This opportunity, be it observed, was offered only by Gen. Junot’s presumption in quitting his defensive positions, and coming out to meet the English army in the field; so that it was an advantage so much over and above what might fairly have been calculated upon: at any rate, if this might have been looked for, still the accident of battle, by which a large part of the French army was left in a situation to be cut off, (to the loss of which advantage Sir A. Wellesley ascribes the necessity of a convention) could surely never have been anticipated; and therefore the British army was, even after that loss, in as prosperous a state as it had from the first any right to expect. Hence it is to be inferred, that Sir A.W. must have entered on this campaign with a predetermination to grant a convention in any case, excepting in one single case which he knew to be in the gift of only very extraordinary good fortune. With respect to him, therefore, the charges — pronounced by the national voice — are not only confirmed, but greatly aggravated. Further, with respect to the General who superseded him, all those — who think that such an opportunity of terminating the campaign was really offered, and, through his refusal to take advantage of it, lost — are compelled to suspect in him a want of military skill, or a wilful sacrifice of his duty to the influence of personal rivalry, accordingly as they shall interpret his motives.
The whole which we gain therefore from the Board of Inquiry is — that what we barely suspected is ripened into certainty — and that on all, which we assuredly knew and declared without needing that any tribunal should lend us its sanction, no effort has been made at denial, or disguise, or palliation.
Thus much for the proceedings of the Board of Inquiry, upon which their decision was to be grounded. As to the decision itself, it declares that no further military proceedings are necessary; ‘because’ (say the members of the Board). ‘however some of us may differ in our sentiments respecting the fitness of the convention in the relative situation of the two armies, it is our unanimous declaration that unquestionable zeal and firmness appear throughout to have been exhibited by Generals Sir H. Dalrymple, Sir H. Burrard, and Sir A. Wellesley.’ In consequence of this decision, the Commander-in-Chief addressed a letter to the Board — reminding them that, though the words of his Majesty’s warrant expressly enjoin that the conditions of the Armistice and Convention should be strictly examined and reported upon, they have altogether neglected to give any opinion upon those conditions. They were therefore called upon then to declare their opinion, whether an armistice was adviseable; and (if so) whether the terms of that armistice were such as ought to be agreed upon; — and to declare, in like manner, whether a convention was adviseable; and (if so) whether the terms of that convention were such as ought to have been agreed upon.
To two of these questions — viz. those which relate to the particular armistice and convention made by the British Generals — the members of the Board (still persevering in their blindness to the other two which express doubt as to the lawfulness of any armistice or convention) severally return answers which convey an approbation of the armistice and convention by four members, a disapprobation of the convention by the remaining three, and further a disapprobation of the armistice by one of those three.
Now it may be observed — first — that, even if the investigation had not been a public one, it might have reasonably been concluded, from the circumstance of the Board having omitted to report any opinion concerning the terms of the armistice and the convention, that those terms had not occupied enough of its attention to justify the Board in giving any opinion upon them — whether of approbation or disapprobation; and, secondly, — this conclusion, which might have been made à priori, is confirmed by the actual fact that no examination or inquiry of this kind appears throughout the report of its proceedings: and therefore any opinion subsequently given, in consequence of the requisition of the Commander-in-Chief, can lay claim to no more authority upon these points — than the opinion of the same men, if they had never sat in a public Court upon this question. In this condition are all the members, whether they approve or disapprove of the convention. And with respect to the three who disapprove of the convention, — over and above the general impropriety of having, under these circumstances, pronounced a verdict at all in the character of members of that Board — they are subject to an especial charge of inconsistency in having given such an opinion, in their second report, as renders nugatory that which they first pronounced. For the reason — assigned, in their first report, for deeming no further military proceedings necessary — is because it appears that unquestionable zeal and firmness were exhibited throughout by the several General Officers; and the reason — assigned by those three who condemn the convention — is that the Generals did not insist upon the terms to which they were entitled; that is (in direct opposition to their former opinions), the Generals shewed a want of firmness and zeal. If then the Generals were acquitted, in the first case, solely upon the ground of having displayed firmness and zeal; a confessed want of firmness and zeal, in the second case, implies conversely a ground of censure — rendering (in the opinions of these three members) further military proceedings absolutely necessary. They, — who are most aware of the unconstitutional frame of this Court or Board, and of the perplexing situation in which its members must have found themselves placed, — will have the least difficulty in excusing this inconsistency: it is however to be regretted; particularly in the instance of the Earl of Moira; — who, disapproving both of the Convention and Armistice, has assigned for that disapprobation unanswerable reasons drawn — not from hidden sources, unapproachable except by judicial investigation — but from facts known to all the world.
— The reader will excuse this long note; to which however I must add one word: — Is it not strange that, in the general decision of the Board, zeal and firmness — nakedly considered, and without question of their union with judgment and such other qualities as can alone give them any value — should be assumed as sufficient grounds on which to rest the acquittal of men lying under a charge of military delinquency?
B (page 72).
It is not necessary to add, that one of these fears was removed by the actual landing of ten thousand men, under Sir J. Moore, pending the negotiation: and yet no change in the terms took place in consequence. This was an important circumstance; and, of itself, determined two of the members of the Board of Inquiry to disapprove of the convention: such an accession entitling Sir H. Dalrymple (and, of course, making it his duty) to insist on more favourable terms. But the argument is complete without it.
C (page 75).
I was unwilling to interrupt the reader upon a slight occasion; but I cannot refrain from adding here a word or two by way of comment. — I have said at page 71, speaking of Junot’s army, that the British were to encounter the same men, &c. Sir Arthur Wellesley, before the Board of Inquiry, disallowed this supposition; affirming that Junot’s army had not then reached Spain, nor could be there for some time. Grant this: was it not stipulated that a messenger should be sent off, immediately after the conclusion of the treaty, to Buonaparte — apprising him of its terms, and when he might expect his troops; and would not this enable him to hurry forward forces to the Spanish frontiers, and to bring them into action — knowing that these troops of Junot’s would be ready to support him? What did it matter whether the British were again to measure swords with these identical men; whether these men were even to appear again upon Spanish ground? It was enough, that, if these did not, others would — who could not have been brought to that service, but that these had been released and were doing elsewhere some other service for their master; enough that every thing was provided by the British to land them as near the Spanish frontier (and as speedily) as they could desire.
D (page 108).
This attempt, the reader will recollect, is not new to our country; — it was accomplished, at one aera of our history, in that memorable act of an English Parliament, which made it unlawful for any man to ask his neighbour to join him in
a petition for redress of grievances: and which thus denied the people ‘the benefit of tears and prayers to their own infamous deputies!’ For the deplorable state of England and Scotland at that time — see the annals of Charles the Second, and his successor. — We must not forget however that to this state of things, as the cause of those measures which the nation afterwards resorted to, we are originally indebted for the blessing of the Bill of Rights.
E (page 159).
I allude here more especially to an address presented to Buonaparte (October 27th, 1808) by the deputies of the new departments of the kingdom of Italy; from which address, as given in the English journals, the following passages are extracted: —
‘In the necessity, in which you are to overthrow — to destroy — to disperse your enemies as the wind dissipates the dust, you are not an exterminating angel; but you are the being that extends his thoughts — that measures the face of the earth — to re-establish universal happiness upon better and surer bases.’
‘We are the interpreters of a million of souls at the extremity of your kingdom of Italy.’ — ’Deign, Sovereign Master of all Things, to hear (as we doubt not you will)’ &c.
The answer begins thus: —
‘I applaud the sentiments you express in the name of my people of Musora, Metauro, and Tronto.’
F (page 163).
This principle, involved in so many of his actions, Buonaparte has of late explicitly avowed: the instances are numerous: it will be sufficient, in this place, to allege one — furnished by his answer to the address cited in the last note: —
‘I am particularly attached to your Archbishop of Urbino: that prelate, animated with the true faith, repelled with indignation the advice — and braved the menaces — of those who wished to confound the affairs of Heaven, which never change, with the affairs of this world, which are modified according to circumstances of force and policy.’
SUSPENSION OF ARMS
Agreed upon between Lieutenant-General SIR ARTHUR WELLESLEY, K.B. on the one part, and the General-of-Division KELLERMANN on the other part; each having powers from the respective Generals of the French and English Armies.
Head-Quarters of the English Army, August 22, 1808.
ARTICLE I. There shall be, from this date, a Suspension of Arms between the armies of his Britannic Majesty, and his Imperial and Royal Majesty, Napoleon I. for the purpose of negociating a Convention for the evacuation of Portugal by the French army.
ART. II. The Generals-in-Chief of the two armies, and the Commander-in-Chief of the British fleet at the entrance of the Tagus, will appoint a day to assemble, on such part of the coast as shall be judged convenient, to negociate and conclude the said Convention.
ART. III. The river of Sirandre shall form the line of demarcation to be established between the two armies; Torres Vedras shall not be occupied by either.
ART. IV. The General-in-Chief of the English army undertakes to include the Portugueze armies in this suspension of arms; and for them the line of demarkation shall be established from Leyria to Thomar.
ART. V. It is agreed provisionally that the French army shall not, in any case, be considered as prisoners of war; that all the individuals who compose it shall be transported to France with their arms and baggage, and the whole of their private property, from which nothing shall be exempted.
ART. VI. No individual, whether Portugueze, or of a nation allied to France, or French, shall be called to account for his political conduct; their respective property shall be protected; and they shall be at liberty to withdraw from Portugal, within a limited time, with their property.
ART. VII. The neutrality of the port of Lisbon shall be recognised for the Russian fleet: that is to say, that, when the English army or fleet shall be in possession of the city and port, the said Russian fleet shall not be disturbed during its stay; nor stopped when it wishes to sail; nor pursued, when it shall sail, until after the time fixed by the maritime law.
ART. VIII. All the artillery of French calibre, and also the horses of the cavalry, shall be transported to France.
ART. IX. This suspension of arms shall not be broken without forty-eight hours’ previous notice.
Done and agreed upon between the above-named Generals, the day and year above-mentioned.
(Signed) ARTHUR WELLESLEY. KELLERMANN, General-of-Division.
Additional Article.
The garrisons of the places occupied by the French army shall be included in the present Convention, if they have not capitulated before the 25th instant.
(Signed) ARTHUR WELLESLEY. KELLERMANN, General-of-Division.
(A true Copy.)
A.J. DALRYMPLE, Captain, Military Secretary.
DEFINITIVE CONVENTION FOR THE EVACUATION OF PORTUGAL BY THE FRENCH ARMY.
The Generals commanding in chief the British and French armies in Portugal, having determined to negociate and conclude a treaty for the evacuation of Portugal by the French troops, on the basis of the agreement entered into on the 22d instant for a suspension of hostilities, have appointed the under-mentioned officers to negociate the same in their names; viz. — on the part of the General-in-Chief of the British army, Lieutenant-Colonel MURRAY, Quarter-Master-General; and, on the part of the General-in-Chief of the French army, Monsieur KELLERMANN, General-of-Division; to whom they have given authority to negociate and conclude a Convention to that effect, subject to their ratification respectively, and to that of the Admiral commanding the British fleet at the entrance of the Tagus.
Those two officers, after exchanging their full powers, have agreed upon the articles which follow:
ARTICLE I. All the places and forts in the kingdom of Portugal, occupied by the French troops, shall be delivered up to the British army in the state in which they are at the period of the signature of the present Convention.
ART. II. The French troops shall evacuate Portugal with their arms and baggage; they shall not be considered as prisoners of war; and, on their arrival in France, they shall be at liberty to serve.
ART. III. The English Government shall furnish the means of conveyance for the French army; which shall be disembarked in any of the ports of France between Rochefort and L’Orient, inclusively.
ART. IV. The French army shall carry with it all its artillery, of French calibre, with the horses belonging to it, and the tumbrils supplied with sixty rounds per gun. All other artillery, arms, and ammunition, as also the military and naval arsenals, shall be given up to the British army and navy in the state in which they may be at the period of the ratification of the Convention.
ART. V. The French army shall carry with it all its equipments, and all that is comprehended under the name of property of the army; that is to say, its military chest, and carriages attached to the Field Commissariat and Field Hospitals; or shall be allowed to dispose of such part of the same, on its account, as the Commander-in-Chief may judge it unnecessary to embark. In like manner, all individuals of the army shall be at liberty to dispose of their private property of every description; with full security hereafter for the purchasers.
ART. VI. The cavalry are to embark their horses; as also the Generals and other officers of all ranks. It is, however, fully understood, that the means of conveyance for horses, at the disposal of the British Commanders, are very limited; some additional conveyance may be procured in the port of Lisbon; the number of horses to be embarked by the troops shall not exceed six hundred; and the number embarked by the Staff shall not exceed two hundred. At all events every facility will be given to the French army to dispose of the horses, belonging to it, which cannot be embarked.
ART. VII. In order to facilitate the embarkation, it shall take place in three divisions; the last of which will be principally composed of the garrisons of the places, of the cavalry, the artillery, the sick, and the equipment of the army. The first division shall embark within seven days of the date of the ratification; or sooner, if possible.
ART. VIII. The garrison of Elvas and its forts, and of
Peniche and Palmela, will be embarked at Lisbon; that of Almaida at Oporto, or the nearest harbour. They will be accompanied, on their march by British Commissaries, charged with providing for their subsistence and accommodation.
ART. IX. All the sick and wounded, who cannot be embarked with the troops, are entrusted to the British army. They are to be taken care of, whilst they remain in this country, at the expence of the British Government; under the condition of the same being reimbursed by France when the final evacuation is effected. The English government will provide for their return to France; which shall take place by detachments of about one hundred and fifty (or two hundred) men at a time. A sufficient number of French medical officers shall be left behind to attend them.
ART. X. As soon as the vessels employed to carry the army to France shall have disembarked it in the harbours specified, or in any other of the ports of France to which stress of weather may force them, every facility shall be given them to return to England without delay; and security against capture until their arrival in a friendly port.
ART. XI. The French army shall be concentrated in Lisbon, and within a distance of about two leagues from it. The English army will approach within three leagues of the capital; and will be so placed as to leave about one league between the two armies.
ART. XII. The forts of St. Julien, the Bugio, and Cascais, shall be occupied by the British troops on the ratification of the Convention. Lisbon and its citadel, together with the forts and batteries, as far as the Lazaretto or Tarfuria on one side, and fort St. Joseph on the other, inclusively, shall be given up on the embarkation of the second division; as shall also the harbour; and all armed vessels in it of every description, with their rigging, sails, stores, and ammunition. The fortresses of Elvas, Almaida, Peniche, and Palmela, shall be given up as soon as the British troops can arrive to occupy them. In the mean time, the General-in-Chief of the British army will give notice of the present Convention to the garrisons of those places, as also to the troops before them, in order to put a stop to all further hostilities.
Delphi Complete Works of William Wordsworth Page 329