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 to carry it away—which was undoubtedly understood by the French general. And in the Armistice it is expressly said, that their private property of every description shall be conveyed to France along with their persons. What then are we to understand by the words, their private property of every description? Equipments of the army in general, and baggage of individuals, had been stipulated for before: now we all know that the lawful professional gains and earnings of a soldier must be small; that he is not in the habit of carrying about him, during actual warfare, any accumulation of these or other property; and that the ordinary private property, which he can be supposed to have a just title to, is included under the name of his baggage;—therefore this was something more; and what it was—is apparent. No part of their property, says the Armistice, shall be wrested from them. Who does not see in these words the consciousness of guilt, an indirect self-betraying admission that they had in their hands treasures which might be lawfully taken from them, and an anxiety to prevent that act of justice by a positive stipulation? Who does not see, on what sort of property the Frenchman had his eye; that it was not property by right, but their possessions—their plunder—every thing, by what means soever acquired, that the French army, or any individual in it, was possessed of? But it has been urged, that the monstrousness of such a supposition precludes this interpretation, renders it impossible that it could either be intended by the one party, or so understood by the other. What right they who signed, and he who ratified this Convention, have to shelter themselves under this plea—will appear from the 16th and 17th articles. In these it is stipulated, 'that all subjects of France, or of Powers in alliance with France, domiciliated in Portugal, or accidentally in the country, shall have their property of every kind—moveable and immoveable—guaranteed to them, with liberty of retaining or disposing of it, and passing the produce into France:' the same is stipulated, (Article XVII.) for such natives of Portugal as have sided with the French, or occupied situations under the French Government. Here then is a direct avowal, still more monstrous, that every Frenchman, or native of a country in alliance with France, however obnoxious his crimes may have made him, and every traitorous Portugueze, shall have his property guaranteed to him (both previously to and after the reinstatement of the Portugueze government) by the British army! Now let us ask, what sense the word property must have had fastened to it in these cases. Must it not necessarily have included all the rewards which the Frenchman had received for his iniquity, and the traitorous Portugueze for his treason? (for no man would bear a part in such oppressions, or would be a traitor for nothing; and, moreover, all the rewards, which the French could bestow, must have been taken from the Portugueze, extorted from the honest and loyal, to be given to the wicked and disloyal.) These rewards of iniquity must necessarily have been included; for, on our side, no attempt is made at a distinction; and, on the side of the French, the word immoveable is manifestly intended to preclude such a distinction, where alone it could have been effectual. Property, then, here means—possessions thus infamously acquired; and, in the instance of the Portugueze, the fundamental notion of the word is subverted; for a traitor can have no property, till the government of his own country has remitted the punishment due to his crimes. And these wages of guilt, which the master by such exactions was enabled to pay, and which the servant thus earned, are to be guaranteed to him by a British army! Where does there exist a power on earth that could confer this right? If the Portugueze government itself had acted in this manner, it would have been guilty of wilful suicide; and the nation, if it had acted so, of high treason against itself. Let it not, then, be said, that the monstrousness of covenanting to convey, along with the persons of the