A demur was, with good reason, made concerning the baggage and private property which the French were to carry off with them; and Kellermann explained, that the words were only to bear their strict grammatical meaning. The article regarding the Russians underwent more discussion. Sir Hew insisted, that this was a point referable to the Admiral, and that if he did not agree to it, it must be struck out; with this understanding on the part of the French negotiator that article was framed.

♦Junot returns to Lisbon.♦

While Kellermann was thus employed in the British camp, Junot occupied the positions of the Cabeça de Montechique and Mafra, and hastened himself to Lisbon. On the 20th official intelligence had been published in that city that Laborde had sustained an action with the English army, and though he had only 2000 men, had kept his ground against it; in the night he had taken a position conformably to his orders, for the purpose of joining the Commander-in-chief; their junction had been formed, the enemy were in a strait, and would be attacked on the morrow, when they would be made to see what the French could do: two English regiments had been destroyed in the action. The people, however, understood by reports more worthy of belief than any official statements of the enemy, that the English had been successful at Roliça. The news of the battle of Vimeiro also reached them at nightfall of the 22d; it was asserted, not only that Junot had been defeated, but that he was taken prisoner; the people openly congratulated each other in the streets, and the exultation and stir at the Ave Maria hour were such as to indicate an insurrection. None of the French deemed it prudent to appear, except General Travot, who relied, and not in vain, upon that personal good-will which he had obtained by a conduct always humane and honourable. At daybreak of the 23d, a letter from Junot was published, dated from the field of battle, at four in the afternoon. It stated that the English had been attacked at nine o’clock that morning, in the fortified position which they occupied, and that in an instant they had been dislodged from all their advanced points. The left of the French army had obtained from the first complete success; their right having to take a circuitous course, could not arrive in time to decide the action entirely; it had continued till two o’clock, and they should probably finish it on the morrow. At two they had taken a position, and were three leagues nearer the enemy than on the preceding day. The loss of the English had been great. “On our part,” said Junot, “there have been 150 killed, and from 300 to 400 wounded. We are stronger now, fresh troops having reached me ... to-morrow, therefore ...” there the sentence was broken off, and General Travot concluded the bulletin by saying, that many of the enemy’s superior officers had been killed or wounded, that the Commander-in-chief was well, and in a few days would be in Lisbon. He arrived, in fact, that afternoon, with the reserve, and such of the wounded as could be removed. A royal salute was fired from the Castle, as if he had returned victorious; but the countenances of the French, even the generals themselves, belied this manifestation of success. ♦Neves, v. 151–154.
Observador Portuguez, 413, 417.♦ It was soon rumoured that a capitulation had been proposed, and no doubt could be entertained concerning this when it was known that an English officer arrived that night in company with Kellermann, and that a boat had been sent off to the English fleet.

♦General Freire dissatisfied with the armistice.♦

The British army marched on the morning after the armistice was signed, and took a position near the village of Ramalhal, this movement being made merely for convenience. The Portugueze General, Bernardim Freire, visited the Commander-in-chief there; and received a copy of the armistice: he was dissatisfied with it, and promised to send a confidential officer to communicate with him thereupon. Accordingly Major Ayres Pintode Sousa soon arrived at Sir Hew’s head-quarters. His strongest objections related to that article which stipulated that no persons should be molested for their political conduct; that being a question, he said, which it was for the Portugueze government to decide. It appeared evident to Sir Hew, that General Freire was offended because there was no mention of the Junta of Porto in the armistice. His answer was, that the government of Portugal, to which the decision of this point would belong, nowhere existed; and moreover the measure was wholly military, and admitted of no delay; he desired, however, that General Freire would state in writing whatever observations he had to make, and promised that they should be most favourably considered in the progress of the negotiation.

♦Difficulty concerning the Russian squadron.♦

There arose a difficulty now respecting the Russian fleet. Notwithstanding the preparations of defence which had been made on board their ships, the feelings of the Russians and of their Admiral were not with the French, and all Junot’s endeavours to make their presence available for the increase of his own means were in vain. Sir Arthur Wellesley had learnt, when he visited the British squadron off the Tagus, that it was Admiral Siniavin’s intention to take no part in the contest between the two contending powers, but claim the protection of a neutral port. It was his opinion, that if they conducted themselves upon this principle, they ought not to be molested, and that it mattered not what became of their ships, so they were not allowed to return to the Baltic. In Sir Hew’s judgement the Admiral was the best, if not the only judge of the question, and to him accordingly the stipulation in the armistice concerning them had been referred. Sir C. Cotton refused to ratify it; and upon this Sir Arthur recommended the Commander to put an end to the armistice, and lose no farther time in advancing, leaving it for Junot to renew the negotiation if he thought proper. The Commander was of a different opinion; good faith, he thought, required that the Admiral’s sentiments should be communicated to General Junot; but he notified to him, at the same time, that the armistice must be at an end in forty-eight hours, and Colonel Murray, who was the bearer of this notice, was authorized to negotiate a convention.

♦Convention of Cintra.♦

The question concerning the Russians was adjusted between the two Admirals. It was agreed that the ships should be held as a deposit by Great Britain, to be restored within six months after the conclusion of peace between Russia and that power; and that the men should be conveyed to their own country at the expense of the British Government, without any condition or stipulation respecting their future services. The definitive convention also was soon concluded. The terms were, that the French army should evacuate Portugal with their arms and baggage, not be considered prisoners of war, be furnished with means of conveyance by the English government, and disembarked in any of the ports between Rochefort and l’Orient, and be at liberty to serve on their arrival. They were to take with them all their artillery of French calibre, with the horses belonging to it, and the tumbrils supplied with sixty rounds per gun, all their equipments, and all that is comprehended under the name of property of the army; and all individuals of the army were to be at liberty to dispose of their private property of every description, with full security for the purchasers. The horses of the cavalry and of the officers were to be embarked, those of the former not exceeding 600, those of the latter not exceeding 200; and as the means of conveyance for horses were very limited, facility should be given them for disposing of those which could not be embarked. The garrisons of Elvas, Peniche, and Palmella, were to be embarked at Lisbon, that of Almeida at Porto, or the nearest harbour, and British commissaries were to provide for their subsistence and accommodation on the march. The sick and wounded who were not in a state to be removed were entrusted to the British army, their expenses 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 French subjects, as, not having been taken in battle, nor in consequence of military operations, were now detained in Spain.

♦1808.
September.♦