embers of the Prize Tribunal to their own friends and
relations--this alone constituting the illegality of the captures.
Some--as in the case of the _Pombinho_'s cargo--were given up to persons
who had not the shadow of a claim upon them. The squadron never received
a shilling on their account.
Again, the Commission declares that I was dismissed the service on the
10th of April, 1827; whereas I have given the letter of Gameiro,
dismissing me, on the 7th of November, 1825, and the _portaria_ of the
Imperial Government, dismissing me, on the 30th of December, in the same
year! This renewed dismissal was only a repetition of the former
unjustifiable dismissals, adding nothing to their force, and in no way
alleviating their injustice.
The imputation of "the crime of obstinate disobedience" has been so
fully refuted in this volume, that it is unnecessary to offer another
word of explanation.
Finally, the Commission decided that the "Imperial act of July 27, 1824,
_is so positive that, at the sight thereof, the Commission declares it
cannot do otherwise than confirm the right of the claimant to the prompt
payment of the pension due to him._" But if the Commissioners had
examined this act of His Imperial Majesty more closely, together with
the explanatory letter of Barbosa, accompanying it, they would have seen
that the decree of July 27th, 1824, was not only additive to the
Imperial patents, but admitted _to be confirmatory of them_, by Barbosa
himself, notwithstanding his own spurious decree, nullified by His
Imperial Majesty, but afterwards unjustifiably acted upon. (See page
150.)
If I have any claim at all for the numerous and important services which
I rendered to Brazil, it is founded _on the original patents_ granted to
me by His Imperial Majesty, without limitation as to time, which I
solemnly declare was not even mentioned--much less stipulated--as the
patents themselves prove. The decree awarding me half pay as a pension,
"in case _I did not choose_ to continue in the service," has no
reference to me. I never left the service, but--as even admitted by
Gameiro, in his negotiations with Lieutenant Shepherd--was most
unjustifiably, and by wilful falsehood, _turned out of it_, in order to
rid the administration of my claims on a hundred and twenty ships, and a
vast amount of valuable property captured in lawful warfare, under the
express directions of His Imperial Majesty.
Why also is no compensation awarded
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