both sexes, together with the respect due to the churches, all in conformity to our laws and customs. Ans.-Granted. 3. The lives and properties of all military officers of rank, are likewise to be safe. Ans.-Granted. 4. No person shall be liable to persecution, on account of their political opinions or writings, any more than those employed in a public capacity, for what they may have done hitherto in the exercise of their employments, or in obedience to the former government; nor shall the people suffer for the efforts which they have made for their defence. Ans.-Granted. 5. No other contributions shall be exacted beyond the ordinary ones that have hitherto been paid. Ans.-Granted, till the realm shall definitively be organized. 6. Our laws, customs, and courts of justice shall be preserved in their present constitution. Ans.-Granted until the kingdom undergoes its definitive organization. 7. The French troops and their officers shall not be quartered in private houses, but in military lodging houses and tents, and by no means in convents or monasteries; the privileges allowed to the respective classes by the laws being preserved. Ans.-Granted; it being well understood that both the offi cers and privates must have quarters and tents that are furnished conformably to the military regulations, unless the said buildings be insufficient. 8. The troops shall march out of the town with the honours of war, and be at liberty to retire whithersoeverthey choose. Ans.-Thetroops shall march out with the honours of war; they shall march off by files to-day to-day at four o'clock in the afternoon, and leave their arms and cannon; the armed peasants shall also leave their arms and artillery; after which the inhabitants shall retire to their houses, and those from without the town, to their villages. All the individuals that have enlisted among the troops of the line, four months ago, shall be free from their engagements, and retire to their villages. All the rest shall continue prisoners of war till an exchange takes place, which will commence immediately between equal numbers, and rank for rank. 9. The public debts and engagements of the state shall be faithfully and constantly discharged. Ans. This being a political object, belongs to the cognizance of the assembly of the realm, and depends on the general administration. 10. Those generals who wish to continue in the capital shall preserve their rank; and such as are desirous of quitting it, shall be at liberty so to do. Ans.-Granted: they shall remain in their station, although their pay can only continue till the kingdom receives its ultimate organization. Additional Art. 11. A detachment of guards shall this day, at four o'clock, take possession of the palace gates. The different gates of the city shall about the same time be delivered up to the French army. The guard-house of the body guards and the general hospital, shall be surrendered at the same time. At the same hour the park of artillery and the arsenals, together with the engineers, shall be surrendered to the French artillery and engineers. The works and entrenchments shall be levelled, and the streets repaired. The French officer about to take the command of Madrid, shall, about mid-day, repair, under a mi litary guard, to the house of the prin cipal (governor) in order to concert with government regulations of police, and measures for the re-establishment of good order and public security in all parts of the town. We, the undersigned commissioners, authorized by full powers for settling and signing the present capitulation, have agreed upon the faithful and entire execution of the above measure. FERNANDO DE LA VERAY THOMAS DE Morla. Imperial Camp, Madrid, the 4th of December 1808. O'Neill's Report to Palafox respecting the battle of Tudela, 8th Dec. 1808. "In consequence of the actual situation of this city, threatened with a siege by the enemy, it has been until now found impossible to lay before the public an official account of the details of the attack and obstinate battle fought at Tudela on the 23rd ult.; a battle equally fatal and glorious to this army, which, supported only by its own strength and its own valour, maintained the contest for eight hours in the midst of the most dreadful fire. It is impossible to convey an adequate idea of the number of heroic achievements performed by the officers and soldiers, whilst one-half of the army was defending their posts with discharges of musketry, and the other were maintaining thecontestwith thebayonet, until the number of the slain on both sides left scarcely room for action, and both the contending armies retired. The captain-general of of this excellent army of reserve has received the following detailed dispatch from lieutenant-general Don Juan O'Neil, who commanded the troops in the engagement, from Illucca, whither he retired with field marshal D. Felippe St. March. Most excellent Seignor-A few hours after my conference with your excellency at Caperoso, respecting the good condition of the troops under my command, at that most important point, full of ardour and enthusiasm, from the superiority which they conceived themselves to possess over the enemy, who for so long a period had not dared to attack us, and from advantages of greater magnitude which they anticipated in the direction of Pampeluna; and when your excellency, convinced of the necessity of not permitting a favourable opportunity to pass, for executing designs in which I cordially concurred, proceeded to consult with the captaingeneral of the army of the center; I received a dispatch from the captain-general of the army of the center, and the representative of the supreme central Junta, D. Francisco Palafox, dated the 21st inst. informing me of the extreme urgency that all my troops should immediately put themselves in motion, and proceed by way of Tudela, to the right of the line, which was to be formed upon Cascante and Tarragona, as far as the heights of Moncayo; and charging me not to lose a moment, since they had given orders for the march of the army of the center, and were on the point of attacking and defeating the enemy, in order to save that army; an object, the attainment of which would be of the greatest importance for Spain, and totally disconcert the plans of the enemy.-Surprised at the novelty of this dispatch, so completely at variance with the plan we had agreed upon at Caperoso the day before, I sent to inform your excellency, and before I received your answer, your dispatch, dated at Tudela on the same day (the 21st) reached me, directing, that in consequence of what the captain-general of the center had stated to you, I should, the instant I received it, march with the whole of my army, and the troops belonging to the center attached to it, for Tudela, there to fix my headquarters, it being understood that the troops that occupied the posts of Cintriunego, Calahorra, and the other parts of the Ebro, were already on their march for Borja and Tarragona, and consequently that any delay might be very injurious, and expose the army to be turned in that quarter. On the same day, as my troops were just setting off, Ireceived your excellency's answer, confirming your previous order, in consequence of the army of the center having already commenced its movement. I cannot describe to your excellency, the sensation felt by thetroopsundermy command,inconsequence of this retrograde movement, as all of them, previously animated by the preceding fortunate movements, found all their hopes frustrated, and saw themselves removed from the advanced situation that they always occupied in front of the enemy. An event so unexpected disheartened them; and in order to inspire them with the same degree of ardour which they had hitherto manifested, and to prevent the fatal consequences of which I was apprehensive, I exerted my authority, accompanying it with the most energetic persuasion, and showing showing them the order of that evening, according to which the safety of the whole army depended upon our retrograde movement, and in short, telling them that it was the result of the express orders of your excellency, and must be obeyed. This representation, in some degree, tranquillized them, and I proceeded with my troops to Tudela, where your excellency the seignor representative, and the captain-general of the army of the center, were already arrived. At nine in the morning of the following day (23rd) colonel Don F. Perena sent to inform me that two columns of the enemy were deploying in front of Ablitas. In consequence of this intelligence, and the captain-general of the army of the center having, the preceding evening, informed me, that the enemy had entered Cintrinnego, I ordered the generale to be beaten, apprising at the same time, the captain-general, that as commander-in-chief, he might make the necessary dispositions. He ordered some reinforcements to advance, and soon after caused general St. March to do the same on the left, sending various corps of my division to the heights of Santa Barbara, to reinforce that important point, and to support the troops already occupying it belonging to the division of general Rova. As he left me on the high road with the remainder of my troops, I sent to him my aid-de-camp, D. B. Gelabert, to ascertain what I was to do, as the engagement was already begun. His answer was, that I should proceed to the center of the line, where he was posted. Soon after, he ordered the remainder of the troops to join him, and he assigned me the command of the whole of the left wing. When I arrived, I found the heights on the left already occupied by the enemy, who threatened to turn us; but having received his order to attack them, and an assurance that the division of gen. la Pena would advance to my assistance, I determined to execute the attack by echellons of battalions. The battalion of the royal Spanish guards commenced it with such unexampled gallantry, that the enemy instantly abandoned that important post, leaving the field of battle covered with dead bodies. The same success attended the attack in front, by the regiments of the volunteers of Castile and Segorbia. While I was indulging in the satisfaction produced by our success, and considering the battle gained, two orderly officers of cavalry came to desire me, on the part of the captain-general, not to be alarmed by the appearance of a column of infantry, with a considerable body of cavalry, who were advancing on the left, as they were the troops of general la Pena coming from Cascante. Congratulating myself upon this aid, which would have decided the battle in our favour, I rode along my left to direct general St. March to continue the attack in the same order, when that general surprised me by telling me it was necessary we should retreat, as our right had been forced, that the enemy were in Tudela, and that all the troops that occupied the center of one position had retreated. This intelligence astonished me the more, as the captain-general had sent me no information of this event, a circumstance which appeared to me impossible; but a firing being heard in the rear of the olive plantations, I was convinced of the fact. In this melancholy situation, the division of general la Pena not having moved, and that which was announced as his division proving to be a corps of the enemy, of about 8,000 infantry and 2,000 cavalry, I gave directions for retreating in the best possible order; placing the 2d regiment of Valencia in an oblique position to cover the retreat of our troops. The troops were surrounded on all sides, but they gallantly cut their way with the bayonet. I put myself at their head, and left general St. March with the cavalry to protect this daring and only resource that was left to us. The general discharged this trust with the same exactness that he did every other duty confided to him during the action. I can assure your excellency, that I never witnessed an occasion in which all the officers and soldiers more completely performed their duty; but of those who were under my orders, I ought to make particular mention of the third battalion of the royal Spanish guards, and the regiments of Castile, Segorbia, and Turia. D. M. Velasco, commander of the artillery of my division; D.A. Ulloa, commander of general St. March's; D. J. Monino; D. R. del Pino, who though surrounded by the enemy, spiked a part of the artillery which they could not bring off, are very much entitled to consideration for having entirely destroyed three columns of the enemy. The enemy's loss cannot be less than 8,000 men, as we may assure ourselves, when they admitted it exceeded 4,000. I have not yet received all the returns of the loss on our side, but I doubt whether it amounts to 2,000 in killed, wounded, and missing. I have the satis faction of having saved half of the artillery, which was brought off by routes almost impracticable, and of having been a near spectator of every thing that passed to the last moment. I can assure you, that in this unfortunate event all those under my command have done their duty to their king and country; and that had the captain-general ordered the army of the center to support us, it would, beyond all doubt, have been the most glorious day for his majesty's arms, of any recorded in the history of this war. Municipal Sitting.-Madrid, Dec. 9, 1808. This day at 11 o'clock in the morning, the hour appointed for the opening of the Sitting, the following persons assembled:The corregidor; the regidors; the alcades; the deputies of the third estate; the heads of the assembly of the Masta [the council of the Masta is composed of the great proprietors in cattle]; the procurators; the alguazil majors; the suffragan bishops; the vicars; the body of the curates and beneficed clergy; the heads of the different commonalties; the body of the nobility; the deputies of the five principal corporations; and all the deputations representing the 64 divisions of the city of Madrid.-The corregidor rose to address the meeting, and informed them, that he had had the honour of being admitted to present the homage of his respect to his imperial and royal majesty, and to lay at the foot of his throne the tribute of gratitude of the inhabitants of Madrid for the kindness and clemency which his majesty had |