Well,
My friend Genl Brady has put the question into context.
We were attempting to do a strategic campaign using the Soldier Emperor rules to set up the battles, vis: M&R and Soldier Kings.
So, in this context, a Spanish "victory" of any quality would drive the French out of Spanish territory.
The combination of the Spanish special rules turned the Spanish army into a sort of toxic sludge in the strategic game. All that it had to do was to appear in a territory and not suffer a "broken" result in the subsequent tabletop battle to drive the French from a territory.
But I can see that this would also be a flaw in any tournament that did not account for Spanish marginal victory.
Our approach to rules is somewhat Jeffersonian: If it isn't prohibited in the rules, it must be allowed.
Since the Spanish player was my own son, I don't really feel comfortable giving him the boot from our group. His defense is that we should give him a better army next time!
Oh to have a LaSalle-like system that is suitable for campaigning. Anyone know of such a thing? 8^O