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1808.

defend Madrid is contrary to the principles of CHAP. war, and inhuman towards the inhabitants. The town ought to seek protection for its peaceable December. inhabitants, and oblivion for the past." The firing ceased, and at five in the afternoon Morla and D. Bernardo Yriarte came out to Berthier's tent. They assured him that Madrid was without resources, and that it would be the height of madness to continue its defence, but that the populace and the volunteers from the country were determined to persevere in defending it. They themselves were convinced that this was hopeless, and requested a pause of a few hours, that they might make the people understand their real situation.. Hopeless, and without resources, when threescore thousand men were ready to defend their streets, and doors, and chambers! This would not have been said if Palafox had been in Madrid.

Buonaparte

These unworthy deputies were introduced to Speech of Buonaparte, and one of those theatrical displays to the deensued in which he delighted to exhibit himself. puties. "You use the name of the people to no purpose," said he; "if you cannot appease them, and restore tranquillity, it is because you have inflamed them, and led them astray by propagating falsehoods. Call together the clergy, the heads of convents, the Alcaldes, the men of property and influence, and let the city capitulate before six in the morning, or it shall cease to exist. I will not withdraw my troops, nor ought I to withdraw them. You have murdered the unfortunate

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CHAP. French prisoners who fell into your hands; and only a few days ago you suffered two persons in the suite of the Russian Ambassador to be dragged through the streets, and killed, because they were Frenchmen. The incapacity and the cowardice of a General put into your power troops who capitulated on the field of battle, and that capitulation has been violated. You, M. Morla, what sort of an epistle did you write to that General? Perhaps it becomes you, Sir, to talk of pillage; you, who, when you entered Roussillon, carried off all the women, and distributed them as booty among your soldiers. Besides, what right had you to use such language? the capitulation precluded you from it. See what has been the conduct of the English, who are yet far from piquing themselves on being strict observers of the law of nations. They cried out against the convention of Portugal, but they have fulfilled it. To violate military treaties is to renounce all civilization; it is placing generals on a footing with the Bedouins of the desert. How dare you then presume to solicit a capitulation, you who violated that of Baylen? See how injustice and ill faith always recoil upon the guilty! I had a fleet at Cadiz, it was in alliance with Spain, and yet you directed against it the mortars of the city where you commanded. I had a Spanish army in my ranks; and rather than disarm it, I would have seen it embark on board the English ships, and be forced to precipitate it afterwards down the rocks at Espinosa. I

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would rather have seven thousand more enemies CHAP. to fight than be wanting in honour and good faith. Return to Madrid. I give you till six o'clock in the morning; come back at that hour,

if

you have to announce the submission of the people; otherwise you and your troops shall be all put to the sword." Had there been a Spaniard present to have replied as became him in behalf of his country, Buonaparte would have trembled at the reply, like Felix before the Apostle.

1808.

December.

of Madrid.

The enemy had now been three days before Surrender Madrid, and the ardour of the people was deadened by delay and distrust. Deserted and betrayed as they were, they knew not in whom to confide, and therefore began to feel that it behoved every one to provide for his own safety. During the night the strangers who had come to assist in the defence of the capital, and such of the inhabitants as had been most zealous in the national cause, left a scene where they were not allowed to exert themselves; and at ten o'clock on the morning of the 5th the French General Belliard took the command of the city. Morla's first stipulation was, that the catholic apostolic Roman religion should be preserved, and no other legally tolerated. No person was to be molested for his political opinions, or writings, nor for what he had done in obedience to the former government, nor the people, for the efforts which they had made in their defence. It was as easy for the tyrant to grant this, as to break it whenever he might think proper. The

VOL. II.

EE

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December,

CHAP. fifth article required that no contributions should be exacted beyond the ordinary ones. This was granted till the realm should definitely be organized; and, with the same qualifying reserve, it was agreed, that the laws, customs, and courts of justice should be preserved. Another article required, that the French officers and troops should not be quartered in private houses nor in convents. This was granted with a proviso, that the troops should have quarters and tents furnished conformably to military regulations,.. regulations which placed houses and convents at their mercy. The Spanish troops were to march out with the honours of war, but without their arms and cannon: the armed peasantry to leave their weapons, and return to their abodes. They who had enlisted among the troops of the line within the last four months were discharged from their engagements, and might return home; the rest should be prisoners of war till an exchange took place, which, it was added, should immediately commence between equal numbers, rank for rank. It was asked that the public debts and engagements should be faithfully discharged; but this, it was replied, being a political object, belonged to the cognizance of the assembly of the realm, and depended on the general administration. The last article stipulated, that those generals who might wish to continue in Madrid should preserve their rank, and such as were desirous of quitting it, should be at liberty so to do. This was granted; but their pay was only

to continue till the kingdom received its ultimate CHAP. organization.

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December.

Notwithstanding the formality with which the 1808. soldiers were included in this capitulation, very Decrees few of them remained to be subject to its con- issued by ditions. Castelar and all the military officers of Buonaparte. rank refused to enter into any terms, and, with the main body of the troops and sixteen guns, marched out of the city on the night of the 4th, and effected their retreat. The Council of Castille, which had already suffered the just reproaches of their country, had now to endure the censure of the tyrant whom they had supported while his power was predominant, and disowned when the tide turned against him. He issued a decree, whereby, considering that that Council had shown, in the exercise of its functions, as much falsehood as weakness, and that, after having published the renunciation of the Bourbons, and acknowledged the right of Joseph Buonaparte to the throne, it had had the baseness to declare that it had signed those documents with secret reservations, he displaced them, as cowards, unworthy to be the magistrates of a brave and generous nation. Care, however, was taken to except those who had been cautious enough not to sign the recantation. At the same time another decree was passed, abolishing the Inquisition, as incompatible with the sovereign power, and with the civil authority. Its property was to be united to the domains of Spain, as a guarantee for the public debt. A third de

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