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OF THE

PROCEEDINGS OF THE

COURT OF INQUIRY

UPON THE

TREATY OF ARMISTICE

AND

CONVENTION OF CINTRA,

AND UPON

THE CONDUCT, BEHAVIOUR, AND PROCEEDINGS

OF

LIEUTENANT-GENERAL

SIR HEW DALRYMPLE, KNT.

COMMANDER IN CHIEF OF THE LATE EXPEDITION IN PORTUGAL,

AND

E OTHER OFFICER OR OFFICERS WHO HELD THE COMMAND
OF THE BRITISH TROOPS EMPLOYED UPON THAT

EXPEDITION.

onvened by Virtue of his Majesty's Special Warrant, under the Sign Manuel,
and held in the Great Hall, Chelsea-College, on Monday, the 14th day of
November, 1808; and succeeding days.

FROM ACCURATE NOTES IN SHORT HAND.

LONDON:

Printed by W. Flint, Old Bailey,

OR SAMUEL TIPPER, LEADENHALL STREET; AND JOHN BOOTH,

DUKE STREET, PORTLAND PLACE.

1808.

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12.L.

013-239981 Vassar Chub

4-13-61

COURT OF INQUIRY

UPON

THE TREATY OF ARMISTICE AND CONVENTION OF CINTRA ;

AND

UPON THE CONDUCT, BEHAVIOUR, AND PROCEEDINGS

OF

LIEUTENANT-GENERAL SIR HEW DALRYMPLE, KT. Commander in Chief of the late Expedition in Portugal,

AND

THE OTHER OFFICER OR OFFICERS WHO HELD THE COMMAND OF THE BRITISH TROOPS EMPLOYED UPON THAT EXPEDITION.

Convened by his Majesty's Warrant, at Chelsea College, on Monday the 14th Day of November, 1808, and several succeeding days.

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cordingly. And whereas it appears "that on the same 22d of August, "and subsequently to his having as"sumed the command, an Armistice AC was concluded as follows.

[Here is recited the Treaty of Armistice as appears from Sir Hew Dalrymple's dispatch,dated Head Quarters, Cintra, 3d September, 1808, for which see the Appendix, No. 1.3

"And whereas, it appears that on "the 30th day of August, 1808,a con. ❝vention was concluded as follows:

[Here is also recited the convention as stated in Sir Hew Dalrymple's dispatch as aforesaid, for which see the same appendix].

"We think it necessary that an enquiry should be made by the general officers herein after named, ❝ into the conditions of the said ar"mistice and convention, and into all "the causes and circumstances, (whe"ther arising from the previous ope❝rations of the British army, or "otherwise), which led to them; and "into the conduct, behaviour, and "proceedings of the said lieutenant"general Sir Hew Dalrymple, and of << any other officer or officers, who may "have held the command of our troops ❝in Portugal, and of any other per

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son or persons, as far as the same were connected with the said ar. mistice and convention, in order that "the said general officers may report "to us, touching the matters aforesaid, "for our better information. Our will "and pleasure therefore is, and we do hereby nominate and appoint the general officers of our army, whose names are respectively meutioned in "the list annexed, to be a board, of "which we do hereby appoint general "Sir DAVID DUNDAS, K. B. to be the "President, who are to meet accord

ingly for the purposes above-men❝tioned. And you are hereby re66 quired to give notice to the said 66 general officers when and where they are to meet for the said examination "and enquiry, and you are hereby "directed to summon such persons as may be judged necessary by the said

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general officers (whether the generaf "officers employed in the expedition or others), to give information touching the said matters, or whose exa"mination shall be desired by those "employed in the said expedition. And "the said general officers are hereby "directed to hear such persons as shall "offer to give information touching "the same, and they are hereby au"thorized, empowered, and required "strictly to examine into the matters "before mentioned, and to report a "statement thereof, as it shall appear "to them; together with their opinion "thereupon, and also with their opi"nion whether any and what fur"ther proceedings should be had "thereupon, all which you are to "transmit to our commander-in-chief, "to be by him laid before us for our "consideration; and for so doing this "shall, as well to you as to our said 66 general officers, and all others con"cerned, be a sufficient warrant.

"Given at our court at St. James's, "this first day of November, 1808,' "in the 49th year of our reign.” By his Majesty's command,

(Signed)

JAMES PULTENY. To our right trusty and well-beloved counsellor, the honourable Richard Ryder, judge-advocate general,or his deputy.

The judge-advocate next proceeded to read an official copy of the armistice agreed upon between lieutenant general sir Arthur Wellesley, and general Kellerman, the definitive convention for the evacuation of Portugal by the French army, and of the other documents which appeared in the London Gazette, on the 16th September last, for which see the above-mentioned Appendix.

After a short consultation among the members of the court, the president addressed them.

President. "In obedience to his Majesty's warrant,it is incumbent upon us to proceed with all convenience and expedition to arrange the several written documents to be read in evidence, and to the examination of the

several witnesses. In order therefore for us to make the necessary arrangements, I believe it will be proper for us to deliberate in private." Then turning to the auditory, he continued, 66 It is probable that there will not be any more proceedings of a public nature transacted this day; it is therefore the pleasure of the board that strangers should now withdraw."

The court was then cleared, and after deliberating in private, until half past one o'clock, adjourned until Thursday.

SECOND DAY.

Thursday, 17th November, 1808.

The board having met at 11 o'clock pursuant to adjournment, continued in close deliberation, until o'clock, when strangers mitted.

near 12. were ad.

Lieutenant-general sir Hew Dalrymple, and lieutenant-general sir Arthur Wellesley with their respective aids du camps, attended this day, and took their stations in the body of the court.

Judge Advocate. "In pursuance of the directions of the board, I have written to the office of the chief secretary of state for the war department for official copies of all the au.. thentic documents necessary to be laid before the board, and I have since received a letter from Lord Castlereagh, inclosing all these official documents,

I

as far as the same relates to the mili.
tary operations of the army in Por-
tugal, and necessary to the present
enquiry; also copies of the correspon
dence with foreign officers which have
been transmitted since the return of
sir Hew Dalrymple to England.
am also to lay before the board the
several embarkation returns of the
officers and men under the command
of sir Hew Dalrymple, and I am to
acquaint the board, that in consequence
of their directions, sir Hew Dalrymple
is in attendance, from whom I have re
ceived an intimation, that he has pre-
pared a narrative to lay before the

board,, of all the proceedings of the army, &c. from the time of his assum ing the command, antil the signing the convention, as far as the same respects his own conduct, with some of the reasons which governed his conduct. I shall wait to be informed how the board propose to proceed upon this point. Sir Hew Dalrymple has also intimated to me that he should bring the officers of his own staff along with him, but does not wish that any offi. cers should be summoned on his part whose attendance might operate against the interests of the service. I yesterday received the directions of the board to lay before them papers relative to the authority vested in the commander in chief, and the correspondence with fo. reign officers, the Junta of Corunna, &c. I immediately communicated with Lord Castlereagh upon the subject, and received a letter from him in. closing all the papers required, although he observes they do not refer to the objects of enquiry directed by his Majesty. I have also received an in. timation from sir Arthur Wellesley, requesting liberty to lay before the court a narrative of the operations of the army under his command, so far as respects his conduct; and I further understand that all the officers who had been in Portugal and are now in England, have been summoned to at

tend the board."

Then addressing himself to the auditory, the Judge Advocate said,

"I am desired by the board to express their extreme anxiety to enforcethe necessity of restraining any publication of their proceedings, not only until they have concluded their sittings, but until his Majesty's pleasure shall be made known, whether any other proceeding of a military nature shall be instituted; lest, if in the result it should appear that further enquiry of a military nature should be judged necessary the public mind might be prejudiced against any officer who may be brought to a court martial. The consideration of justice alone most pow erfully calls for the suppression of any

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