Star.
London, England, 1809-01-18 00:00:00

men. •.

From. this statement it will appear that the force of
S or 4000 men, which it was reported had arrived at
Torres Vedras after the action, could not have existed •

and, in point of fact, it was a report circulated by Ge-
neral Junot,. and indeed it was published in the news-
papers of Lisbon, with other false accounts of the
circumstances of the action.

In respect to other points, I shall not observe upon
them, as the evidence is before the Court, who will
judge of it. I consider it proved and admitted, that
I recommended, on the evening of the 20th of Au-
gust, that the army should not halt, and that the pro-
posed disposition for Sir John Moore's corps should
not be altered ; that the enemy were completely de-
feated in the action of the 21st of August on all;
points of attack ; and that I proposed to Sir Harry
Burrard the pursuit of them.
' The Court have before them my reasons for advan-
cing on the 10th of August, and for thinking that I
was strong enough for the enemy, and for recommen-
ding to Lieutenant-General Sir Harry Burrard, a
perseverance in the plan of operations on which I
commenced ; and in my evidence of yesterday, my
reason for thinking that most beneficial consequences
would have resulted if the enemy had been pursued.
Upon all the points of difference of opinion between
Lieutenant-General Sir Harry Burrard and me, the
Court Will form their judgment upon the evidence.
I think it necessary, however, to detain the Court
for-a,short time upon another part of the subject which
has .ben 'under their consideration. _ _

- -
Although I am decidedly of opinion that the
most decisive consequences would have resulted from
the starch as proposed, and the pursuit of the enemy
on the 21st of August after the battle, yet it does not
follow that the measure of allowing the French to
evacuate Portugal was not right on the evening of
the 224
On the 21st of August the enemy were defeated
and in confusion ; and I have explained the grounds
which I have for thinking that the most advantage.
ous consequences would have resulted from a pursuit.
On the 22d, in the evening, when the question of the
•evaeuetion was considered and decided, the enemy
was no longer in confusion ; and they had resumed
the position of Cabeca de Montachique between us
and Lisbon.
The relative situation of the two armies was then
to be taken into consideration, as well as in the other
case ; but that of the French army had been materi-
ally improved by our omission to pursue our advan-
tages; and we were then to look to our relative I
means of annoying each other, and our own objects.
I have already detailed to the Court, in a former
statement, the relative situation and means of the
two armies at that period of time, and I conceive that
the battle of the 21st of August could be taken into
consideration in the discussion of the question, whe-
ther the French should be allowed to evacuate Por-
tugal or not, only in this way, viz. that it was a trial '1
of strength between the two contending
_armies, and
it proved the superiority of that of his Majesty.
It was also clear to me, that the French would not
. risk another action; that their object was to secure a
retreat across the Tagus; and that they would use
their positions in front of Lisbon to facilitate and se-
cure that object.
As I have already explained to the Court, we had
no means, on the .22d, of preventing them from effec-
ting that object ; from which I did and do still think
it was important to us to preclude them, excepting a
Convention for the evacuation of Portugal.
No. V*

SIR ARTHUR WELLESLEY'S STATEMENT RESPECTING HIS
CORRESPONDENCE WITH THE BISHOP OF OPORTO.
GENERAL Slit DAVID DUNDAS,
- MY LORDS, AND GENTLEMEN,
At a former meeting of the Court, Lieutenant-Ge.
neral Sir Hew Dalrymple expressed a wish that the
Court should have before it a copy of the letter which
I was supposed to have addressed to the Bishop of
Oporto on the 24th of August, and I then told the
Court that I would lay betorts them all the letters I
had written to the Bishop of Oporto, of which I had'
copies among my papers. I find that I have the
copies of, only two letters, although I have written. 1
many, which I now lay before the Court ; and I should
have taken an earlier opportunity of laying these let-
ters
before the Court, only that one of them relates
io transactions in which Sir Harry Burrard was a
party ; and I was unwilling to make it public during
his absence.
In respect to the letter supposed to have been writ-
ten by me on the 24th August, I repeat that I have
no recollection of having
.written it ; and I have no
copy .of it ; and I think it probable, from aa istsccu.

\

_ • ___

racy of the date, from the address, and from some of
the expressions, that I did not write it ; but I adopt
as my own all the sentiments which it contains.
It congratulates the Bishop upon the prospect of
the evacuation of Portugal by the French, which the
Court will have observed I always considered a sub.
ject of congratulation; and it states that the agree.
ment for the suspension of hostilities, contains nothing
else that is remarkable, excepting a stipulation, that
the port of Lisbon should be considered a neutral port
in respect to the Russians.
It is well known and admitted, that there was ano-
ther part of that agreement to which I entertained
objections; but in respect to the Portuguese, it did
contain nothing remarkable, excepting this stipula-
tion ; and this remark, if I wrote the letter, rather
tends to confirm that which I have always stated were
my sentiments in respect to this stipulation.
This mode of laying a private letter before a Court
is not regular, any more than the mode of calling for
a letter of this description ; but if the Court should
be desirous of seeing this, or any other, letters of mine
to the Bishop of Oporto, in an official shape, they
may call for them at the office of the Secretary of
State for Foreign Affairs, through which channel I
doubt not they can be procured.

No. Vi.
GENERAL SIR DAVID DUNDAS,
AND
MY LORDS AND GENTLEMEN,
I trust that the Court will permit me to address a
few words to them upon this occasion. Although I
did differ, and do still differ in opinion, with Lieute-
nant-General Sir Harry Burrard, respecting the mea-
sures adopted immediately after the battle of the
21st of August, I hope it will not be deemed pre-
sumptuous in me as an inferior officer, to declare to
the Court and to the public, the opinion which I have
always entertained, that Sir Harry Burrard decided
upon that occasion on fair military grounds, in the
manner which appeared to him to be most conducive
to the interests of the country ; and that he had no
motive for his decision which could be supposed per-
sonal to me, or which as an officer he could not avow.

, APPENDIX.
A.
LETTER TO COLONEL MURRAY.
Head Quarters, Rama'lab, August 27, 1808.
Sic-1 have had the honour of receiving your letter of the 26th
Inst. and at the same time one from General Junot, which I in-
close, which differs materially from that which you wrote to me.
I should judge from the former, that the execution of any Con-
vention which may be agreed upon between General Kellermann
and yourself, must depend upon the conclusion of an agreement
between Sir Charles Cotton and Admiral Siniavin, which is en-
tirely inconsistent with my intentions. I beg that you will pre-
♦ail upon General Kellermann to explain General Junot's inten-
tions on this point ; and if they should not be conformable to
mine, you will break up the negotiations, and come away as soon
as possible.
I have also to observe upon the expression used by General Ju-
not, in his letter, respecting the prolongation of the time of the
suspension of hostilities, which must convey a different idea from
"that which you had given to him.
My intention is, and I hereby authorize you, to prolong, for
twenty-four hours, the term of the suspension of hostilities, if
you should find it necessary, in order to bring the negociation to
a conclusion, if General Junot, or General Kellermann for him,
should explain, in a satisfactory manner, his sentiments on the
point referred to in the first part of this letter ; but if he should
not, you are, as above instructed, to break off the negotiation at
once, and arrive here before the first term will be concluded.
I beg that you will peruse and give the inclosed letter to Gene-
ral Kellermann, to be delivered to General Junot, and inform his
Excellency, that as I have appointed you to conduct and conclude
an important negociation with him, it is desirable that he should
transmit, through you, any further communications he may Ise
desirous of making to me. (Signed) St. w. DA LR YMPLE.
E. C.
B. •
DEFINITIVE CONVENTION FOR THE EVACUATION OF
PORTUGAL BY THE FRENCH ARMY.

The Generals commanding in chief the British and French
armies in Portugal, having determined to negotiate and conclude
a treaty for the evacuation of Portugal by tke French troops, on
the basis of the agreement entered into on the esd inst. for a sus-
pension of hostilities, have appointed the undermentioned officers
to negociate the same in their names, viz. on the part of the Ge-
neral in Chief of the British army, Lieutenant Colonel Murray,
Quarter-master General ; and on the part of the General in Chief
of the French army, Monsieur Kellermann, General of Division;
to whom they have given authority to negociate and conclude a
Convention to that effect, subject to their ratification respective-
ly, and to that of the Admiral commanding the British fleet at
the entrance of the Tagus. -
These two officers, after exchanging their full powers, have
agreed upon the articles which follow :
Art. I. AU the places and forts in the kingdom of Portugal, oc-
cupied by the French troops, shall be delivered up to the British
army, in the state in which they are at the period of the signature
of the present Convention.
Art. 11. The French troops shall evacuate Portugal with their
arms and baggage ; they shall not be considered as prisoners of
war, and on their arrival in France they shall be at liberty to
serve. •
Art. 111. The English Government shall furnish, at its ex-
pence, the means of conveyance for the French army, which shall
be disembarked in any of the ports of France betweea Rochefort
and L'Orient inclusively.
Art. IV. The French army shall carry with it all its artillery of
French calibre, with the horses belonging to it, and the tumbrils
supplied with sixty rounds per gun.
Art. V. The French army shall Carry with it all its equipments,
and all that is comprehended under the name of property of the
army ; that is to say, its military chest, and the carriages attach-
ed to the field commissariat and field hospitals : or shall be al-
lowed to dispose of such part of the same, on its account, as the
Commander in Chief may judge it unnecessary to embark. In
like manner all individuals of the army shall be at liberty to dis-
pose of their private property of every description, with full secu-
rity hereafter for the purchasers.
Art. VI. The cavalry are to embark their horses, and the ge-
nerals and other officers the number allowed to each by the regu-
lations of the French service ; it is, however, fully understood that
the means of conveyance for the horses at the disposal of the Bri-
tish commanders are very limited ; some additional conveyance
may be procured in the port of Lisbon ; and at all events every
facility will be given to dispose of the horses belonging to it, which
cannot be embarked.
Art. VII. In order to facilitate the embarkation, it shall take
place in three divisions, the last of which will be principally com-
posed of the garrisons of places, of the cavalry, the artillery, the
sick, and the equipments of the army.
Art. VIII. The garrison of Elvasandits forts, and of renicheand
Palmella, will be embarked at Lisbon; that of Almeida at Oporto,
or the nearest harbour. • They will be accompanied on their
march by British commissaries, charged with providing for their
subsistence and accommodation.
Art.lX. All sick and wounded, who cannot be embarked with
the troops, are entrusted to the British army. They are to bt
taken care of whilst they remain in this country, at the expence
of the British government, under the condition of the same being
reimbursed by France, when the final evacuation is effected. The
English government will provide►,for theirritarn to France,which
shall take place by detachments of about 150 or 200 men at a
time : a sufficient number of French medical officers shall be
left behind to attend them.

Art. X. As soon as the vessels employed to carry the army to
France, shall have disembarked it in the harbours specified, or in
any odicr of the ports of France, to which .stress,of weather may
f‘sree them, every facility slaU be given thorn to return to Eng-

•
..-

.• 1 s

;~

_

/and without delay, and seetiiity against-tiptoe, Mid theirs:rigid
in a friendly port.
Art. XI. The French shall be esneentrateci le Lisbon, and
Within r distance of two leagues from la The English ar will
approach width; three leagues of the capital, and wilt be so placed
as to leave about one league between the two armies.
Art. XII. The fortresses of Elvas, Almeida, Penicke, and Pal,
mella, shall be given up as soon as the British troops cah arrive
to occupy than. In the mean time the General hi Chief of the
British army will give notice of the present Convention to the
garrisons of those places, as also to the troops before them, in or-
der to put a stop to all further hostilities. The occupation of Lis,
bon, and of the forts of St. Julien anti the %gist, together with •
the other defences of the Tagus, shall take place on the embarka-
tion of the second division of the French army. Immediately on
the exchange of the ratification, the British troops shall be put is
possession of the forts of Cascees, and the other forts to the
right of St. Julien.
Art. XIII. The transports destined for the embarkation, and
such ships of war as may be necessary towards that service, shall
be inimeiliately admitted into the Tagus.
Art. XIV. Commissaries shall be named on both sides to tee
gulate and accelerate the arrangements agreed upon.
Art. XV. Should there arise doubts as to the meaning of any
article, it shall be explained favourably to the-French army,
Art. XVI. From the date of the ratification of the preseht
Convention by the _Commanders in Chief by lard sad sea, all
contributions or requisitions shall cease, throughout Portugal, on
the Fait of the French army.
Art. XVII. All subjects of France, or of powers fit friendship
or alliance with France, dotaciliated in Portugal, or accidentally
it. this country, shall be protected ; their property of every kind,
moveable and immoveable, shall be respected; and they shall be
at liberty either to accompany the French army, or to remain in
Portugal. In either case their property is guaranteed to them,
with the liberty of retaining or of disposing of it, and passing the
produce of the sale thereof into France, or any other country
where they may ha their residence, the space of one year being
allowed them for that purpose.
Art. XVIII. No ruitige of Portugal shall be rendered accounta•
ble for his political conduct during the period of the occupation of
this country by the French army. And all those who have con-
tinued in th 4 exercise of their employments, or who have accept-
ed situations ur.der the French government, are placed under the
protection of the British commanders ; they shall sustain no in-
jury in their persons ur property, it not having been at their op-
tion to be obedient or nut to the French government. They are
also at liberty to avail themselves of the stipulations of the seven-
teenth article.
Art. XIX. The Spanish prisoners detained on board ship in
the port of Lisbon, shalt be given up to the General in Chief of
the British army, who engages to obtain of the Spaniards to re-
store such #rench subjects, either military or civil, as may have
been detained in Spain, without being taken in battle or In con-
sequence of military operations, but on occasion of the occur-
rences of the 29th of last May, and the days immediately fol-
lowing.

Art. XX. There shall be an immediate exchange established
for all ranks of prisoners made in Portugal since the commence*
ment of the present hostilities.
Art. XXI. Hostages shall be mutually given for the guarantee
. .

of the present Convention until its finaicOmpletion.
Art. XXII. It shall be allowed to the General in Chief of the

French army to send an officer to France with the intelligence of
the present Convention. A vonalwill be forwarded, furnished
by the British Admiral, to exam him to Boordeaux or Roche-
fort.

Art. XXIII. The British Admiml will be invited to accommo-
date his Excellency the Commander in Chief, and the other prin-
cipal officers of the French army, on board of ships of war.

Done and concluded et Lisbon, this 25th day of August, MOIL
(Signed) GE OILGZ MUIRAT Quarter-Master•GeneraL
Le General de Divisions KILLEILMANN.
•
ADDITIONAL ARTICLES TO THE CONVENTION OF THE
28TH AUGUST, 1808.
Art. I. The Seventeenth Article having particularly in view the
subjects of his Danish Majesty, Lieutenant Colonel Murray admits
having been apprized of the same, and that he considers the stipu-
lations of that Article to be applicable to them in their full extent.
Art.ll. The individuals in the civil employment of the army
made prisoners, either by the British troops, or by the Portuguese,
in %ay part of Portugal, will be restored,, as is customary, with•
out a chatge.

Art. 111. The neneh'army "shall be subsisted from its own
magazines, up to the day of the embarkation ; the garrisons, up
to the day of the evacuation of the fortresses : the remaindLr
of the magazines shall be delivered over, in the usual form,
to the British government, which charges itself with the sub-
sistence of the men and horses of the army from the above-
mentioned periods, till their arrival in France, under the condi-
tion of being reimbursed by the French government, for the ex-
cess of the ezpence, beyond the estimation to be made by both
parties of the value of the magazines delivered up to the British
army.
- - - - -

Art. IV. The General commanding the British troops will take

the necessary measures for re-establishing the free circulation of
the means of subsistence between the country and the'capital.

Art. V. Should it be found necessary to employ Danish vessels,
or those of any other nation, in tarrying the French army, in aid
of the British transports, they shall, in like manner with these
latter, quit the ports of France immediately on the disembarka-
tion being effected.
They are not to be detained in France on any pretext, and they
shall enjoy the same advantaf.e stipulated for the English ships, of
returning unmolested to a friendly port.
Done and concluded at Lisbon this 28th day of August, 1608.
(Signed) GeoRGE MURRAY, Quarter-Master-General.
Le General de Division, KILLERMANN.
ALTERATIONS, DIRECTED TO BE MADE, TO THE TREATY
OF THE 28TH AUGUST.
Art. 111. The words i ra fraies to be omitted.
Art. V. Is understood to apply to the baggage usually possesses
by military officers and persons attached to the army, as explained,
by General Kellermann, in the negotiation for the agreement for
the suspension of hostilities.
Property belonging to churches, monasteries, galleries of
paintings, Btc. ecc. cannot be carried away. in respect to the
security of purchases of property, it is a question of law in which
the Commander in Chief cannot interfere.
Art. VL Must run thus "La cavallerie ernbarquers ses che.

vaux, les officiers gencraux et autres de tout rang embarqueront
le nombre de chevaux qui leer soot accordes par les lois Iran-
caiaes, pourvu que le GenErai en Chef de l'armee Fransaine pent
trouver les moyens de transport de ce genre, au terns fixé pour
l'embarquement de l'armee Fransaise.

11 sera: accorde, I l'ormie Franiaise, toute facilite pour disposer