per XI. 1808. September. fluence or power could be supposed to extend CHAP. the common and known laws of war. But to this it was replied, that Ayres Pinto had sonally communicated the General's objections to the conditions of the armistice, representing that the Portugueze army and the Government were treated too cavalierly in this transaction; that some notice should be taken of them, were it only to prevent factious persons from raising injurious reports; that the French were not strong enough to deserve so much consideration; and that the Portugueze were now in a condition to demand account from them of the robberies, rapines, depredations, murders, and sacrileges of every kind which they had committed in that kingdom, and which called for exemplary vengeance. The Portugueze Commander now poured in his representations and complaints. It was his duty to declare, he said, that not having been consulted on, or privy to this negotiation, in which he supposed his country was concerned, he considered himself exempt from all responsibility for it. He complained that no notice had been taken in the armistice of the troops under the Monteiro Mor in AlemTejo, nor of the Spanish army of Extremadura which had entered that province. The British army, he affirmed, could not, and ought not to to be considered in any other light than an auxiliary army; as such it had been applied for by the Provisional Government, and as such it was still to be regarded, let its strength be what it 1808. CHAP. might. Under these circumstances any treaty XI. with the French ought to have been made in September, conjunction with the Portugueze Government, and with its full approbation. He protested finally against the treaty in the whole and in its separate parts,.. in the whole, because it contained no consideration of the Prince Regent or the Government which represented him; in its parts, because no declaration was made that what places, stores, and ships were to be taken possession of should be restored to the Portugueze Government; because it stipulated for the impunity of individuals who had betrayed their country; and because it made no provision for the security of the people of Lisbon and its neighbourhood while the French continued there. Reply of These representations were in some respects Dalrymple. well founded; they were mingled with futile matter, and there was also a covert purport in them, which Sir Hew Dalrymple perfectly understood, of exciting a popular feeling in favour of the Junta of Porto, that body being desirous of prolonging and extending its authority, after the circumstances which alone rendered it legitimate had ceased. Leaving this question untouched, Sir Hew replied, with a courtesy and frankness that disarm resentment. It was not possible, he said, to engage the existing Government of Portugal in a negotiation purely military in its nature, and in which no reference was had either to the Governments of England or of France. With regard to the indemnity for XI. 1808. political offences, it was natural that the French CHAP. should demand it; and to him it appeared that the treaty afforded a fair occasion for remitting September. punishments which, by keeping political animosity alive, would not have tended to the tranquillity and happiness of the country. There was little reason to suppose that persons who had 'thus rendered themselves obnoxious would venture to remain long after the French; if they did, they would of course be vigilantly observed, and their future treatment would depend upon their future conduct. It was not from any want of personal respect to General Freire that he did not enter into the discussion of points which it was only incumbent on him to explain to the Government of the country. But being aware of the calumnies which had been disseminated by the enemy in other countries, as now in this, he assured his Excellency, and would use the necessary means for giving publicity to the pledge, that he served in Portugal as the Commander of a force acting in alliance with the Sovereign of that country; and therefore considered himself bound by duty and honour to pay as strict a regard to the interests of the Prince Regent, the dignity and security of his Government, and the welfare of the nation of which he was the lawful ruler, as even his Excellency himself. But as touching the cessions, he did not see in what terms they could have been better framed. "The nominal Duke of Abrantes," said Sir Hew, “is not the guardian of the Prince Regent's interests; XI. 1808. September. CHAP. and if any pledge is necessary of the pure and disinterested views of the Sovereign I have the honour to serve, I do not think it was through the stipulations of a treaty with that General that it could most properly be conveyed.” The manifest good faith and the temper of this reply produced their proper effect, and General Freire expressed his satisfaction in it as promising the most happy, prompt, and secure accomplishment of the object at which they aimed. The British flag hoisted Before the British troops entered Lisbon the in the forts. Russian Admiral wrote to Sir Hew to inquire what flag was to be displayed when the forts on the Tagus were delivered up, and whether, if the Portugueze flag were hoisted, the port would be considered neuter, and his squadron entitled to the benefit of that neutrality. Sir Hew replied, that if he felt authorized to interfere in a business which had been exclusively referred to Sir C. Cotton, he could easily anticipate the answer which that Commander would make. Contrary, however, to his expectation, when two regiments were landed from the fleet, and took possession of the ports on the river, the British flag was hoisted. The Portugueze were naturally hurt at this; but before their General could offer any representation on the subject, Sir Hew had ordered the Portugueze colours to be displayed in its stead. The negotiation concerning the Russian squadron had not been concluded when the question was proposed to the British General, and it was to settle in a sum mary way Admiral Siniavin's claim to the protection of a neutral port that the English flag had been planted by Sir C. Cotton. 1808. September. Anarchy in During the negotiation Lisbon was in a dreadful state. Those wretches who, to the reproach Lisbon. of Christian states and civilized society, are bred in the corruption of all great cities, took advantage of the temporary dissolution of government as they would have done of a conflagration or an earthquake. The soldiers of the police, being Portugueze, had almost all gone to join their countrymen in arms; and the French while they went the rounds, suffered robberies to be committed in their hearing and in their sight, either not understanding the cries for help, or not choosing to interfere, now that their reign was at an end. They indeed themselves were in such danger, that they soon gave over patrolling the streets, and fired upon those who approached their quarters in the night. In this manner several Portugueze were shot; the French ven- Observador turing upon this, not so much in the confidence 420, 501-3. of their own strength, as in full reliance upon the 202. interference of the English to protect them. There had been a great error of judgement in not following up the victory at Vimeiro; and in the subsequent negotiations the British Generals had taken a lower tone than the enemy expected, or circumstances required. But they were more censurable for having failed to manifest that moral sense of the enemy's conduct which individually they felt, and yet collectively seemed for a time Portuguez, Neves, v. |