mutinous deputation to Cox, which forced him to surrender. Finally, their names were included with those of the officers who had served on Masséna’s Portuguese staff during the campaign, in a great indictment placed before a special commission on traitors (called a _Junta de Inconfidencia_), which sat at Lisbon during the autumn. All from d’Alorna downwards were declared guilty of high treason, and condemned to death on December 22, 1810, but only two were caught and executed--João de Mascarenhas, one of d’Alorna’s aides de camp, and Da Costa, the lieutenant-governor of Almeida. The former was captured by the Ordenança while carrying Masséna’s dispatches in 1810, and the latter was apprehended in 1812; Mascarenhas died by the garotte, Da Costa was shot. Of the others, some never returned to Portugal, the others were pardoned at various dates between 1816 and 1820[326]. [320] The First Portuguese Legion, which served against Austria in 1809, was composed of the troops drafted out of the Peninsula by Junot in 1808 during his domination at Lisbon. [321] D’Urban’s diary reports that 450 men and 18 officers of the 24th of the Line came in between the 2nd and 4th of September to Silveira’s outposts; a still larger number reached Wellington’s. [322] D’Urban has most gloomy remarks on the subject in his diary, under the date Aug. 30. [323] To Chas. Stuart, from Celorico, Aug. 31. [324] To Chas. Stuart, from Celorico, Sept. 11. [325] Wellington to Masséna, Sept. 24. ‘Votre excellence s’est engagée que les officiers et les soldats de la milice retourneraient chez eux: malgré cet engagement vous en avez retenu 7 officiers et 200 soldats de chaque régiment, pour en faire un corps de pionniers. La capitulation d’Almeida est donc nulle, et je suis en droit d’en faire ce que je voudrais. Mais je puis vous assurer qu’il n’y a pas un seul soldat de la milice qui était en Almeida au service.’ [326] For details of all this, including the curious terms of the Portuguese sentence for high treason, see Soriano da Luz, iii. 80-109, and 719-22. The attempts to exculpate Barreiros seem inadequate. Da Costa was shot, not for treason, but for cowardice and mutiny.