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 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 But this article was withdrawn, on the repeated representations of Kellermann that its introduction into a public monument would be reproachful to the French army.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 as was imputed to them; and if there were any 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.
♦Remonstrances of the Portugueze Commander.♦
The convention was concluded on the 30th of August, and ratified by the British Commander, not at Cintra, from which place it has been denominated, 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 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 influence or power could be supposed to extend by the common and known laws of war. But to this it was replied, that Ayres Pinto had personally 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 Alem-Tejo, nor of the Spanish army of Extremadura which had entered that province. The British army, he affirmed, could not, and ought not 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 might. Under these circumstances any treaty with the French ought to have been made in 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 Sir Hew Dalrymple.♦
These representations were in some respects 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 political offences, it was natural that the French should demand it; and to him it appeared that the treaty afforded a fair occasion for remitting 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; 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 in the forts.♦
Before the British troops entered Lisbon the 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 summary way Admiral Siniavin’s claim to the protection of a neutral port that the English flag had been planted by Sir C. Cotton.
♦Anarchy in Lisbon.♦