Article 5th declared, that the French were not to be considered as prisoners of war, and that themselves and their property, public and private, were, without any detainder, to be transported to France. To this article sir Arthur objected, as affording a cover for the abstraction of Portuguese property. General Kellerman replied, that it was to be taken in its fair sense of property justly obtained; and upon this assurance it was admitted.
Article 6th provided for the protection of individuals. It guaranteed from political persecution all French residents, all subjects of powers in alliance with France, and all Portuguese who had served the invaders, or become obnoxious for their attachment to them.
Article 7th stipulated for the neutrality of the port of Lisbon as far as the Russian fleet was concerned. At first Kellerman proposed to have the Russian fleet guaranteed from capture, with leave to return to the Baltic; but this was peremptorily refused; and indeed the whole proceeding was designed to entangle the Russians in the French negotiation, that in case the armistice should be broken, the former might be forced into a co-operation with the latter.
Sir Arthur strenuously opposed this article: he argued, 1º, that the interests of the two nations were not blended, and that they stood in different relations towards the British army. 2º. That it was an important object to keep them separate, and that the French general, if pressed, would leave the Russians to their fate. 3º. That as the British operations had not been so rapid and decisive as to enable them to capture the fleet before the question of neutrality could be agitated, the right of the Russians to such protection was undoubted, and in the present circumstances it was desirable to grant it, because, independent of the chances of their final capture, they would be prevented from returning to the Baltic, which in fact constituted their only point of interest when disengaged from the French negotiation; but, that viewed as allies of the latter, they became of great weight. Lastly, that it was an affair which concerned the Portuguese, Russians, and British, but with which the French could have no right to interfere.
Sir Hew finding that the discussion of this question became lengthened, and considering that sir Charles Cotton alone could finally decide, admitted the article merely as a form, without acquiescing in the propriety of it.
Article 8th provided, that all guns of French calibre, and the horses of the cavalry, were to be likewise transported to France.
Article 9th stipulated, that forty-eight hours notice should be given of the rupture of the armistice.
To this article also sir Arthur objected; he considered it unnecessary for the interests of the British army, and favourable to the French, because if hostilities recommenced, the latter would have forty-eight hours to make arrangements for their defence, for the passage of the Tagus, and for the co-operation of the Russian fleet. Upon the other hand, sir Hew thought it was an absolute advantage to gain time for the preparations of the British army, and for the arrival of sir John Moore’s reinforcements.
By an additional article it was provided, that all the fortresses held by the French, which had not capitulated before the 25th of August, should be given up to the British, and the basis of a convention being thus arranged, general Kellerman returned to his chief, and colonel George Murray was ordered to carry the proposed articles to the English admiral.