By the first article of the Convention it is covenanted, that all the places and forts in the kingdom of Portugal, occupied by the French troops, shall be delivered to the British army. Articles IV. and XII. are to the same effect—determining the surrender of Portugueze fortified places, stores, and ships, to the English forces; but not a word of their being to be holden in trust for the prince regent, or his government, to whom they belonged! The same neglect or contempt of justice and decency is shewn here, as in the preamble to these instruments. It was further shewn afterwards, by the act of hoisting the British flag instead of the Portugueze upon these forts, when they were first taken possession of by the British forces. It is no excuse to say that this was not intended. Such inattentions are among the most grievous faults which can be committed; and are impossible, when the affections and understandings of men are of that quality, and in that state, which are required for a service in which there is any thing noble or virtuous. Again, suppose that it was the purpose of the generals, who signed and ratified a Convention containing the articles in question, that the forts and ships, &c. should be delivered immediately to the Portugueze government,—would the delivering up of them wipe away the affront? Would it not rather appear, after the omission to recognize the right, that we had ostentatiously taken upon us to bestow—as a boon—– that which they felt to be their own?
Passing by, as already deliberated and decided upon, those conditions, (Articles II. and III.) by which it is stipulated, that the French army shall not be considered as prisoners of war, shall be conveyed with arms, &c. to some port between Rochefort and L’Orient, and be at liberty to serve; I come to that memorable condition, (Article V.) ’that the French army shall carry with it all its equipments, that is to say, its military chests and carriages, attached to the field commissariat and field hospitals, or shall be allowed to dispose of such part, as the Commander in Chief may judge it unnecessary to embark. In like manner all individuals of the army shall be at liberty to dispose of their private property of every description, with full security hereafter for the purchasers.’ This is expressed still more pointedly in the Armistice,—though the meaning, implied in the two articles, is precisely the same. For, in the fifth article of the Armistice, it is agreed provisionally, ’that all those, of whom the French army consists, shall be conveyed to France with arms and baggage, and all their private property of every description, no part of which shall be wrested from them.’ In the Convention it is only expressed, that they shall be at liberty to depart, (Article II.) with arms and baggage, and (Article V.) to dispose of their private property of every description. But, if they had a right to dispose of it, this would include a right