And this leads me from the contemplation of their errors in the estimate and application of means, to the contemplation of their heavier errors and worse blindness in regard to ends. The British Generals acted as if they had no purpose but that the enemy should be removed from the country in which they were, upon any terms. Now the evacuation of Portugal was not the prime object, but the manner in which that event was to be brought about; this ought to have been deemed first both in order and importance; — the French were to be subdued, their ferocious warfare and heinous policy to be confounded; and in this way, and no other, was the deliverance of that country to be accomplished. It was not for the soil, or for the cities and forts, that Portugal was valued, but for the human feeling which was there; for the rights of human nature which might be there conspicuously asserted; for a triumph over injustice and oppression there to be achieved, which could neither be concealed nor disguised, and which should penetrate the darkest corner of the dark Continent of Europe by its splendour. We combated for victory in the empire of reason, for strongholds in the imagination. Lisbon and Portugal, as city and soil, were chiefly prized by us as a language; but our Generals mistook the counters of the game for the stake played for. The nation required that the French should surrender at discretion; — grant that the victory of Vimiera had excited some unreasonable impatience — we were not so overweening as to demand that the enemy should surrender within a given time, but that they should surrender. Every thing, short of this, was felt to be below the duties of the occasion; not only no service, but a grievous injury. Only as far as there was a prospect of forcing the enemy to an unconditional submission, did the British Nation deem that they had a right to interfere; — if that prospect failed, they expected that their army would know that it became it to retire, and take care of itself. But our Generals have told us, that the Convention would not have been admitted, if they had not judged it right to effect, even upon these terms, the evacuation of Portugal — as ministerial to their future services in Spain. If this had been a common war between two established governments measuring with each other their regular resources, there might have been some appearance of force in this plea. But who does not cry out at once, that the affections and opinions, that is, the souls of the people of Spain and Portugal, must be the inspiration and the power, if this labour is to be brought to a happy end? Therefore it was worse than folly to think of supporting Spain by physical strength, at the expence of moral. Besides, she was strong in men; she never earnestly solicited troops from us; some of the Provinces had even refused them when offered, — and all had been lukewarm in the acceptance of them. The Spaniards could not ultimately be benefited but by Allies acting under the same impulses of honour, roused by a sense of their wrongs, and sharing their loves and hatreds — above all, their passion for justice. They had themselves given an example, at Baylen, proclaiming to all the world what ought to be aimed at by those who would uphold their cause, and be associated in arms with them. And was the law of justice, which Spaniards, Spanish peasantry, I might almost say, would not relax in favour of Dupont, to be relaxed by a British army in favour of Junot? Had the French commander at Lisbon, or his army, proved themselves less perfidious, less cruel, or less rapacious than the other? Nay, did not the pride and crimes of Junot call for humiliation and punishment far more importunately, inasmuch as his power to do harm, and therefore his will, keeping pace with it, had been greater? Yet, in the noble letter of the Governor of Cadiz to Dupont, he expressly tells him, that his conduct, and that of his army, had been such, that they owed their lives only to that honour which forbad the Spanish army to become executioners. The Portugueze also, as appears from various letters produced before the Board of Inquiry, have shewn to our Generals, as boldly as their respect for the British Nation would permit them to do, what they expected. A Portugueze General, who was also a member of the regency appointed by the Prince Regent, says, in a protest addressed to Sir Hew Dalrymple, that he had been able to drive the French out of the provinces of Algarve and Alentejo; and therefore he could not be convinced, that such a Convention was necessary. What was this but implying that it was dishonourable, and that it would frustrate the efforts which his country was making, and destroy the hopes which it had built upon its own power? Another letter from a magistrate inveighs against the Convention, as leaving the crimes of the French in Portugal unpunished; as giving no indemnification for all the murders, robberies, and atrocities which had been committed by them. But I feel that I shall be wanting in respect to my countrymen if I pursue this argument further. I blush that it should be necessary to speak upon the subject at all. And these are men and things, which we have been reproved for condemning, because evidence was wanting both as to fact and person! If there ever was a case, which could not, in any rational sense of the word, be prejudged, this is one. As to the fact — it appears, and sheds from its own body, like the sun in heaven, the light by which it is seen; as to the person — each has written down with his own hand, I am the man. Condemnation of actions and men like these is not, in the minds of a people, (thanks to the divine Being and to human nature!) a matter of choice; it is like a physical necessity, as the hand must be burned which is thrust into the furnace — the body chilled which stands naked in the freezing north-wind. I am entitled to make this assertion here, when the moral depravity of the Convention, of which I shall have to speak hereafter, has not even been touched upon. Nor let it be blamed in any man, though his station be in private life, that upon this occasion he speaks publicly, and gives a decisive opinion concerning that part of this public event, and those measures, which are more especially military. All have a right to speak, and to make their voices heard, as far as they have power. For these are times, in which the conduct of military men concerns us, perhaps, more intimately than that of any other class; when the business of arms comes unhappily too near to the fire-side; when the character and duties of a soldier ought to be understood by every one who values his liberty, and bears in mind how soon he may have to fight for it. Men will and ought to speak upon things in which they are so deeply interested; how else are right notions to spread, or is error to be destroyed? These are times also in which, if we may judge from the proceedings and result of the Court of Inquiry, the heads of the army, more than at any other period, stand in need of being taught wisdom by the voice of the people. It is their own interest, both as men and as soldiers, that the people should speak fervently and fearlessly of their actions: — from no other quarter can they be so powerfully reminded of the duties which they owe to themselves, to their country, and to human nature. Let any one read the evidence given before that Court, and he will there see, how much the intellectual and moral constitution of many of our military officers, has suffered by a profession, which, if not counteracted by admonitions willingly listened to, and by habits of meditation, does, more than any other, denaturalize — and therefore degrade the human being; — he will note with sorrow, how faint are their sympathies with the best feelings, and how dim their apprehension of some of the most awful truths, relating to the happiness and dignity of man in society. But on this I do not mean to insist at present; it is too weighty a subject to be treated incidentally: and my purpose is — not to invalidate the authority of military men, positively considered, upon a military question, but comparatively; — to maintain that there are military transactions upon which the people have a right to be heard, and upon which their authority is entitled to far more respect than any man or number of men can lay claim to, who speak merely with the ordinary professional views of soldiership; — that there are such military transactions; — and that this is one of them.
The condemnation, which the people of these islands pronounced upon the Convention of Cintra considered as to its main military results, that is, as a treaty by which it was established that the Russian fleet should be surrendered on the terms specified; and by which, not only the obligation of forcing the French army to an unconditional surrender was abandoned, but
its restoration in freedom and triumph to its own country was secured; — the condemnation, pronounced by the people upon a treaty, by virtue of which these things were to be done, I have recorded — accounted for — and thereby justified. — I will now proceed to another division of the subject, on which I feel a still more earnest wish to speak; because, though in itself of the highest importance, it has been comparatively neglected; — mean the political injustice and moral depravity which are stamped upon the front of this agreement, and pervade every regulation which it contains. I shall shew that our Generals (and with them our Ministers, as far as they might have either given directions to this effect, or have countenanced what has been done) — when it was their paramount duty to maintain at all hazards the noblest principles in unsuspected integrity; because, upon the summons of these, and in defence of them, their Allies had risen, and by these alone could stand — not only did not perform this duty, but descended as far below the level of ordinary principles as they ought to have mounted above it; — imitating not the majesty of the oak with which it lifts its branches towards the heavens, but the vigour with which, in the language of the poet, it strikes its roots downwards towards hell: —
Radice in Tartara tendit.
The Armistice is the basis of the Convention; and in the first article we find it agreed, ‘That there shall be a suspension of hostilities between the forces of his Britannic Majesty, and those of his Imperial and Royal Majesty, Napoleon I.’ I will ask if it be the practice of military officers, in instruments of this kind, to acknowledge, in the person of the head of the government with which they are at war, titles which their own government — for which they are acting — has not acknowledged. If this be the practice, which I will not stop to determine, it is grossly improper; and ought to be abolished. Our Generals, however, had entered Portugal as Allies of a Government by which this title had been acknowledged; and they might have pleaded this circumstance in mitigation of their offence; but surely not in an instrument, where we not only look in vain for the name of the Portugueze Sovereign, or of the Government which he appointed, or of any heads or representatives of the Portugueze armies or people as a party in the contract, — but where it is stipulated (in the 4th article) that the British General shall engage to include the Portugueze armies in this Convention. What an outrage! — We enter the Portugueze territory as Allies; and, without their consent — or even consulting them, we proceed to form the basis of an agreement, relating — - not to the safety or interests of our own army — but to Portugueze territory, Portugueze persons, liberties, and rights, — and engage, out of our own will and power, to include the Portugueze army, they or their Government willing or not, within the obligation of this agreement. I place these things in contrast, viz. the acknowledgement of Bonaparte as emperor and king, and the utter neglect of the Portugueze Sovereign and Portugueze authorities, to shew in what spirit and temper these agreements were entered upon. I will not here insist upon what was our duty, on this occasion, to the Portugueze — as dictated by those sublime precepts of justice which it has been proved that they and the Spaniards had risen to defend, — and without feeling the force and sanctity of which, they neither could have risen, nor can oppose to their enemy resistance which has any hope in it; but I will ask, of any man who is not dead to the common feelings of his social nature — and besotted in understanding, if this be not a cruel mockery, and which must have been felt, unless it were repelled with hatred and scorn, as a heart-breaking insult. Moreover, this conduct acknowledges, by implication, that principle which by his actions the enemy has for a long time covertly maintained, and now openly and insolently avows in his words — that power is the measure of right; — and it is in a steady adherence to this abominable doctrine that his strength mainly lies. I do maintain then that, as far as the conduct of our Generals in framing these instruments tends to reconcile men to this course of action, and to sanction this principle, they are virtually his Allies: their weapons may be against him, but he will laugh at their weapons, — for he knows, though they themselves do not, that their souls are for him. Look at the preamble to the Armistice! In what is omitted and what is inserted, the French Ruler could not have fashioned it more for his own purpose if he had traced it with his own hand. We have then trampled upon a fundamental principle of justice, and countenanced a prime maxim of iniquity; thus adding, in an unexampled degree, the foolishness of impolicy to the heinousness of guilt. A conduct thus grossly unjust and impolitic, without having the hatred which it inspires neutralised by the contempt, is made contemptible by utterly wanting that colour of right which authority and power, put forth in defence of our Allies — in asserting their just claims and avenging their injuries, might have given. But we, instead of triumphantly displaying our power towards our enemies, have ostentatiously exercised it upon our friends; reversing here, as every where, the practice of sense and reason; — conciliatory even to abject submission where we ought to have been haughty and commanding, — and repulsive and tyrannical where we ought to have been gracious and kind. Even a common law of good breeding would have served us here, had we known how to apply it. We ought to have endeavoured to raise the Portugueze in their own estimation by concealing our power in comparison with theirs; dealing with them in the spirit of those mild and humane delusions, which spread such a genial grace over the intercourse, and add so much to the influence of love in the concerns of private life. It is a common saying, presume that a man is dishonest, and that is the readiest way to make him so: in like manner it may be said, presume that a nation is weak, and that is the surest course to bring it to weakness, — if it be not rouzed to prove its strength by applying it to the humiliation of your pride. The Portugueze had been weak; and, in connection with their Allies the Spaniards, they were prepared to become strong. It was, therefore, doubly incumbent upon us to foster and encourage them — to look favourably upon their efforts — generously to give them credit upon their promises — to hope with them and for them; and, thus anticipating and foreseeing, we should, by a natural operation of love, have contributed to create the merits which were anticipated and foreseen. I apply these rules, taken from the intercourse between individuals, to the conduct of large bodies of men, or of nations towards each other, because these are nothing but aggregates of individuals; and because the maxims of all just law, and the measures of all sane practice, are only an enlarged or modified application of those dispositions of love and those principles of reason, by which the welfare of individuals, in their connection with each other, is promoted. There was also here a still more urgent call for these courteous and humane principles as guides of conduct; because, in exact proportion to the physical weakness of Governments, and to the distraction and confusion which cannot but prevail, when a people is struggling for independence and liberty, are the well-intentioned and the wise among them remitted for their support to those benign elementary feelings of society, for the preservation and cherishing of which, among other important objects, government was from the beginning ordained.
Therefore, by the strongest obligations, we were bound to be studious of a delicate and respectful bearing towards those ill-fated nations, our Allies: and consequently, if the government of the Portugueze, though weak in power, possessed their affections, and was strong in right, it was incumbent upon us to turn our first thoughts to that government, — to look for it if it were hidden — to call it forth, — and, by our power combined with that of the people, to assert its rights. Or, if the government were dissolved and had no existence, it was our duty, in such an emergency, to have resorted to the nation, expressing its will through the most respectable and conspicuous authority, through that which seemed to have the best right to stand forth as its representative. In whatever circumstances Portugal had been placed, the paramount right of the Portugueze nation, or government, to appear not merely as a party but a principal, ought to have been established as a primary position, without the admission of which, all proposals to treat would be p
eremptorily rejected. But the Portugueze had a government; they had a lawful prince in Brazil; and a regency, appointed by him, at home; and generals, at the head of considerable bodies of troops, appointed also by the regency or the prince. Well then might one of those generals enter a formal protest against the treaty, on account of its being ‘totally void of that deference due to the prince regent, or the government that represents him; as being hostile to the sovereign authority and independence of that government; and as being against the honour, safety, and independence of the nation.’ I have already reminded the reader, of the benign and happy influences which might have attended upon a different conduct; how much good we might have added to that already in existence; how far we might have assisted in strengthening, among our Allies, those powers, and in developing those virtues, which were producing themselves by a natural process, and to which these breathings of insult must have been a deadly check and interruption. Nor would the evil be merely negative; for the interference of professed friends, acting in this manner, must have superinduced dispositions and passions, which were alien to the condition of the Portugueze; — scattered weeds which could not have been found upon the soil, if our ignorant hands had not sown them. Of this I will not now speak, for I have already detained the reader too long at the threshold; — but I have put the master key into his possession; and every chamber which he opens will be found loathsome as the one which he last quitted. Let us then proceed.
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?
Delphi Complete Works of William Wordsworth Page 317