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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 drawnnot 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 (see p. 155)

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 see p. 159)

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 155, speaking of Junot's army, that the British were to encounter the same men, etc. 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 Buonaparteapprising 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 actionknowing 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 (see p. 199)

This attempt, the reader will recollect, is not new to our country; it was accomplished, at one era 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 (see p. 260)

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)" etc.

The answer begins thus :

"I applaud the sentiments you express in the name of my people of Musora, Metauro, and Tronto."

F (see p. 264)

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."


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 negotiating 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 negotiate 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 under

takes to include the Portuguese armies in this suspension of arms; and for them the line of demarcation 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 Portuguese, 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.


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.


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 negotiate and conclude

a treaty for the evacuation of Portugal by the French troops, on the basis of the agreement entered into on the 22nd instant for a suspension of hostilities, have appointed the under-mentioned officers to negotiate the same in their names; viz.-on the part of the General-in-Chief of the British army, LieutenantColonel 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 negotiate 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,

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