I think this is my final attempt to get this through.

>Napoleon created Extraordinary Councils of War in 1812, which were designed to judge general officers, such as Dupont, who surrendered in the field or gave up fortresses without first offering resistance. Dupont was the author of his own misfortune, Cambaceres comments notwithstanding.<

The capitulation at Baylen occurred in 1808, by Jan 1812 Napoleon had not come up with a way to try Dupont and the others (don't forget there were others) which was why he acted on Cambacere's advice. If he then set up these Extraordinary Councils of War it was to get round the problem in the future.

I stand by what I said at the beginning: Dupont did not have a trial and the enquiry into his case had no legal justification other than the will of the Emperor.

Susan