be executed. The object of the first was, to relieve himself from embarrassment, and that of your excellency to obtain conditions, which, though impossible, would do honour to your surrender. Each has obtained what he desired, and now the imperious law of necessity must be obeyed. The national character does not permit us to treat the French otherwise than this law prescribes. We cannot use reprisals. Your excellency obliges me to utter truths which cannot but be bitter. What right has an army to demand the execution of impossiblearticles of capitulation, which entered Spain professing friendship and alliance, imprisoned our king and the royal family, plundered his palaces, assassinated and robbed his subjects, ravaged his towns, and deprived him of his crown? If your excellency is not desirous to draw upon you more and more the just indignation of the people, which I am labouring so much to repress, cease to advance such inadmissible pretensions, and endeavour, by submission, and a suitable behaviour, to weaken the strong sense of the atrocities you recently committed at Cordova. Your excellency may be assured that my object in making this intimation to you is no other than your own welfare. The unreflecting vulgar only wish to return evil for evil, without weighing circumstances. I cannot omit declaring your excellency answerable for the fatal results which may proceed from your repugnance to that which is inevitable. The orders given by Don Juan Creagh, and communicated to your excellency, are those of the supreme junta, and are indispensible, under the actual circumstances. To retard their execution would alarm the people, and occa

sion inconveniencies. M. Creagh has already informed me of an occurrence which makes me exceedingly upon my guard. What an effect must it have upon the people to know that a single soldier was carrying away 2580 livres Tournois ! This is what I had to reply to your excellency's note, and I hope that this will be my last answer to such points: Remaining, in other respects, desirous to serve you, being your sincere and obedient servant.

Cadiz, 10th August, 1808.

No. 32.-Answer of the Captain General of the Province and Governor of Cadiz, to the Letters of General Dupont, on occasion of what took place on the 13th inst. at the Port of Santa Maria.

Excellentissimo Senor General Dupont, It is with extreme surprise that I received your excellency's letter of yesterday, in which you make a demand of the equipages, money, horses, and various commodities belonging to you and the general who accompanied you, which the populace of Santa Maria plundered and destroyed. Invoking the principles of honour and probity for the restitution of YOUR PROPERTY, the horrible excesses (your excellency continues) committed by this people have made me sigh, zealous as I am of the glory of Spain !!!

Certainly I have been hurt at their conduct; not because I thought the action in itself bad, but because it implied, on the part of the people, a distrust of their government and magistrates; because they took the administration of justice into their own hands; because it might have happened, that, when enraged, they might assume the vile and horrid employment of executioners; pollu

ting themselves with the blood of the disarmed, and throwing a shade over the glory of their fellow-patriots, by shedding the blood of those they had pardoned in the field of Mars. These are, in fact, the causes of my concern and displeasure. These were the reasons which induced me to write to Col. Don Juan Creagh, to propose for the safety of your excellency, and the others who accompanied you, that your equipage should be examined, and deposited before you left Lebrija; that your excellency should spend the night at Xerez; and that a regiment should be put under arms at Puerto, to suppress any insurrection, where, from the confidence of the governor, there were no troops armed. I therefore wrote to your excellency, that submission and a prudent demeanour could alone save you from the rage of the people. But it never was my intention, and still less that of the supreme junta, that your excellency and your army should carry out of Spain the fruit of your rapacity, cruelty, and impiety. How could your excellency conceive this possible? How could you imagine us to be so stupid and senseless? Can a capitulation which speaks only of your equipage give you a property in the treasures which your army has accumulated by means of assassinations, cruelty, and sacrilege of the most horrid kind, at Cordova and other cities? Is there any reason or right which requires that faith, or even humanity, should be observed towards an army which entered the kingdom of a friend and ally under false and ridiculous pretences, seizing perfidiously its beloved and innocent king, and all his family, and extorting from him renunciations, which can never be executed,

in favour of their monarch; thinking these renunciations confer a right to plunder the palaces and towns of the kingdom; and because the nation will not submit to this, proceed to profane and plunder the temples of religion, and murder the ministers of the altar, ravishing virgins, seizing every article of value they can transport, and destroying what they were forced to leave behind? Is it possible that they, when deprived of the horrid fruits of their iniquity, should have the impudence to appeal to the principles of honour and probity? My natural moderation has induced me to write to your excellency hitherto with a certain respect; but in opposition to such extraordinary demands, which are equivalent to this: "Do you sack the temples and inhabitants of Cadiz in order to indemnify me for the plunder of Cordova and other cities which the populace of the port have taken from me?" I could not refrain from drawing a slight sketch of your conduct. Your excellency will lay aside such false expectations, and congratulate yourself that the Spanish people, as I have already said, have so noble a character, that they will abstain from exercising the vile office of executioners. I shall do all that is in my power to secure your personal security, and furnish you with a regular subsistence, and use all dispatch to cause you to be transported as soon as possible to France. This is what I had to reply to your excellency, towards whom, in other respects, I profess esteem, being your humble servant.I kiss your hands.

Cadiz, August 14, 1808.

No. 33.-Justification to the Spanish Nation of the conduct of the Cap

tain-General of Andalusia towards Dupont and the other French Generals.

Having repeatedly received anonymous letters from various cities of Spain, and even from Madrid, insisting that my honour and the national justice and service required the extermination of Dupont and the other French generals; some adding also, that this bloody sentence should have been executed upon all the prisoners,-I deem it incumbent upon me to avow the reasons which led me not to accede to such cruel desires, and to oppose vigorously their being carried into execution. I confess that the first of these anonymous letters, by their bad writing and coarse style, appeared to me to proceed from persons low, ignorant, and habituated to crimes, who delight only in the effusion of human blood; but, at the same time, the elegant style and the consistent reasoning employed in others of those letters convinced me that those opinions were adopted by persons not without information and education ; so that I could not but doubt the justness of my own notions, being so opposite to theirs. But I shall now state them simply, that they may be duly appreciated by all. In the first place, I do not execute, or desire to execute, the supreme power; and it was the junta of Seville which, for weighty reasons, not fit for the public, suspended the transportation of Dupont and the other French generals. I had only to obey; for it is not in my character or manner of thinking ever to resist a constituted authority, which can only occasion civil dissensions the greatest evils a nation can suffer, and which I shall never spare any sacrifices to avoid. But inde

pendently of this substantial reason for my conduct, how could I ever adopt so atrocious a vengeance, and which must draw after it such melancholy and horrible consequences? If Murat, Dupont, Junot-if the troops they command have committed rapes, robberies, and murders, and have violated the temples, these acts have been committed either with or without the orders of their sovereign. In the first case, he will punish them; and in the second, if we punish them, not catching the perpetrators in the fact, and punishing violence by violence, but after they have surrendered their arms, on the faith of a capitulation, granted by the only legitimate authority, in this case, Napoleon would not fail to exercise the right of retaliation; and, consequently, all those would be the victims of his rage whom his base policy did not wish to preserve. The sanguinary executions which would follow would make the whole nation bitterly lament, those included who had even demanded the punishment of Dupont. Every one would say then, I have no doubt, "You, Morla, with your years, study, and experience, ought to have foreseen the melancholy result of our wishes: How could you accede to them? Did you not perceive that they were produced by the disgusting aspect of French atrocities, and the continual declamations of an unthinking populace, who are unable to combine, who see not the tendencies of things, and are always guided by first impressions? If you foresaw this, you were a traitor; if not, you were a fool." It is this want of combining ideas, this habit of giving way to first impressions, which occasion the populace, and, most of all, the women, to treat the prisoners ill in all wars:

not being themselves exposed to reprisals, they do not see what the enemy may inflict upon the brave and honourable soldier who defends them. But they who are themselves exposed to suffer the cruelty of the enemy, are themselves generous and humane. Our champions of Baylen, who had faced the most violent attacks of the enemy-who saw their companions dead before them, or uttering their last groans who were covered with their own blood, and had been eye-witnesses of the depravity and iniquity of the enemy,- -no sooner had Dupont and his army thrown down their arms, than these very men laid aside their anger, furnished them with waggons, and magnanimously fed them with their own hands. This is the effect produced by the idea of being exposed to a similar situation. But, on the contrary, people removed from the seat of war-they who are exempt from military duties, and who avoid them, and fly from them through pusillanimity, they endeavour to display the valour which they have not, by bravadoes, and by canvassing military operations, giving it to be understood, that in them are to be found more skill and valour. These are they, who, feeling the valour of a hangman, wish to supply his place, by exterminating those whom their generous countrymen have conquered; being eager to execute those whom military force has vanquished. These, too, are the persons who, on the present occasion, have stripped the vanquished; not in the noble design of furnishing the state with the means of continuing the war, nor with the just intention of returning the plunder to the lawful owners; but merely to appropriate to themselves the booty, in defiance of all law and

probity. Happily it is only the lowest of the populace, who in this respect, depart from the characteristic nobleness and generosity of the Spanish people. Not to insult the van

quished, not to avenge injuries on the fallen, and to forgive the prostrate, are virtues indelible on the Spanish heart. It is only rooted vice, the wretchedness resulting from the worst of education and the grossest stupidity, which are able to efface them. On the contrary, since the introduction of the Christian religion, and the civilization spread by that luminous torch of divinity over the select of mankind-after having recognised the precept, to love our enemies, all the nations which have obeyed it have laid aside the cruelties and barbarities practised in war before that time. To be massacred, mutilated, or enslaved, was then the common fate of prisoners. But who would presume now, in defiance of religion, humanity, and civilization, to re-establish those barbarous practices? I will never believe this of my countrymen. On the contrary, I hope that they will rectify their ideas, and direct their energies not to a low revenge, free from all immediate danger, but to augment, by a devotion of themselves and their property, the means of carrying on a vigorous and active warfare against our enemies, not merely driving them from our territory, but pursuing them into their own, making them experience, in the field of battle, the whole resentment of a noble nation, perfidiously deceived, and grievously offended. TOMAS DE MORLA.

No. 34-PROCLAMATION.Don Joseph, by the grace of God, of Spain, Majorca, Minorca, Gibraltar, of the Continent of America, the Islands, &c. &c. &c. King, &c. &c.,

To the Vice-Roys, Captain-General, Governors, Corregidors, and to all other officers, civil and military, of whatever denomination, and to all the inhabitants of the Spanish do-. minions in the West and East Indies, maketh known, that,

By virtue of the treaties of the 5th and 10th of May last, by which king Charles IV, and the princes of his house, have formally relinquished all right and title to the crown of Spain, and all the dominions belonging to it, in favour of my dear and august brother, Napoleon the First, emperor of the French, king of Italy, &c., who hath been graciously pleased to confer the same upon me, on the 4th of the present month, my wishes and my ambition have been to come to Spain, to take upon me the government of the country-to devote myself to the happiness and interest of the people whom Providence has committed to my charge and to carry into effect the regulations which shall be made by the junta of the Representatives and Notables of the kingdom; which junta is assembled at Bayonne, and will be again called together at that place on the 15th instant, in order to take into consideration the means of establishing a just and permanent government, and of placing Spain, with all her exclusive dominions, on a better footing, by securing her independence, and raising her to that rank in the scale of nations which formerly distinguished her, and which her inhabitants are still worthy to possess. To accomplish this object, I have accepted the crown. I hasten to make this declaration of my paternal solicitude for your happiness, and to assure you that it shall be exerted equally for the good of the remotest parts of my dominions.

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Confiding in my royal word, you shall continue to enjoy all your privileges as good subjects. Prosecute your ordinary avocations in peace. Be obedient to your superiors, and guard against the machinations of those who set the laws at defiance. Justice must be administered impartially; and I strictly enjoin all judges and magistrates to comply with my pleasure in this subject. Look up to me as your protector: I shall ever have your interest at heart, and will double my endeavours to defend you from the attack which the implacable enemies of Spain meditate against you.

I enjoin all archbishops, bishops, and ministers of religion, which I pledge myself to maintain inviolate, to use their influence among the peopel to make them obedient to the laws, and to guard them against the dangerous consequences of sedition and treason. I repeat my declaration, that my government shall be founded on justice, and my sole object be the accomplishment of your happiness. All governors, judges, &c., are commanded to give the ut most publicity to this proclamation. I, THE KING.

Given at Bayonne, June 11, 1808. By order of the king, our most gracious sovereign,

M. Jos. D'AZANZA.

No. 35.-Manifesto, or Justificatory Exposition of the conduct of the Court of Portugal with respect to France, from the Commencement of the Revolution to the time of the Invasion of Portugal, and of the Motives which compelled it to declare War against the Emperor of the French, in consequence of that Invasion, and the subsequent Declaration of War, made after the