XI. 1808. August. CHAP. penses while they remained to be discharged by the British Government, and reimbursed by France. Should doubts arise as to the meaning of any article, it was to be interpreted favourably to the French. From the date of the ratification of this convention, all arrears of contributions, requisitions, or claims whatever of the French Government against the subjects of Portugal, or any other individuals residing in that country, founded on the occupation of Portugal by the French troops, should be cancelled, all sequestrations upon their property removed, and the free disposal of the same restored to the proper owners. All subjects of France, or of powers in alliance with France, domiciliated in Portugal, or accidentally there, should be protected, their property respected, and themselves at liberty either to remain in the country, or to accompany the French army. No Portugueze was to be held accountable for his political conduct; and all who had continued in office, or accepted it, under the French Government, were placed under the protection of the British commanders, and were to sustain no injury either in their persons or property, for it had not been at their choice to obey the French or not: if they chose to sell their property and remove, the term of one year should be allowed them for that purpose. The Spanish troops detained at Lisbon were to be given up to the British Commander, and he engaged to obtain from the Spaniards the release of such XI. French subjects, as, not having been taken in CHAP. battle, nor in consequence of military operations, were now detained in Spain. That this convention, considered in a military point of view, was advantageous to Great Britain, was the opinion of all the British Generals. By effecting the immediate deliverance of Portugal, it left the British army at liberty to advance into Spain, and reach the main scene of action in time for the great struggle which was expected there. The details of the treaty were thought of inferior consideration. Kellermann had declared that the French would not submit to severer terms, but that if such were insisted on, they would retire to the strong fortresses in their possession, defend themselves there till the last extremity, and destroy Lisbon before they abandoned it. There was no reason to think that any compunction would withhold them from doing this; and though it might possibly have been prevented by bringing on an action, that action must have been fought in the immediate vicinity of Lisbon, perhaps in the city itself. Motives of humanity therefore had their weight with the Commander-in-chief in making such large concessions to an enemy, who, if they had met with sterner treatment, better suited to their deserts, would presently have lowered their tone, and been glad to accept of any terms which should secure them a safe embarkation. The military advantages of the convention were not over-rated; it will indeed appear hereafter 1808. September. XL. 1808. September. CHAP. that they proved greater than had been foreseen. But some political errors were committed in framing it; and the British Generals did not assume that moral tone which the occasion justified, and which the soundest policy required. Buonaparte was designated in the armistice as his imperial and royal majesty, although Great Britain had never acknowledged him either as Emperor of the French or King of Italy. Junot was allowed to sign the convention as Duke of Abrantes, a title to which he had no better right than to the property which he had amassed in Portugal by rapine. Sir Arthur Wellesley had recommended, pending the negotiation, that some mode should be devised "for making the French Generals disgorge the church plate which they had stolen." An article had been framed accordingly, specifying in direct terms that the property of churches, monasteries, and palaces should not be carried away. But this article was withdrawn, on the repeated representations of Kellermann that its introduction into a public monument would be reproachful to the French army. The Commander-in-chief, he said, was particularly desirous it should be omitted; and he was willing, on that condition, to pledge his word of honour that no property of this kind should be removed. Except in the case of some carriages which the court had left behind, and some beasts taken for the service of the army, he disclaimed all knowledge of any such appropriation of Portugueze property by the French XI. 1808. September. as was imputed to them; and if there were any CHAP. officers who had thus acted, he expressed a hope that they might reap no benefit from their misconduct. With regard to the churches, a contribution had been regularly levied on them for the public service, and its produce expended; this of course the English could not mean to redemand. The confidence with which these representations were urged, imposed for a time upon honourable men, and the obnoxious article was withdrawn upon the very ground for which it ought to have been retained. strances of gucze Com The convention was concluded on the 30th of RemonAugust, and ratified by the British Commander, the Portu not at Cintra, from which place it has been de-mander. nominated, but at Torres Vedras. It was communicated immediately to General Bernardim Freire. The reply from that General was, that he was in some measure responsible to the Provisional Government for obtaining for the Portugueze whatever could be useful and honourable to the state; but there was not in the whole treaty a single article relating to the Portugueze army. It became therefore his duty to inquire how far the engagement contracted with the French for the restoration of their civil officers who were in the hands of the Portugueze extended? if the Provisional Government, taking advantage of his conduct in having taken no part in these arrangements, should order him to act in co-operation with the Spanish army in Alem-Tejo against the French, would the British army oppose any such XI. 1308. September. CHAP. intention? and if the honour and dignity of the Portugueze nation, and the authority of the Prince, should seem to have been compromised by these arrangements, would the British Generals take upon themselves to answer for it? Ayres Pinto, when he delivered this reply, declared that he did justice to the friendship and loyalty of the British nation, and individually felt himself highly honoured by the manner in which Sir Hew had received him; "nevertheless," said he, "your Excellency must well know that the public will judge of us not by our private conduct, but by that which bears an authentic character; and there is no other means of avoiding the ill will of the public than by obtaining from your Excellency a reply which may convince the Portugueze people that the General to whom the direction of their forces is confided, has yielded only to urgent circumstances, and to the absolute necessity of not compromising the army under his command." If the Portugueze General had not separated from the British army, contrary to the advice. and request of Sir Arthur Wellesley, he would of course have been a party to the negotiation. Sir Hew, upon occasion of the armistice, had desired him to state his sentiments fully while the negotiations were in progress; not having received one word of comment during that time, he expressed his surprise at this late expostulation on terms to which the honour of the British Commanders was pledged, as far as their in |