358 ANNUAL REGISTER, 1809. 



to-day at four o'clock in the after- 

 noon, and leave their arms and can- 

 non ; the armed peasants shall also 

 leave then- arras and artillery; after 

 which the inhabitants shall retire to 

 their houses, and those from with- 

 out 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 theirvij- 

 lages. All the rest shall continue 

 prisoners of war till an exchange 

 takes place, which will commence 

 immediately between equal num- 

 bers, and rank for rank. 



9. The public debts and engage- 

 ments of the state shall be faithfully 

 and constantly discharged. Ans. — 

 This being a political object, be- 

 longs to the cognizance o? the as- 

 sembly of the realm, and depends 

 on the general administration. 



10. Those generals who wis!) to 

 continue in the capital shall pre- 

 serve 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 con- 

 tinue till the kingdom receives its 

 ultimate organization. 



Additional Art. 11. A detach- 

 ment 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 thebody 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 po- 

 lice, and measures for the re-estab- 

 lishment of good order and public 

 security in all parts of the town. 



We, the undersigned commission- 

 ers, authorized by full powers for 

 settling and signing the present ca- 

 pitulation, have agreed upon the 

 faithful and entire execution of the 

 above measure. 



Fernando de la Veray 

 Pantoga. 



Thomas de Morla. 



Alessandro. 

 Imperial Camp, Madrid, the 4th 

 of December 1808. 



O'Neill's Report to Palafox respect- 

 ing the battle nj 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 Tu- 

 dela 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 per- 

 formed by the officers and soldiers, 

 whilst one-half of the army was de- 

 fending their posts with discharges 

 of musketry, and the other were 

 maintaining thecontestwith thebay- 

 onet, until the number of the slaia 

 on both sides left scarcely room for 

 action, and both the contending ar- 

 mies retired. The captain-general 



of 



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