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Alçada of 1828 1Background and arrival of the commission
Article Nº 0115 Courts and justice Vol. I · pp. 65–66 2 min read

Alçada of 1828

Original title: Alçada de 1828

Account of the special judicial commission (alçada) sent to Madeira in 1828 by D. Miguel's absolutist government to investigate and punish supporters of the constitutional cause after Governor Travassos Valdez proclaimed the rights of D. Pedro IV and D. Maria. It records the mass arrests, the flight of liberals and the sentences imposed.

Alçada of 1828

1Background and arrival of the commission

The governor and captain-general of Madeira, José Lúcio Travassos Valdez, was a supporter of constitutional principles and used every means within his reach to promote their establishment here. On 22 June 1828, disregarding the threats of Miguel I’s government, he had the rights of Pedro IV and of his daughter Maria II proclaimed with great official ceremony and various public festivities, which greatly angered the supporters of absolute government. Valdez’s stance led to the dispatch to Madeira of a squadron carrying the new governor, José Maria Monteiro. The squadron attacked the island and surrendered it to the Miguelist forces, as we shall relate elsewhere (see Occupation of Madeira by the Miguelist troops).

By a royal letter (carta régia) of 6 August 1828, the central government instructed Francisco Antonio Maciel Monteiro, high court judge (desembargador) of the Casa da Suplicação (supreme court of appeal in Lisbon), to come to this island and conduct a rigorous judicial inquiry (devassa) into the political events that had taken place here, and to punish severely those who had shown themselves hostile to the principles of absolute government. The clerk (escrivão) assigned to this inquiry was not just any court official but Dr Manuel Luciano Abreu de Figueiredo, a high court judge of the High Court of Appeal (Relação) of Porto. The two high court judges came with the squadron and landed in Funchal on 25 August.

2Arrests and sentences

The work of the judicial inquiry (devassa) began on 30 August and continued for several months. By 6 September, that is, 8 days after the special judicial commission (alçada) had begun its judicial investigation, 51 people were already being held in the city gaol, 15 in the Fort of São Tiago (St James the Greater), 16 in the Pico fortress (Fortaleza do Pico), 4 in the Forte do Ilhéu (Islet Fort), 45 aboard the frigate Príncipe D. Pedro, 15 aboard the corvette Princesa Real, and 21 clergymen in the ecclesiastical prison (Aljube). The number of people in hiding throughout the island was considerable. Some sought refuge in remote places, entirely lacking in comforts, until many were able to find in exile a relative peace from the dangers that threatened them. The governor and captain-general Travassos Valdez, the officers who had come from England and several Madeirans took refuge aboard the British warship, the corvette Alligator (see that entry). The special judicial commission indicted about 220 people, some of whom were released because nothing had been proved against them. Of those indicted, 77 were sent as prisoners to Lisbon to have their fate decided there, and they were sentenced to various terms of imprisonment and penal exile (degredo).

In this article

Time

Years mentioned · 01
  1. Governor Valdez solemnly proclaimed in Madeira the rights of D. Pedro IV and D. Maria.

  2. A royal letter appointed Francisco António Maciel Monteiro to hold an inquiry (alçada) in Madeira.

  3. The two judges of the alçada landed in Funchal with the Miguelist fleet.

  4. The alçada began its inquiry into Madeiran liberals.

  5. By this date the alçada had imprisoned some 167 people, including 21 clergy.

Place

Places mentioned · 08

Abroad

Map: Madeira (7)
  1. Aljube

    Funchal. Ecclesiastical prison where 21 clergy were held.

  2. England

    United Kingdom. Country from which officers who supported Valdez had come.

  3. Forte do Ilhéu

    Funchal. Fort where 4 prisoners were held.

  4. Fortress of São Tiago

    Funchal. Fortress where 15 prisoners were held in September 1828.

  5. Fortress of the Pico

    Funchal. Fortress where 16 prisoners were held.

  6. Funchal

    City where the judges landed on 25 August 1828 and prisoners were held.

  7. Lisbon

    Portugal. Destination of 77 prisoners sent for sentencing.

People

People mentioned · 07
  1. Judge of the Casa da Suplicação appointed in August 1828 to conduct the inquiry into Madeiran liberals.

  2. Governor and captain-general of Madeira who proclaimed the rights of D. Pedro IV and D. Maria in 1828 and later took refuge on the British corvette Alligator.

  3. New Miguelist governor who came with the fleet that attacked and subdued Madeira in 1828.

  4. Judge of the Relação do Porto who served as clerk of the 1828 inquiry in Madeira.

  5. Daughter of D. Pedro IV, later Queen Maria II, whose rights were proclaimed in Madeira in 1828.

  6. Absolutist king of Portugal whose government sent the fleet and the alçada to Madeira in 1828.

  7. Constitutional claimant whose rights were proclaimed in Funchal on 22 June 1828.

On the sheet A

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