by John Marshall

“ The damage done to the rigging and bulwarks of the British squadron is sufficient to justify the assertion; nor can I refrain from remarking, that in almost every instance in which the troops of Don Pedro have become the assailing party, a neutral position has been somehow selected, as if to facilitate their purpose. Whether designedly or not, it is not for me now to decide; but I unhesitatingly assert, that H.M. ships have more or less suffered from the repulsed party availing itself of their neutral position to cover a hasty retreat. ”

“ On the night of the 19th August, the Miguelites on the southern bank of the Douro withdrew their piquets, and the entire force at St. Ovidio marched about nine leagues to the rear of that town. On the 20th, Villa Nova was in possession of the constitutionalists, the Douro was again accessible to vessels of all nations, and people were passing to and fro perfectly unmolested. Don Miguel was then, with the Spanish Infanta Don Carlos, at Coimbra, to which place a field officer was posting with accounts of the demise of the King of Spain. ”

“ Commander Glascock says:–
“The difficulty of communicating by boats in the Douro is almost inconceivable. Be the service of a nature consistent with that line of conduct which a strict and honorable neutrality would prescribe, or be it even in the cause of humanity, both belligerents appear to vie with each other in offering impediments to the prosecution of every measure which may not accord with their respective notions of neutrality. ”

“ Hardly had the fresh beef for the British squadron been brought down to the beach yesterday, by the contractor on the southern side, before some of your soldiers fired at the boat which had been purposely sent to bring it on board the Orestes. On some days your troops appear to conduct themselves with the greatest propriety; on others quite the reverse, taking every opportunity to fire from under cover of rocks and trees at boats passing in the direction of H.B.M. ships. On Saturday last, your Excellency’s piquets conducted themselves in a manner becoming a steady soldiery ”

“ Every facility to convey the hospital stores of Don Pedro, sent from England and from Lisbon, has been afforded to the Duke of Braganza, through the medium of the British squadron; and medical aid, for the last two months, has been daily sent from the Orestes to his hospitals; – but the fact. Sir, is, any officer who observes a strict and honorable neutrality is suspected to be an enemy by the little-minded partizans of Don Pedro. ”

“ Not one iota of truth appears in evidence relative to the statements made respecting H.B.M. ships under my command having fired artillery in the first instance, and musketry some hours subsequent. No artillery had been fired on the occasion alluded to, but a blank cartridge to enforce the signal for a pilot; and the fire of musketry was that which, at stated periods, namely, sunset, sunrise, and at eight o’clock at night, had always before been fired; a practice which will be continued, according to the custom of H.B.M. service, during the stay of the British vessels of war in the Douro. ”

“ This falsehood even surpasses in mischievous malignity the rumour of the Orestes having landed powder for Don Miguel’s service. I demand a public denial of both fabrications from the Government authority; and I call upon you, as his Britannic Majesty’s Consul, to assist me in obtaining this denial.
“Humanity led me even to risk my own men by sending medical aid on board the ‘Red-port’ and ‘Lusitania’ brigs, which received some of the wounded of Don Pedro’s troops. ”

“ On the morning of January 5th, Don Miguel’s troops brought some field-pieces on the heights opposite to the Seminaria, and succeeded in sinking the Pedroite schooner Coquette, and two gun-boats. On the afternoon of the same day, the Fulminénsia, a large bark under Brazilian colours, having on board 118 soldiers discharged from the constitutional service, when going out of the river, was fired at by the Sampaio battery, and compelled to anchor immediately under that fortification. Five of these men were killed and three dangerously wounded. ”

“ A diversion had been made in the vicinity of Aguadante, but it soon became perceptible that the main object of attack was towards the Lordello line. The Miguelites Mere completely repulsed, and sustained considerable loss. On the constitutional side, the Scottish corps suffered most – one officer was killed, and almost every other, with the exception of its commander. Major Shaw, wounded. On the same day, the Migiielite piquets fired several shot across the water at the place where the British boats generally landed, and Commander Glascock nearly received a musket-ball in the arm. ”

“ So soon as the British flag became within shot, the batteries opened upon the Avon, and hulled her several times. She had the wind right aft, and had her crew conducted themselves with any degree of coolness the vessel might have escaped comparatively unhurt: but, so soon as she arrived in the vicinity of the Foz, the master and crew abandoned her. She soon drifted over to the south side, and grounded immediately abreast of the Sampaio battery, on the top of high water. The Miguelito troops took possession of her before sunset, and burned her about 9 p.m. ”

“ On the 27th, the Pedroite schooner Gracioso, with colours flying, forced the blockade in excellent style, and ran up the river, returning with her pop-guns the fire of the Sampaio battery. On the following day, Don Pedro’s troops made some sixty or seventy prisoners, and massacred as many more when in the act of laying down their arms. The number of killed and wounded on the Miguelite side could not be ascertained. About seventy of the constitutionalists were seriously wounded. On the 30th, Oporto was bombarded for several hours ”

“ Ormerod’s ‘lodge,’ and an officer had been previously despatched to General Saldanha, requesting his Excellency would give immediate directions to cause the fire at the Serra battery to cease.
“It may be necessary to apprise your Lordship that the delay on the part of Lord George Paulet entirely originated in a mere matter of etiquette. Count D’Almar protested against the British force being armed, and insinuated that he had several thousand men ready to repel what he was pleased to term an act of violation. ”

“ Commander Glascock had acquainted Captain George, the senior officer of the Pedroite vessels of war then in the Douro, of the number of the suffering troops on board the British merchant brigs, at the same time requesting their removal to the hospital on shore, several being dangerously wounded. After sending, at the suggestion of Commander Glascock, a couple of boats with silent and steady crews, to effect the removal of the sufferers – for the process became a business of stealth – Captain George called alongside the Orestes in his gig, and begged to speak to her commander. “Good heavens. ”

“ Taking to their boat, they sought shelter under the lee of the Britomart, a British bark, moored close to the Childers, and thus brought upon that sloop and her consort a most galling fire, the merchant vessel having just before given great offence by discharging on the constitutional side a cargo of heavy guns. On the following day, Mr. Emeric, E. Vidal, purser of the Asia 84, was dangerously wounded whilst on shore viewing a desperate attack made by the Miguelites upon Don Pedro’s lines near Oporto. ”

“ The Visconde asserted that the continued fire of which the protest complained was not directed at the Raven, but at Don Pedro’s fort, St. John’s, on the opposite side of the entrance of the river, which fort, he said, returned a fire upon his battery with a view of protecting the British cutter. In addition to Commander Glascock’s testimony, as well as that of the officers of the Orestes, we have seen depositions on the subject from Commanders Lord George Paulet and Edward Belcher, of the Nautilus and AEtna ”

“ The sailors were repulsed, and their leader. Captain Morgul, was mortally wounded; but the troops, (under Colonel Schwallbach, a fine old German soldier,) though only twelve hundred strong, took one hundred and sixty prisoners. Had three or four thousand men been sent instead of twelve hundred, the probability is, the troops of Don Pedro would have destroyed all the batteries on the southern side. From the heavy cross fire of musketry to which H.M. ships were exposed. Commander Glascock was apprehensive some damage would have ensued ”

“ The continuation of these provocations is not, I am persuaded, sanctioned by your Excellency; but I must again impress upon your mind, that a recurrence of such outrages will be met by measures (and I say it advisedly) little calculated to benefit your Government. ”

“ These officers, in arresting the progress of the fire at Villa Nova, personally exposed themselves to imminent danger; and the orderly manner in which they conductcd the landing and re-embarkation of the seamen, was the general admiration of the population on both sides of the Douro The conduct of Mr. Jonas Coaker, acting master, who was left in charge of the Orestes, merits my approbation. This officer, in my absence, procured fire-engines from the town of Oporto, but failed in his efforts to transport them to the vicinity of Villa Nova. I have the honor to be, &c. ”

“ Anticipating the result, a general signal was immediately made by Commander Glascock to “veer cable,” in order to afford sufficient room for the Pedroites to effect a landing clear of H.M. squadron. The half ports of the Orestes were shipped on both sides, – the hammocks stowed high, – the gratings and dead-lights placed over the hatchways and skylights, – the crew kept below, – and every precaution taken to guard against accident likely to result from both the belligerents’ musketry. As anticipated, after about forty minutes skirmishing on the southern heights, during which the convent of St. ”

“ In conclusion, I feel it my duty to represent to your Lordship the ready assistance afforded to me by Lord George Paulet, whose activity upon this occasion, together with the arrangements made by his Lordship for disembarking the seamen of H.M. sloop Nautilus, are deserving of the highest encomiums. Nor should I be doing justice to Lieutenant Otway, of H.M. steam-vessel Echo, did I omit to mention the personal services of that officer, in assisting to extinguish the fire at Mr. ”