A Legal View of the Schley Inquiry. the conditions of the said armistice and con vention, and into all the causes and circum stances (whether arising from the previous operation of the British army or otherwise) which led to them, and into the conduct, be havior, 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 person or persons as far as the same were connected with the said armistice and convention, in order that the said gen eral officers may report to us touching the matters aforesaid for our better information." The order directed them " to report a state thereof, as it shall appear to them, together with their opinion thereupon, and also with their opinion whether any, or what further proceedings should be had thereupon." 1 They met, examined into the entire matter, including necessarily the succession of com mands, involving also the temporary volun tary suspension by Sir Harry Burrard of his own command, already related, and differed in their opinion as to the propriety of the armistice and convention. Therefore, al though the order creating the court directed them to report, not only the facts, but their opinion concerning the armistice and the convention, they simply agreed to differ on that point, and tried to avoid their disagree able task by reporting a statement of facts and by adding to it the following limited opinion and recommendation, signed by every member of the court: "On a consideration of all circumstances, as set forth in this Report, we most humbly submit our opinion, that no further military proceeding is necessary on the subject. Because, howsoever, some of us may differ in our sentiments respecting the fitness of the convention in the relative situation of the two armies, it is our unanimous declaration, that unquestionable zeal and firmness appear 1 " The Proceedings on the Enquiry into the Armistice and Convention of Cintra and into the Conduct of the Officers concerned." By John Joseph Stockdale. Lon don, 1809.
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throughout to have been exhibited by Lieutenant Generals, Sir Hew Dalryrmple, Sir Harry Burrard, and Sir Arthur Wellesley, as well as that the ardour and gallantry of the rest of the officers and soldiers, on every occasion during this expedition, have done honour to the troops, and reflected lustre on Your Majesty's arms. All which is most dutifully sub mitted. (Signed) Davis Dundas, General. Moira, General. Peter Craig, General. Heathfield, General. Pembroke, Lieut.-General. G. Nugent, Lieut.-General. Dec. 22, 1808." Ol. Nicolls, Lieut -General. But even so formidable a body as a court of seven generals must obey the orders of its superior officer, and this court had not obeyed either the spirit or the letter of the precept; therefore, the commander-in-chief, with a politeness of language which deprived it of none of its force, issued to the court the following order, addressed to its president : "Your opinion upon the conditions of the armis tice and convention, which the words of His Majes ty's warrant expressly enjoin, should be strictly exam ined, enquired into, and reported upon, has been altogether omitted," also " it appears upon the face of your report that a difference of opinion exists among the members of the board, which may prob ably produce a dissent from the majority upon these very questions. You will be pleased, therefore, to desire such of the members as may be of a different opinion from the majority upon these two questions, to record upon the face of the proceedings their rea sons for such dissent." This order was an express command to those members of the court who were dis senters to dissent expressly; and it is an im portant precedent in view of some of the misunderstanding which has recently ap peared in our country concerning the duties of members of a court of inquiry. Accord ingly, the court reassembled, four of the seven members approved and three mem bers recorded their dissent individually, giv ing each his own reasons. General Nicolls, although he approved of the armistice : disapproved of the convention. General Pembroke approved of the armistice, but disapproved of a part of the convention.
