turn to this Court to give account of his commission,
aggravated by the crime of having withdrawn himself from the
Empire for England with the frigate _Piranga_, and there remaining
with that frigate, notwithstanding the reiterated orders of the
Imperial Government, for more than two years, pretending that he
had not received the said orders, which at last were ordered to be
communicated to him through the Brazilian Minister resident in
London.
All this is amply proved by different official documents, some of
which documents are from the claimant himself, this justifying the
suspension of the payment of his claims, no less than the crime of
his obstinate disobedience; and, indeed more by the indispensable
obligation by which he was bound to give accounts of the sums
which he received on account of prizes to distribute to the squadron
under his command, which distribution he himself acknowledged in
his letter of the 5th of November, 1825, wherein he says, "I shall
forward to the Imperial Government an account of the money
received from His Imperial Majesty for distribution to the seamen,
as well as other sums to the account of the captors."
Having traced this outline relative to the services and excesses of
Lord Cochrane, the Commission now proceeds to discuss his claims.
First,--His annual pay is 11.520 milreis, which was owing to him
from the 1st of August to the 10th of November 1825, when he left
the service of the Empire. The claimant founds his demand on the
decree of the 21st of March 1823, added to and confirmed on the
27th of July, 1824.
The second decree says,--"I deem fit, by the advice of my
Council of State, to determine that the said Marquis of Maranhao
shall receive, so long as he is in the service of the Empire, the
pay of his patent (11.520 milreis), and in case of his not choosing
to continue therein after the termination of the present war, the
half of the said pay, as a pension, the same being extended, in
case of his death, to Lady Cochrane." The said enactment being
so positive that at the sight thereof, the Commission declares, that
_it cannot do otherwise than confirm the right of the claimant to the
prompt payment of the pension due to him._
In this report there are many inaccuracies. It is stated that when in
Chili I accepted "the Brazilian command during the war of Independence"
o
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