the 
 Portuguese colonies have of late years been open to foreign 
 commerce. Ambriz will therefore be open to all flags without 
 any exception, and traders and their prope'rty will find them- 
 selves free from all those annoyances which they have hitherto 
 been subject to ; they may build houses, cultivate land, and 
 do everything else that is permitted by civilised nations. 
 
 Hence the result will be, that the security of persons and 
 property will bring a considerable increase of people and 
 goods to Ambriz ; transactions will increase, and with this 
 
55 
 
 augmentation the commercial interests of both Portuguese 
 and foreigners will increase in that port. Therefore British 
 subjects will benefit by the Portuguese occupation, in 
 proportion to the capital they employ, and in this way, 
 free and unrestricted intercourse will be effectively estab- 
 lished in that port, both for English and other traders of 
 all nations, which is what the British Government claims 
 to require. 
 
 As regards the third kind : We think that in order to esti- 
 mate the influence Portuguese occupation ought to exercise 
 in Ambriz, on the increase or decrease of the slave trade, it is 
 first necessary to see what the real state of afiairs has been 
 of late years in that port, with respect to the said trade. 
 
 Since the decree of the 10th December 1886 came into 
 force, which abolished slave trade throughout the Portu- 
 guese Colonies, the traders of different nations who bought 
 slaves at Angola began to transfer their dealings to the 
 northern ports, and Ambriz has become one of the principal 
 slave markets. 
 
 The Commander of the British naval station on the west 
 coast of Africa informed the provisional Governor of Angola, 
 on the 23rd August 1843, that, having been in Ambriz he had 
 received positive information that there were three or four 
 barracoons full of slaves situated five or six miles towards 
 the interior of that bay waiting transport, and he said that 
 there were some Portuguese residing there, from Loanda, 
 who bought slaves, and that the slave traders had left the 
 immediate territory of Angola, and gone to other places in 
 its vicinity. 
 
 This information of the Commander of the naval station 
 proves two things — first, that the traffic was active and had 
 increased in Ambriz, where there was no Portuguese 
 authority ; and second, that it had diminished in the 
 territory subject to the immediate action of Portuguese 
 authority. 
 
56 
 
 In 1845, a Portuguese cruiser captured the English brig 
 " Lady Sale " in the port of Ambriz, which brig was con- 
 demned as a slaver by the mixed Commission at Loanda. 
 
 In 1848, the Commander of the Portuguese naval station 
 of Angola, at the request of the British Commissioners of 
 the respective naval station, went to Ambriz, where he 
 landed and burned various barracoons, in which shackles 
 and other articles used in the slave trade were found ; in 
 one of them, situated two miles from Ambriz, some slaves 
 were found secured by chains ; and again further towards 
 the interior of the country, there were yet other ban-acoons, 
 which he destroyed. 
 
 A printed letter, sent on the 19th January 1853, to Lord 
 Palmerston, by Captain Wilmot of the Royal British Navy, 
 who was then in command of the West African cruisers, 
 in which he speaks of the traders established at the ports of 
 this coast, continues as follows : — 
 
 "It is they who indirectly foster the slave trade, 
 the American, like the Englishman, supplies such goods as 
 the negro chief requires when he sells his slaves, and 
 although the trade in ivory, &c., in Ambriz and other places 
 is large, it cannot be disguised that the white man estab- 
 lished in this country, is in favour of the trade, and does not 
 attempt to open his mouth even when slaves are embarked 
 under his eyes ; and in point of fact the more active the 
 trade in slaves is, the more profit he derives, because the 
 money paid for the slaves reverts to his factory, in exchange 
 for goods of all kinds." 
 
 He also says that the slave trade is exercised on a large 
 scale on this coast under the American flag. 
 
 The British Commissioners of the Loanda Mixed Com- 
 mission wrote to Lord Clarendon on the 26th December 
 1853 that— 
 
 " Few British merchants have hitherto gone to Ambriz to 
 carry on lawful traffic. We are informed that the natives of 
 
67 
 
 that place do not find it to their interest to engage in lawful 
 trade of any kind, and it is much to be feared that so long as 
 slave traders find that they can collect their living freights 
 ready for shipment with impunity, aided and defended by the 
 local chiefs as they now are, the said chiefs having hitherto re- 
 sisted all attempts made to induce them to pursue a diflferent 
 line of conduct, it will be a matter of the utmost difiiculty 
 to entirely root out the slave trade in that place, especially 
 while a flag exists which will cover their inhuman opera- 
 tions, as that of the United States now does." 
 
 In April 1854 Her Britannic Majesty's Minister at Lisbon 
 sent the Portuguese Government a list of the names of in- 
 dividuals engaged in the slave trade, in which list the places 
 where they carried on their trade were specified, one of 
 these places being Ambriz. 
 
 And latterly, when the port was occupied, the Governor- 
 General of Angola found some barracoons there, and slaves 
 intended for shipment. From these particulars, the greater 
 number of which were given by British functionaries, it 
 results that the slave trade, harassed by the authorities at 
 Angola, increased at the port of Ambriz and other ports to 
 the north; that it was exercised at Ambriz on a large scale; 
 that the English and other traders established there, favored 
 the trade, because they profited in proportion to its growth ; 
 that one of those traders even assisted to carry it on by in- 
 directly employing his own vessel in it ; and that the Ameri- 
 can fiag protects these transactions. 
 
 It is therefore evident, that while such a state of things 
 as existed before the Portuguese occupation lasted, there 
 were no means of stopping or even checking the slave trade 
 at that port, because the cruisers could only be occasionally 
 stationed there, and because they were not permitted to 
 visit vessels carrying the American flag. 
 
 In view of these circumstances, the Portuguese Govern- 
 ment holds the conviction that one of the most effectual 
 
58 
 
 means, perhaps the only one, of impeding the slave trade at 
 the port of Ambriz, consists in establishing responsible 
 authorities there, assisted by a certain police force ; who 
 while giving all protection to lawful trade, will be a great 
 obstacle to the trade in slaves. 
 
 Therefore if Portugal now abandoned that port, the trade 
 would receive a new impetus, and the merchants, English 
 and others, who have factories there, would derive new 
 profits from the trade. 
 
 These then are the persons who most desire that there 
 should be no authorities or Portuguese forces in that port. 
 They perhaps complain that by an occupation their trade 
 would suffer, and they probably speak the truth as regards 
 the profits derived from the slave trade. But such com- 
 plaints deserve just as little attention as those of a slaver 
 would, who was being prevented from shipping a cargo of 
 slaves on board his vessel, already prepared and in port 
 for that purpose. 
 
 The extinction of the slave trade at Ambriz, which of 
 late years has been one of the principal markets of Western 
 Africa, is an object of the greatest importance to the pros- 
 perity of the province of Angola; because that market, 
 while it is open, maintains the propensity for that contra- 
 band there, and consequently diverts the attention and 
 capital of traders, which would otherwise be employed in 
 lawful dealings. 
 
 Thus, as the English and Portuguese cruisers cannot put 
 down the trade in Ambriz, because it is carried on by vessels 
 protected up to a particular point by the American flag, it 
 follows that the permanent occupation of the port, by a Por- 
 tuguese force, is necessary to the industrial development of 
 the province of Angola. 
 
CHAPTER VII. 
 
 THE OCCUPATION OF AMBRIZ IN 1855. PROCEEDINGS OF 
 THE PORTUGUESE AUTHORITIES, CORRESPONDENCE OF 
 THE ENGLISH NAVAL COMMANDERS. SLAVE TRADE. LAW- 
 FUL COMMERCE. CONCLUSION. 
 
 The Portuguese Government, in ordering the occupation 
 
 of the port of Ambriz, had the following motives in view : 
 
 1st. That of punishing the chief of the country for the 
 
 insults and robberies offered to and committed on 
 
 Portuguese property, and for the insolence with 
 
 which he treated the notices and warnings of the 
 
 Governor-General of Angola. 
 
 2nd. That of putting an end to the slave trade, which 
 
 has been carried on at that port on a large scale. 
 3rd. That of protecting and promoting lawful commerce. 
 4th. That of exercising the right of sovereignty which 
 
 the Portuguese Crown has over that territory. 
 1st Motive : The punishment of the offences committed 
 by the chief, was not only an act of utility to the Portuguese 
 traders, it was likewise so to the English and other traders, 
 who suffered by his insults and robberies, as for instance in the 
 month of November 1849, when the negroes of Ambriz burnt 
 two barracoons, with the merchandise contained in them, 
 belonging to a Liverpool house, whose loss, according to the 
 advices of the British Consul at Lisbon to the Minister of 
 Foreign Affairs in February 1850, was estimated at £10,000 
 sterling ; and as happened also even so recently as the month 
 of March of the present year, when the chief took away 
 the factors' servants, with whom they were quite con- 
 tented, and obliged them to take others in whom they could 
 place no confidence ; the result of which act of violence 
 
60 
 
 being in addition to other excesses, that ninety-nine barrels 
 of gunpowder were stolen from an English factory. 
 
 In order to bring the chief to reason for this latter out- 
 rage, the Commandant of the Portuguese naval station, with 
 the commanders of the American corvette " Dale " and the 
 English brig "Linnet" went to parley with, and admonish 
 him. This however produced no satisfactory result. 
 
 All that is stated in the foregoing is shown in the despatch 
 of the 20th March last, from the Commander of the Portuguese 
 naval station, in which he points out the necessity of inflict- 
 ing exemplary punishment on the chief, for those and other 
 outrages and robberies committed by him, during late 
 years 
 
 Other warnings were given to the said chief by the 
 Governor-General of Angola without any result ; and things 
 at last came to such a pass that some officers of the Royal 
 Portuguese Navy, who had gone officially to the residence 
 of the chief, were insulted. 
 
 Besides these offences, various others had been committed 
 by the same person, on the Portuguese residing at Ambriz, 
 the destruction of a house belonging to one of them, being 
 still quite a recent event. 
 
 The Portuguese Government having consulted the Colonial 
 Council on this subject, and agreed with their opinion, 
 ordered the Governor-General of Angola to proceed without 
 delay, to the reassertion of the ancient authority of the 
 Portuguese Crown, over that part of the coast and the 
 adjacent country. 
 
 Governor-General Coelho do Amaral, in fulfilment of the 
 order received, embarked on the 11th May of the current 
 year at Angola, with such troops as he thought necessary, on 
 board the frigate " D Fernando " and other vessels, under 
 the orders of Captain Rodovalho, Commander of the naval 
 station, and sailed for his destination, where he arrived on 
 the following day. 
 
61 
 
 In order to be able to judge of the manner in which this 
 occupation was carried into effect, we append the following 
 extract from a despatch, which the Governor-General ad- 
 dressed to the Minister for Marine and Colonies, dated 
 Ambriz, 21st May 1855 : — 
 
 " On the 15th, I landed at Ambriz with the Commander 
 of the naval station and fifty marines. 
 
 " The factors wished to retreat for fear of the blacks. I 
 succeeded in pacifying them. 
 
 " The blacks gave some war-whoops at a great distance, 
 "16th. The blacks came to trade according to custom, but 
 showed signs of being much enraged. I wrote to the chief. 
 
 " 17th. I received an answer from the chief couched in an 
 ironical tone. I again wrote to the chief. 
 
 " 18th. The blacks appeared in considerable force and 
 assumed a warlike attitude. 
 
 " They kept at a distance, but some of them without 
 being observed, succeeded in approaching three houses which 
 were beyond our line, and set fire to them. As all houses 
 here are built of square planking, lined with mats and 
 thatched with straw, it was impossible to cut off' the fire, 
 though the armed forces started to do so ; at sight of this 
 all the negro forces retired. 
 
 " At night fire appeared in another factory. 
 " The loss from these fires was but small, as the owners 
 had been careful to save the best (goods) and of the rest 
 the troops were able to save a part. 
 
 " Having requested the English and American houses, estab- 
 lished here, not to barter gunpowder with the natives at this 
 particular time, I was answered by a polite negative. The 
 manager of the French house established here at once oflfered 
 his services. I repaid their refusal by an offer to protect 
 their houses with the troops, so that the blacks might not 
 come and fire them by mistake. They accepted this offer, 
 and thanked me much. 
 
62 
 
 " The houses burnt were Portuguese factories," 
 
 From the above extract it will be seen how those Portu- 
 guese and foreign traders, who were residing at Ambriz at 
 the time of the landing of the expedition, were treated ; it 
 being certain that the troops landed without opposition ; 
 that the Governor-General offered soldiers to the factors for 
 the protection of their huts, an offer which they accepted : 
 and that some of them continued to supply powder to the 
 negroes, who were in arms against the Portuguese, in spite 
 of the Governor- General's request. 
 
 It therefore appears clear that these factors ought to have 
 experienced a feeling of gratitude towards the Governor- 
 General, for the attention he showed them, and for the 
 safety their persons and property would enjoy from the extor- 
 tions and robberies of the blacks; and for the assurance 
 that they could henceforth transact their commercial deal- 
 ings with perfect freedom. 
 
 If any destruction of property took place there, it was 
 caused by negro rebels, to houses and goods belonging to 
 Portuguese subjects. 
 
 2nd Motive : It has been already shown in the preceding 
 chapter, how that the slave trade was conducted on a large 
 scale at the port of Ambriz, and that the only means of sup- 
 pressing it, consisted in occupying that place with Portu- 
 guese forces. 
 
 We have previously said that the Governor-General on 
 his arrival, found various barracoons there, with slaves 
 intended for shipment. The number of these exceeded 
 150. And it is remarkable that no one came forward 
 to claim those slaves from the Governor-General. All 
 of them were at once set free according to the law ; some 
 being sent to Loanda, and the others remaining at Ambriz 
 to work on the fortifications which were being made there ; 
 and it is shown by a despatch from the same functionary, 
 that three months after their liberation, not one of those 
 
63 
 
 set at liberty had run away, notwithstanding their being 
 perfectly free ; which is a proof that they were well treated. 
 
 The Governor -General of Angola, in the instructions he 
 issued to the official who acted as governor at Ambriz, dated 
 21st June, says — " § 17th. The governor is recommended 
 to use every means to suppress all attempts made to con- 
 tinue the trade. The known intelligence and recognised zeal 
 of the Governor, convince me that His Majesty's decisive 
 orders on this subject will be punctually executed." 
 
 And the occupation of this port was urgently required in 
 order to put a stop to the slave trade, for this has increased 
 considerably of late years, as may be inferred from the fact 
 of 11,400 African slaves having been landed in the island of 
 Cuba, during the year 1854, as may be seen from the con- 
 tents of documents presented to the British Parliament in 
 1855.* 
 
 The complete extinction of the state of slavery, through- 
 out the territory of Ambriz, must also follow this occupation, 
 the Colonial Council having already given their opinion to 
 Government to this effect, on the 25th September last. 
 Subsequently, the same treatment will be extended to all 
 our territories, as far as Molembo. 
 
 3rd Motive : Protection to lawful commerce. In the pre- 
 viously mentioned notes of Mr. Southern, Lord Palmerston, 
 and the Earl of Clarendon, it is stated that in the interests 
 of English commerce the British Government claims to 
 maintain the right, which it says it possesses, of an uninter- 
 rupted intercourse with this portion of the coast. 
 
 The Portuguese Government having in the convention 
 made with the French Government in 1786, stipulated that 
 trade should be free in those ports of the coast situated 
 north of Cape do Padrao (of the Pillar), and having also in 
 1791 declared to the British Minister at Lisbon that the 
 
 ** "Anti-Slavery Eeporter," Nov. 1855. 
 
64 
 
 trade of British subjects should not be impeded at the port 
 of Ambriz ; and also caused an order to be issued to the 
 Governor-General of Angola in 1838, to the effect that 
 when the occupation of the various ports of that coast, 
 ordered by the Government, was effected, he should grant 
 full protection to the foreign commerce of all nations which 
 should be permanently allowed there ; and the Governor- 
 General of Angola having in the act of recent occupation 
 of Ambriz, proclaimed this same freedom of commerce to all 
 nations, by order of the Government, as may be seen from 
 the articles presently given, contained in the instructions 
 which he left with the official placed in charge of the 
 Governorship there ; thus it follows that there can be no 
 question on this point, as it has already been resolved 
 in accordance with the wishes of the British Govern- 
 ment. The principle being thus established, the mode 
 of regulating its execution, when there shall be Portu- 
 guese authorities actually in the ports, cannot give rise to 
 difficulties between the Governments of Portugal and 
 England. 
 
 The occupation of Ambriz may be distasteful to one 
 or two English or American houses, who were making 
 rapid and considerable profits, the more considerable the 
 greater the activity of the trade, by selling their goods 
 to the traders. But it will certainly be a great boon to 
 England and the United States, because it will tend to 
 diminish the trade, and consequently lessen the necessity for 
 maintaining a number of cruisers, and the corresponding 
 cost incurred with them ; and it will also tend to secure 
 lawful trading, on the part of all the merchants of the above 
 nations. 
 
 The instructions of the Governor-General above cited, 
 contain the following : — 
 
 " § 14th. Free trade to all flags as it formerly existed, that 
 is to say, ships now only paying the Portuguese authorities 
 
65 
 
 what they formerly paid the chief, under the title of 'Cos- 
 tumes ' ; a payment which is to be made without appeal, 
 until H.M. Government can issue regulations on the subject." 
 
 By a warrant published in the Official Bulletin of the 26th 
 May, the term of a year is given for this exemption. 
 
 These measures of the Governor-General were approved by 
 the Government which proposed them, and which also ordered 
 that the term of one year, should be reckoned from the date 
 of the publication of the decree, which alters this resolution, 
 in the Official Gazette at Lisbon. Nothing could certainly 
 be more correct or more loyal than this mode of proceeding. 
 
 4th Motive : The exercise of sovereignty over the territories 
 in question, became an act of duty on the part of the Portu- 
 guese Government, from the moment that the British 
 Government, by giving a new interpretation to the treaties, 
 pretended it had not according to these, acknowledged the 
 rights of the Crown of Portugal to those territories ; for it 
 might have been inferred that Portugal accepted the new 
 interpretation, and abandoned rights, which had been held 
 by the Crown for three centuries. Therefore, if this act had 
 not been done, the Portuguese Government would have been 
 guilty of a most serious omission of duty, both towards the 
 nation, and towards the king. 
 
 And if this act of sovereignty was not carried into effect 
 immediately the British Government presented this new 
 interpretation to the Portuguese Government in 1 846, it was 
 undoubtedly owing to the fact that at the time this com- 
 munication was made, the civil war, which only terminated 
 in 1847, was raging with great violence ; and that in the 
 succeeding years political security did not exist to an extent 
 necessary for the adoption of adequate measures. 
 
 The Government, having decided to effect the occupation 
 of some points on the said coast, had no need to consult any 
 foreign Government respecting such decision, because, to sub- 
 mit an act of legitimate exercise of the Crown of Portugal's 
 
 E 
 
66 
 
 right, to such an approval, would have been to acki^owledge 
 that it held some doubt respecting the right. 
 
 The English Government, by stating in 1846, and after- 
 wards repeating that they did not recognise the right of 
 Portugal to that part of the coast, never claimed any right 
 of jurisdiction over it, neither ever even informed the Por- 
 tuguese Government that they intended to dispute the 
 right of the Crown to occupy that part of the coast, if it 
 proved convenient to do so. Rather the contrary of this is 
 deducible from the argument which the Earl of Clarendon 
 made use of in his note of the 26th November 1853, wherein 
 he said that Portugal had allowed the rights which she pos- 
 sessed, from priority of discovery of that part of the coast, to 
 lapse, by reason of her not having occupied it. 
 
 Thus the logical deduction from this assertion is, that in 
 the opinion of this Minister of State, so soon as Portugal 
 made occupation an effective act, her ancient right would 
 return ; saving always the condition whereby free and un- 
 restricted commercial intercourse was to be secured to 
 British subjects with the natives of that coast. 
 
 If the English Government were to dispute Portugal's right 
 to effectively occupy certain points of the coast, over which 
 she had reserved her rights, without the former's consent 
 previously obtained, such would be an unjust pretension, and 
 contrary to the practice constantly followed by maritime 
 nations, even of late years, in regard to lands inhabited by 
 savage races ; a practice of which we have had numerous 
 examples in the course of the present century, even on the 
 coast of Africa itself, as the following facts will show : 
 
 The Americans took possession of an extensive portion of 
 the coast to the north of Cape Palmas, and there founded 
 the colonies of Liberia and New Maryland. 
 
 The French established a fortified factory at Sed'hiou, on 
 the banks of the river Casamansa, in Guinea, between the 
 English and Portug'uese colonies; they took possession of 
 
67 
 
 the ports of Bassam and Assinie on the the coast of Mina 
 (Africa) ; and south of the Equator, of the large port of 
 Gaboon, near Cape Lopo Gon9alves, the ancient limit of the 
 Portuguese possessions. With these acquisitions other im- 
 portant ones were made, such as Argel, the island of Mayota 
 in the Mozambique Channel, the Marchioness Isles, Tahiti, 
 and the large island of New Caledonia. 
 
 The Spaniards have taken possession, during the last 
 seven years, of the Balanguingui and Jolo islands, in the 
 Philippine Archipelago, by force of arms. 
 
 The Dutch have continued their conquests in the Great 
 Indian Archipelago. 
 
 As regards the English, it would be very difficult to enu- 
 merate precisely the immense acquisitions they have made 
 since 1815. It will be sufficient to mention those acquired 
 in the vast continent of New Holland, and the large isla,nd 
 of New Zealand, the greater part of the Birman Empire, the 
 Punjaub, Scinde, Berar, Aden, Singapore, Hong Kong, 
 Labuan and other places ; while in Africa, since the acquisi- 
 tion of the Cape of Good Hope, they have occupied and 
 colonised Natal within the last twenty years, and in 1848 
 they extended the Cape Colony much beyond its original 
 limits, by the annexation of vast territories situate north 
 of the Orange and Vaal rivers. 
 
 Assuredly neither the Americans nor the French, neither 
 the English, the Spanish, nor the Dutch, when they decided 
 to occupy the above and other places, asked permission of 
 any foreign Government so to do. Similarly, the Portuguese 
 Government neither could, nor should, have asked for such 
 permission. 
 
 Two acts of the British Government will tend still fur- 
 ther to show, that to be consistent with itself, it cannot 
 dispute the occupation of Ambriz by Portugal, 
 
 1st Act : The Falkland Islands, in the South Atlantic, 
 havingbeen discovered by English navigators in the sixteenth 
 
 E 2 
 
68 
 
 century, were nevertheless not permanently occupied by the 
 English for upwards of two hundred years ; they were how- 
 ever occupied by Spaniards. In the meantime the British 
 Government, alleging the right of discovery, took possession 
 of them in 1832, and founded a colony there, although the 
 Argentine Republic had an establishment there, dependent 
 on it, and its Government made representations on the sub- 
 ject."^ 
 
 2nd Act : The island of Bulama, situated close to the coast 
 of Guinea, at the entrance to the Gulf of the Rio Grande, 
 and at a short distance from the Portuguese port of Bissau, 
 of which it was considered a dependency because the in- 
 habitants of this establishment had their tilled lands there, 
 and had, from remote times, cut wood there for account of 
 the Portuguese Government, was, some sixty years back oc- 
 cupied in part by a small colony, founded by a company of 
 adventurers, which was formed in England. But the 
 colonists, attacked by the fevers of the country and by the 
 negroes of the neighbouring lands, became dispersed within 
 a short time, and abandoned the island.f 
 
 "With respect to the island, which was actually under 
 Portuguese dominion, the British Government a few years 
 ago, commenced raising claims, founded on the right said to 
 have been derived from that temporary occupation ; and the 
 Portuguese Government contested its claim on the ground 
 that the island had been discovered by the Portuguese, and 
 that these were its earliest possessors. In the meantime, 
 the British Government informed the French Government, 
 under date the 30th September, 1853,J that it had taken 
 formal possession of the said island. 
 
 The British Government sought to justify its action of 
 
 * Montgomery Martin. — " History of the British Possessions." 
 f Idem. Idem. 
 
 X Correspondence — Slave Trade — Class B — 1854. 
 
69 
 
 taking possession of the Falkland Islands, by founding it 
 on the right of priority of discovery, made two centuries 
 before ; and in taking possession of the island of Bulama it 
 endeavoured to justify the proceeding by founding it on the 
 circumstance, alleged but not proved, that the island had 
 been bought by certain British subjects from certain chiefs 
 of the place, and also that there were English colonists 
 established in the island. 
 
 Portugal discovered the port of Ambriz in the fifteenth cen- 
 tury, conquered the country by arms, and occupied it towards 
 the end of the eighteenth century by means of a fortress. The 
 two distinct rights with respect to this territory are there- 
 fore here united : one only of which was deemed sufficient 
 by England for her taking possession of the Falkland 
 islands ; and the other for declaring herself sovereign of the 
 island of Bulama, in spite of the claim put forward by the 
 Portuguese Government, But, even in addition to these 
 two rights, Portugal possesses a third one, just mentioned — 
 viz., that of the petty king or sovereign of the country, the 
 Marquis of Mossulo, having in the year 1792, sent expressly 
 to the city of Loanda, to render homage and swear vas- 
 salage to the Portuguese Grown. 
 
 The necessity which the Portuguese Government was in 
 of exercising an act of sovereignty over the coast in ques- 
 tion, also arose from the Earl of Clarendon's having declared 
 to Count Lavradio in his note of the 26th November 1858, 
 " That he had informed the Lords of the Admiralty that the 
 treaty concluded by Captain Wilmot with the King of 
 Cabinda would be valid, and its due execution enforced." 
 
 To consider as articles of a treaty the contents of a paper 
 on which one of the negro chiefs of Cabinda, who was not 
 even the petty king of the country, had made a cross by 
 way of signature, whether he was in his senses, as Captain 
 Wilmot states, or whether he had previously drunk a large 
 portion of brandy, as the other chiefs assert ; to declare 
 
70 
 
 that act valid which would invalidate the riirhts of the 
 Crown of Portugal to the territory of Cabinda, rendered it 
 urgent for the Portuguese Government to take the necessary 
 measures for the maintenance of those rights. 
 
 As a final proof of the necessity for this act of sovereignty, 
 we wiU here refer to the behaviour of the Commodore of the 
 English naval station. 
 
 After the occupation of Ambriz was efiect^d, the Governor- 
 General returned by way of the land to Loanda. In the 
 beginning of June, Commander Need of the brig of war 
 " Linnet," held a correspondence with him, relative to the 
 said occupation, in which the usual style of mutual courtesy 
 was observed. On the loth August, the ship "Scourge" 
 entered the port of Loanda, with Commodore Adams, chief of 
 the naval station, on board, and on the 17th he addressed two 
 despatches to the Governor-General, relative to the occurrences 
 at Ambriz, in which the following paragraphs appear : — 
 
 1st. " It is my duty to protest in the most solemn manner 
 against your behaviour, and to declare to you that I do not 
 neither shall I recognise Portuguese authority in Ambriz, or 
 in any other part of the coast situated between 5° 12' and 
 the 8th degree south latitude. 
 
 " You did not think it necessary to inform Commander 
 
 Need of your intention to take possession of Ambriz 
 
 In order to state my opinion .... it is sufiicient to say 
 that a person on whose authority I can rely, told me that it 
 had been kept a close secret, and that from beginning to 
 end this matter has been conducted in a clandestine, not to 
 say furtive and undignified manner." 
 
 2nd. The other despatch, in stating that an English mer- 
 chant schooner had been boarded in the port of Ambriz, 
 by the launch of a Portuguese man-of-war, in sight of 
 an English war vessel, continues: "I must express the 
 surprise. I feel that such an open insult should have been 
 practised in the presence of an English man of war, in 
 
71 
 
 waters which England does not recognise neither will 
 recognise as Portuguese ; and I solemnly warn you that 
 the repetition of such an act may decide me to ' pursue 
 measures likely to disturb' the friendly relationship existing 
 between the two countries and the responsibility of such 
 ' will remain on your shoulders.' " 
 
 The Governor-General, after replying to a part of the con- 
 tents of the Commodore's despatch, says : " As regards the 
 opinion you entertain of my conduct in the affair of the 
 occupation of Ambriz, I can only tell you that I am about 
 to submit it to my Government, in the hope that it may 
 consider it right to communicate it to H. B. M. Government, 
 in order that the latter may decide whether it thinks it 
 has been framed in a becoming manner." 
 
 The mode of proceeding of these two functionaries affords 
 a strong contrast, for while Commodore Adams, forgetful of 
 what a gentleman owes to himself, addressed himself in lan- 
 guage both uncoui-teous and insolent to the delegate of a 
 Government allied to England, Governor Amaral returned 
 him a reply full of dignity. 
 
 This functionary deserves praise for the way in which 
 he executed the orders of his Government concerning the 
 above occupation, and Captain Rodovalho also merits the 
 same, for the way in which he carried out the service with 
 which he was entrusted. 
 
 What is written in this memorial proves most convinc- 
 ingly— 
 
 1st. That the Portuguese Government in ordering the 
 occupation of the port of Ambriz acted within the limits of 
 its rights, 
 
 2nd. That the declaration this Government made, that the 
 port would be permanently open to the commerce of all 
 nations, and be free for the space of one year ; also the pro- 
 tection given in the act of occupation to the merchants who 
 were found there, are all measures which ought to satisfy 
 
72 
 
 the wishes manifested by the British Government, with re- 
 spect to the security of English commerce in the said port. 
 
 3rd. That the permanent occupation of that port was the 
 only means of abolishing the slave trade, which up to the 
 moment of the landing of the Portuguese troops, was canied 
 on there to a large extent. 
 
 And now in closing this short work we will express a 
 hope that the British Government on examining the docu- 
 ments bearing on this question with due attention and by 
 the light of the facts, will recognise that the Portuguese 
 Government has acted as it ought to have done in the 
 matter under notice. And to the Ministers forming the 
 Cabinet we will only repeat the words of a statesman, an 
 eminent orator of the British Parliament, which are as 
 follows : 
 
 "In the multiform and complex relations of modern 
 Europe, no statesman can free himself from those interna- 
 tional regulations which are founded on the accumulated 
 experience of ages, and are established especially for 
 the defence of the weak against the dictatorship of the 
 strong."* 
 
 (The paragraph quoted above refers to the behaviour of 
 the English Government towards Greece, in which the cele- 
 brated claims of David Pacifico, a person well known in 
 Lisbon, played a prominent part.) 
 
 » D'Israeli. " Thirty Years of Foreign Policy." London, 1855. 
 
 HKRBEKT J. FITCH, PaiNTEK, 9, ST. MAKY AXB, B.C. 
 
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