At dawn, nothing having been yet settled, La Peña wrote to Dupont threatening that if the 1,000 men who had been captured by Vedel on the previous day were not at once released, he should consider the armistice at an end, and order his division to advance. The request was reasonable, as they had been surprised and taken while relying on the suspension of arms. Dupont ordered his subordinate to send them back to Reding’s camp. Castaños meanwhile was pressing for a reply to his demand for surrender: he had brought up Felix Jones’s division to join La Peña’s in the early morning, so that he had over 14,000 men massed on the right bank of the Rumblar and ready to attack[157]. Dupont was well aware of this, and had made up his mind to surrender when he realized the hopeless demoralization of his troops. Early in the morning he called a council of war; the officers present, after a short discussion, drew up and signed a document in which they declared that ‘the honour of the French arms had been sufficiently vindicated by the battle of the previous day: that in accepting the enemy’s terms the commander-in-chief was yielding to evident military necessity: that, surrounded by 40,000 enemies, he was justified in averting by an honourable treaty the destruction of his corps.’ Only the cavalry brigadier Privé, refused to put his name to the paper, on which appear the signatures of three generals of division, of the officers commanding the artillery and engineers, of two brigadiers, and of three commanders of regiments. [157] Namely, 6,600 of La Peña’s men, 5,400 of Jones’s, and 2,500 or 3,000 of Cruz-Murgeon’s flying column.