ived, not so easy to effect it.
All the foreign seamen had abandoned the ships in disgust, and to have
shipped Portuguese would have been worse than useless. I wrote to the
Minister of Marine that the squadron could not be manned unless
confidence was restored amongst the men, the shameful proceedings of the
prize court having disinclined them to re-enter the service,--even if
they did, I could not be responsible for order and discipline, or for
the safety of the ships, unless some definite adjustment as to pay and
prize money took place before putting to sea.
In the face of these remonstrances the prize tribunal adopted an openly
hostile course, by altogether denying the right of the squadron to the
prizes taken at Maranham, or the property there seized in the custom
house, and shipped by me on board the _Pombinho_ and another vessel. The
_Pombinho_, as has been said, was declared an illegal prize, and given
up to her Portuguese owner, together with all public property contained
in her, though to this he had not the shadow of a claim, as the whole
cargo belonged originally to others, and had been put on board this
particular ship by my orders for transmission to Rio de Janeiro. Numbers
of similar decisions were made, on the false plea that Maranham
previously formed part of the Brazilian empire, and consequently that
all the seizures effected were invalid!
I remonstrated that, on our arrival at Maranham, the city and province
were, and ever had been, in possession of Portugal--that the Portuguese
had by the ordinary capitulations of war delivered up both to an armed
Brazilian force without question--and that, by a previous decree of the
Emperor, no less than by the customary usages of war, all enemy's
property fell to the captors. The prize court not only overruled the
objection, but condemned me to make restitution of all sums received in
ransom for property taken at Maranham. In one instance the tribunal
declared me deserving of corporal punishment (_pena corporal!_) and
would, had they dared, doubtless have enforced this, and the restitution
to which I was condemned.
As the plunder of prize property was becoming notorious, the tribunal
directed it to be unloaded, in order to prevent the cargoes from being
_damaged!_ but, on the execution of the order it was found that all the
valuable portion had already disappeared! How, of course could not be
ascertained; but no one doubted. The ships themselves were neglecte
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