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It is indeed deplorable, that our Generals, from this infirmity, or from any other cause, did not assume that lofty deportment which the character and relative strength of the two armies authorized them, and the nature of the service upon which they were sent, enjoined them to assume;—that they were in such haste to treat—that, with such an enemy (let me say at once,) and in such circumstances, they should have treated at all. Is it possible that they could ever have asked themselves who that enemy was, how he came into that country, and what he had done there? From the manifesto of the Portugueze government, issued at Rio Janeiro, and from other official papers, they might have learned, what was notorious to all Europe, that this body of men commissioned by Bonaparte, in the time of profound peace, without a declaration of war, had invaded Portugal under the command of Junot, who had perfidiously entered the country, as the General of a friendly and allied Power, assuring the people, as he advanced, that he came to protect their Sovereign against an invasion of the English; and that, when in this manner he had entered a peaceable kingdom, which offered no resistance, and had expelled its lawful Sovereign, he wrung from it unheard-of contributions, ravaged it, cursed it with domestic pillage and open sacrilege; and that, when this unoffending people, unable to endure any longer, rose up against the tyrant, he had given their towns and villages to the flames, and put the whole country, thus resisting, under military execution.—Setting aside all natural sympathy with the Portugueze and Spanish nations, and all prudential considerations of regard or respect for their feelings towards these men, and for their expectations concerning the manner in which they ought to be dealt with, it is plain that the French had forfeited by their crimes all right to those privileges, or to those modes of intercourse, which one army may demand from another according to the laws of war. They were not soldiers in any thing but the power of soldiers, and the outward frame of an army. During their occupation of Portugal, the laws and customs of war had never been referred to by them, but as a plea for some enormity, to the aggravated oppression of that unhappy country! Pillage, sacrilege, and murder—sweeping murder and individual assassination, had been proved against them by voices from every quarter. They had outlawed themselves by their offences from membership in the community of war, and from every species of community acknowledged by reason. But even, should any one be so insensible as to question this, he will not at all events deny, that the French ought to have been dealt with as having put on a double character. For surely they never considered themselves merely as an army. They had dissolved the established authorities of Portugal, and had usurped the civil power of the government; and it was in this compound capacity, under this twofold monstrous shape, that they had exercised, over the religion and property of the country, the most grievous oppressions. What then remained to protect them but their power?—Right they had none—and power! it is a mortifying consideration, but I will ask if Bonaparte, (nor do I mean in the question to imply any thing to his honour,) had been in the place of Sir Hew Dalrymple, what would he have thought of their power?—Yet before this shadow the solid substance of justice melted away.
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