Accordingly Castaños and Tilly, representing the Spaniards, and Chabert and Marescot, on behalf of Dupont, signed preliminaries, by which it was agreed that the surrounded divisions should formally lay down their arms and become prisoners of war, while Vedel’s men should not be considered to have capitulated, nor make any act of surrender. Both bodies of men should leave Andalusia by sea, and be taken to Rochefort on Spanish vessels. ‘The Spanish army,’ so ran the curiously worded seventh article of the capitulation, ‘guarantees them against all hostile aggression during their passage.’ The other clauses contain nothing striking, save some rather liberal permissions to the French officers to take away their baggage—each general was to be allowed two wheeled vehicles, each field officer or staff officer one—without its being examined. This article caught the eye of Napoleon, and has been noted by many subsequent critics, who have maintained that Dupont and his colleagues, gorged with the plunder of Cordova, surrendered before they needed, in order to preserve their booty intact. That they yielded before it was inevitable we do not believe: but far more anxiety than was becoming seems to have been shown regarding the baggage. This anxiety finds easy explanation if the Spanish official statement, that more than £40,000 in hard cash, and a great quantity of jewellery and silver plate was afterwards found in the fourgons of the staff and the superior officers, be accepted as correct[159].
The fifteenth clause of the capitulation had contents of still more doubtful propriety: it was to the effect that as many pieces of church plate had been stolen at the sack of Cordova, Dupont undertook to make a search for them and restore them to the sanctuaries to which they belonged, if they could be found in existence. The confession was so scandalous, that we share Napoleon’s wonder that such a clause could ever have been passed by the two French negotiators; if they were aware that the charge of theft was true (as it no doubt was), shame should have prevented them from putting it on paper: if they thought it false, they were permitting a gratuitous insult to the French army to be inserted in the capitulation.
While the negotiations were going on, Dupont sent secret orders to Vedel to abscond during the night, and to retreat on Madrid as fast as he was able. Chabert and Marescot had of course no knowledge of this, or they would hardly have consented to include that general’s troops in the convention. In accordance with his superior’s orders, and with the obvious necessities of the case, Vedel made off on the night of July 20-21, leaving only a screen of pickets in front of his position, to conceal his departure from the Spaniards as long as was possible. On the return of his plenipotentiaries to his camp on the morning of the twenty-first, Dupont learnt, to his surprise and discontent, that they had included Vedel’s division in their bargain with Castaños. But as that officer was now far away—he had reached La Carolina at daybreak and Santa Elena by noon—the commander-in-chief hoped that his troops were saved.
The anger of the Spaniards at discovering the evasion of the second French division may easily be imagined. Reding, who was the first to become aware of it, sent down an officer into Dupont’s camp, with the message that if Vedel did not instantly return, he should regard the convention as broken, and fall upon the surrounded troops: he should give no quarter, as he considered that treachery had been shown, and that the armistice had been abused. Dupont could not hope to make a stand, and was at the enemy’s mercy. He directed his chief of the staff to write an order bidding Vedel to halt, and sent it to him by one of his aides-de-camp, accompanied by a Spanish officer. This did not satisfy Reding, who insisted that Dupont should write an autograph letter of his own in stronger terms. His demand could not be refused, and the two dispatches reached Vedel almost at the same hour, as he was resting his troops at Santa Elena before plunging into the passes.
Vedel, as all his previous conduct had shown, was weak and wanting in initiative. Some of his officers tried to persuade him to push on, and to leave Dupont to make the best terms for himself that he could. Much was to be said in favour of this resolve: he might have argued that since he had never been without the power of retreating, it was wrong of his superior to include him in the capitulation. His duty to the Emperor would be to save his men, whatever might be the consequences to Dupont. The latter, surrounded as he was, could hardly be considered a free agent, and his orders might be disregarded. But such views were far from Vedel’s mind: he automatically obeyed his chief’s dispatch and halted. Next day he marched his troops back to Baylen, in consequence of a third communication from Dupont.
On July 23 Dupont’s troops laid down their arms with full formalities, defiling to the sound of military music before the divisions of La Peña and Jones, who were drawn up by the Rumblar bridge. On the twenty-fourth Vedel’s and Dufour’s troops, without any such humiliating ceremony, stacked their muskets and cannon on the hillsides east of Baylen and marched for the coast. When the two corps were numbered it was found that 8,242 unwounded men had surrendered with Dupont: nearly 2,000 more, dead or wounded, were left on the battle-field; seven or eight hundred of the Swiss battalions had deserted and disappeared. With Vedel 9,393 men laid down their arms[160]. Not only did he deliver up his own column, but he called down the battalion guarding the Despeña Perros pass. Even the troops left beyond the defiles in La Mancha were summoned to surrender by the Spaniards, and some of them did so, though they were not really included in the capitulation, which was by its wording confined to French troops in Andalusia. But the commanders of three battalions allowed themselves to be intimidated by Colonel Cruz-Murgeon, who went to seek them at the head of a few cavalry, and tamely laid down their arms[161].
The Spaniards had won their success at very small cost. Reding’s division returned a casualty list of 117 dead and 403 wounded, in which were included the losses of the skirmish of July 16 as well as those of the battle of the nineteenth. Coupigny lost 100 dead and 894 wounded. La Peña’s and Cruz-Murgeon’s columns, which had barely got into touch with the French when the armistice was granted, cannot have lost more than a score or two of men. The total is no more than 954. There were in addition 998 prisoners captured by Vedel when he attacked from the rear, but these were, of course, restored on the twentieth, in consequence of the orders sent by Dupont, along with two guns and two regimental standards.
Castaños, a man of untarnished honour, had every intention of carrying out the capitulation. The French troops, divided into small columns, were sent down to the coast, or to the small towns of the Lower Guadalquivir under Spanish escorts, which had some difficulty in preserving them from the fury of the peasantry. It was necessary to avoid the large towns like Cordova and Seville, where the passage of the unarmed prisoners would certainly have led to riots and massacres. At Ecija the mob actually succeeded in murdering sixty unfortunate Frenchmen. But when the troops had been conducted to their temporary destinations, it was found that difficulties had arisen. The amount of Spanish shipping available would not have carried 20,000 men. This was a comparatively small hindrance, as the troops could have been sent off in detachments. But it was more serious that Lord Collingwood, the commander of the British squadron off Cadiz, refused his permission for the embarkation of the French. He observed that Castaños had promised to send Dupont’s army home by water, without considering whether he had the power to do so. The British fleet commanded the sea, and was blockading Rochefort, the port which the capitulation assigned for the landing of the captive army. No representative of Great Britain had signed the convention[162], and she was not bound by it. He must find out, by consulting his government, whether the transference of the troops of Dupont to France was to be allowed.
On hearing of the difficulties raised by Collingwood, Castaños got into communication with Dupont, and drew up six supplementary articles to the convention, in which it was stipulated that if the British Government objected to Rochefort as the port at which the French troops were to be landed, some other place should be selected. If all passage by sea was denied, a way by land should be granted by the Spaniards. This agreement was signed at Seville on August 6, but meanwhile the Junta was being incited to break the convention. Several of its more reckless and fanatical members openly broached the idea that no faith need be kept with those who had invaded Spain under such treacherous pretences. The newspapers were full of tales of French outrages, and protests against the liberation of the spoilers of Cordova and Jaen.
Matters came to a head when Dupont wrote to Morla, the Captain-General of Andalusia, to protest against further delays, and to require that the first division of his army should be allowed to sail at once [August 8]. He received in reply a most shameless and cynical letter[163]. The Captain-General began by declaring that there were no ships available. But he then went on to state that no more had been promised than that the Junta would request the British to allow the French troops to sail. He supposed that it was probable that a blank refusal would be sent to this demand. Why should Britain allow the passage by sea of troops who were destined to be used against her on some other point of the theatre of war? Morla next insinuated that Dupont himself must have been well aware that the capitulation could not be carried out. ‘Your Excellency’s object in inserting these conditions was merely to obtain terms which, impossible as they were to execute, might yet give a show of honour to the inevitable surrender.... What right have you to require the performance of these impossible conditions on behalf of an army which entered Spain under a pretence of alliance, and then imprisoned our King and princes, sacked his palaces, slew and robbed his subjects, wasted his provinces, and tore away his crown?’