as to give to every foreign government all would have proved satisfactory, and the protection against offences of this nature would have precluded the necessity of any which the principle of their laws and consti- farther discussion on this subject. The tution will admit, they never can consent to French government have upon several occa new-model their laws, or to change their sions resorted on this part of the subject to constitution, to gratify the wishes of any fo- precedent, and have particularly rested on reign power. If the present French govern- the demand formerly made by this country, ment are dissatisfied with our laws on the that the person then called the Pretender, subject of libels, or entertain the opinion should be sent from the French dominions. that the administration of justice in our courts It is important that the differences between is too tardy and lenient, they have it in their these two cases should be stated. When power to redress themselves by punishing James the Second abdicated the throne, and the venders and distributors of such publica- left this country, he retired with his aunetions within their own territories, in any rents to France; and though in the war manner that they may think proper, and which immediately succeeded that event, the thereby preventing the circulation of them. French government adopted his cause If they think their present laws are not suf- their own, no stipulation was made at the ficient for this purpose they may enact new Treaty of Ryswick, that he should be sent ones; or, if they think it expedient, they from that country, nor was any subsequent may exercise the right which they have of demand ever made to the French governprohibiting the importation of any foreign ment to this effect; but he was suffered to newspapers, or periodical publications, into remain at Saint Germain, in the neighbourthe territories of the French Republic. His hood of Paris, surrounded by his family and Majesty will not complain of such a measure, friends, till the time of his death. It was as it is not his intention to interfere in the not till after his demise, when Lewis the manner in which the people or territories of Fourteenth, in direct violation of the treaty France should be governed; but he expects, of Ryswick, had acknowledged his son as, on the other hand, that the French govern- King of Great Britain, that a different course ment will not interfere in the manner in of proceeding was adopted by the British which the government of his dominions is government; and in the treaty of peace conducted, or call for a change in those laws signed at Utrecht, which put an end to the with which his people are perfectly satisfied. war which had been carried on, on account With respect to the distinction which ap- of the Spanish succession, an article was inpears to be drawn in M. Otto's note, be- serted to prevent the Pretender from residtween the publications of British subjects ing in any part of the French dominions. and those of foreigners, and the power The demand which was subsequently made which his Majesty is supposed to have in for the removal of the Pretender from a town consequence of the Alien Act, of sending which was situated in the centre of these doforeigners out of his dominions, it is im- minions, was founded on this article of the portant to observe that the provisions of that treaty, which was in fact one of the condiact were made for the purpose of preventing tions of the peace; but both the article in the residence of foreigners, whose numbers the treaty and the demand were confined to and principles had a tendency to disturb the the Pretender personally, and were not exinternal peace of his own dominions, and tended to any of his family, or to any of his whom the safety of those dominions might adherents. After his removal, many of his require in many instances to be removed, adherents continued to reside in France; even if their actual conduct had not exposed many persons resident in this country, who them to punishment by law. It does not were attached to the cause of the Pretender, follow that it would be a warrantable appli- and had promoted the rebellion in his fa. cation of such a law to exert its powers in vour, and who were consequently attainted the cases of individuals such as those of for high treason, sought refuge in France, whom complaint is now made, and particu- and were permitted to remain there till their larly as they are liable to be prosecuted un- death, without any application ever having der the law of the land, in like manner as been made by the British government for others have been in similar cases, at the in- their removal. The Duke of Berwick, the stance, and upon the complaint of foreign natural son of James the Second, who from governments. The second general head, his principles and talents was the most danwhich includes the five last complaints, re- gerous man to the interests of this country lates to the removal of some of the French and the Protestant succession, continued to emigrants resident in this country. His Ma- be a general in the French armies, and jesty entertained hopes that the explanation though descended from the King, an Eng furnished on this head in my dispatch No. 14lishman and an emigrant, it was not require * B that he should be sent out of France. In the present case, there is no article in the treaty of peace, by which his Majesty is bound to send from this country any Frenchman whatever, except on account of the crimes specified in the twentieth article of the definitive treaty, and in consequence of the proofs therein required having been adduced. In the present case, it cannot be pretended that his Majesty has ever given the slightest countenance to the cause of the royalists in France against the present government, since the period when he acknowledged that government; and if there were not these important differences in the two caves, they would be totally dissimilar in the only remaining point; for in the case of the House of Stuart, as has been already stated, notwithstanding the violence of the times, and the danger to which the Protestant succession was really exposed, this strong act of authority was confined to the person of the Pretender; and the individual who must be recognized in that character by the French government, and whose case can alone bear any similarity to the former even in this respect, is not, and never has been within his Majesty's dominions: other precedents might be adduced on this subject; but it is not necessary to state them, as the foregoing are sufficient. With respect to the complaints in detail under the second head. Upon the first, you may inform the French government, that the emigrants in Jersey, many of whom had remained there solely on account of the cheapness of subsist ence, had actually removed, or were removing previous to the representation concerning them in Mr. Otto's note, and that before your explanation with Mr. Talley rand can take place, there will probably not be an emigrant in the island. To the second complaint, which relates to the Bishops of Arras and Saint Paul de Leon, and others, his Majesty can only reply, that if the facts alledged against them can be substantiated; if it can be proved that they have distributed papers on the coast of France, with a view of disturbing the government, and of inducing the people to resist the new church establishment, his Majesty would think himself justified in taking all measures within his power for obliging them to leave the country; but some proof must be adduced of those facts; and such proof must not be that of their having in a single instance, viz. in reply to the Pope's mandate, published a vindication of their own conduct, in refusing to conform to the new establishment, a proceeding in which they would be justifiable on every principle of toleration and justice; but it should shew that they have since availed themselves of their situation in this country to excite the people of France against the authority of that government, whether civil or ecclesiastical. On the third complaint, which respects the removal of Georges, and those persons supposed to be described as his adherents, Mr. Otto must have mistaken me in what he supposes me to have said on that subject. His Majesty is, however, very desirous to obviate any cause of complaint or uneasiness with respect to these persons; and measures are in contemplation, and will be taken, for the purpose of removing them out of his Majesty's European dominions. On the fourth complaint, respecting the princes of the House of Bourbon, I can only refer you to my former answer. His Majesty has no desire that they should continue to reside in this country, if they are disposed, or can be induced to quit it; but he feels it to be inconsistent with his honour and his sense of justice to withdraw from them the rights of hospitality, as long as they conduct themselves peaceably and quietly; and unless some charge can be substantiated of their attempting to disturb the peace which subsists between the two governments. With respect to the fifth complaint, which relates to the French emigrants wearing in this country the orders of their ancient government; there are few if any persons of that description in this country who wear such orders. It might be more proper if they all abstained from it; but the French government could not persist in expecting, that even if it were consistent with law, his Majesty could be induced to commit so harsh an act of authority as to send them out of the country on such an account. I have thus stated to you his Majesty's sentiments on the several points contained in Mr. Otto's note. You will take an early opportunity of communicating these sentiments to the French government, and of accompanying them with the arguments and explanations above stated. And if it should he desired, and you should be of opinion, that it was likely to produce any good effect, there is no objection to your putting the substance of what you shall have stated in writing, and of delivering it to the minister for foreign affairs, as a memorandum of your conversa tion. Upon the general tone and style of Mr. Otto's no e, it is important to observe, that it is far from conciliating; and that the practice of presenting notes of this description, on any motive or suggestion of personal irritation, cannot fail to have the effect of indisposing the two governments towards each other, instead o consolidating and strengthening the peace which happily subsists between them. That after a war, in which the passions of men have been roused beyond all former examples, it is natural to suppose that the distrust, jealousy, and other hostile feelings of individuals should not immediately subside, and under these circumstances it appears to be both the interest and the duty of the two governments, by a mild and temperate conduct, gradually to allay these feelings, and not on the contrary to 10th Article, may be executed without obstacle, and without these plenipotentiaries conceiving themselves obliged to refer to their government on each of the successive operations which should take place. The undersigned embraces this opportunity to present to his Excellency Lord Hawkesbury, the homage of his respectful consideration. Отто. London, Aug 21, 1802. His Excellency Lord Hawkesbury, &c. provoke and augment them by untimely irritation on their part, and by ascribing proceedings like those above noticed, to causes to which they have no reference. His Majesty has thus fully and frankly explained his sentiments, and the ground of his conduct. He is sincerely disposed to adopt every measure for the preservation of peace, which is consistent with the honour and independence of the country, and with the security of its laws and constitution. But the French government must have formed a most erroneous judgment of the disposition of the British nation, and of the character of its government, if they have been taught to expect that any representation of a foreign power will ever induce them to consent to a violation of those rights on which the liberties of the people of this country are founded. I have the honour to be, &c. Anthony Merry, Esq. HAWKESBURY. tion, till he should receive intelligence of the No. 14-Translation.)-Note.-General Vial, minister plenipotentiary of the Republic at Malta, having set out for his destination about the 20th of July, it is to be presumed, that he will soon be in a condition to enter into a concert with his Britannic Majesty's minister plenipotentiary, on the evacuation of Malta, and of its dependencies. The three months, in which this evacuation should have taken place, are expired; and it being the intention of the two governments that the execution of the treaty of Amiens should experience the least possible delay, the First Consul would have been desirous that the two thousand Neapolitans who are ready to depart, could have been transported at an early period to the Island of Malta, to be in readiness whenever the evacuation shall be on the point of being effected. It appears, nevertheless, that Mr. Drummond, the English minister at Naples, has not been authorized by his government to facilitate this transport; and that the motive alledged by that minister was, that the stipulations which ought to precede the evacuation not being fulfilled, that evacuation could not yet take place. In communicating the above details to his Excellency Lord Hawkesbury, his Britannic Majesty's principal secretary of state for the foreign department, the undersigned is directed to observe, that the sending the two thousand Neapolitans to the Island of Malta cannot but be considered as a preliminary step, in order to accelerate the evacuation, as soon as the necessary measures shall have been taken by the respective plenipotentiaries; and that it does not in any manner prevent the subsequent concert on the details of the evacuation, conformably to the clauses of the treaty of Amiens. The undersigned is moreover directed to request the British ministry to give general instructions to his Majesty's plenipo tentiaries at Naples, and at Malta, that the evacuation, and the other conditions of the arrival of Sir Alexander Ball in that island, and till he should be informed that the commander in chief of the British forces had made suitable preparations for their reception. By the last advices from Malta it appears, that Sir Alexander Ball had arrived there on the 10th of last month, and that after having conferred with General Fox upon the subject, he had written to Mr. Drummond, that there was no impediment whatever to the immediate reception of the Neapolitan troops, and that their quarters would be prepared accordingly; the undersigned has the honour to state this to M. Otto as the most satisfactory answer which he can give to his note. It is probable, therefore, that the troops of his Sicilian Majesty are already embarked and on their passage; but to prevent the possibility of any unneces sary delay or misconception, the most explicit instructions will be immediately forwarded to Mr. Drummond on this subject. With respect to the other points in M. Otto's note, the undersigned can only repeat what he has before stated to him, that his Majesty is most sincerely desirous to see all the stipulations of the 10th article of the definitive treaty carried into effect with the utmost punctuality, and with the least possible delay. With this view he takes this opportunity of observing to M. Otto, that by the very last dispatches from the English ambassador at St. Petersburgh, the French minister at that court had not even then received any ins ructions from his government relative to the steps to be taken in concert with Lord St. Helens, for inviting the Emperor to become a guaranty of the provisions and stipulations of the article in question. The French minister at Berlin was in the same predicament. The undersigned, therefore, requests that M. Otto would have the goodness to represent these circumstances to his government, and to urge them, if they have not already done it, to transmit without delay to their ministers at those courts the necessary instructions for bringing this part of the business to a conclusion. The undersigned requests M. Otro to accept the assurances of his highnsid ration. HAWKESBURY. strongest terms, an interference (jointly, if possible), on their part, with the French government, to endeavour to avert the impending evil. I naturally observed to him in answer, that the present state of political rela tions between the great powers of Europe afforded no prospect of his obtaining of their ministers at Paris, to adopt a concerted mea sure in favour of the object which he had so inuch at heart, and that of course I could not take it individually upon myself, without any express instruction from my government. He returned to me to-day, to acquaint me that he was not only as yet without a reply from any quarter, but had reason to fear that his prayers would not be listened to by the Austrian, Russian, and Prussian ministers; he therefore conjured me to transmit them to his Majesty's government, from whom only his countrymen could have a hope of deriving any assistance in the terrible conflict which he knew they were determined to stand, and which would only cease by the extermination of every virtuous and brave man in the country. He then put into my hand a note which he had drawn up in a hurry, and of which I inclose a copy. Whilst, my lord, it was out of my power to give him any encouragement to expect from his Majesty's government the assistance which his petition expresses, I have thought it my duty to lose no time in making you acquainted with a state of things which may shortly be attended with very important consequences. Ewing-street, Aug. 23, 1802. No. 16-Extract of a dispatch from Mr. Merry to lord Hawkesbury, dated Paris, Oct. 3, 1802. As soon as the Helvetic government had retired from Berne to Lausanne, the partizans of the antient federative system of the Swiss Cantons, who established immediately in the former city a provisional government, deputed a confidential to Paris, for the purpose of counteracting the measures of M. Stapfer, and of engaging the First Consul to suffer the inhabitants of Switzerland to settle their affairs amongst themselves. He was instructed in any emergency to address himself to the ministers here of the principal powers of Eur pe, and to solicit their interference and assistance in the objects of his mission. He reacled Paris four days ago, and had reason to Atter hin self, from the result of an interview which he had immediately with M. Talley rand that the First Consul would put no obstacle in the way of any arrangement which the Swis might agree upon among themselves for the final settlement of their government; he was therefore much surprised to learn soon afterwards, that a change had taken place in the First Consul's sentiments, and his astonishment was compleated when he found that the latter had taken so decided and so unfavour(Inclosure referred to in No. 16.)-Transable a part in the business, as that which is an- lation.-Note. So long as Switzerland was nounced by a resolution published in yester- occupied by the French armies, the wishes of day's Moniteur, (which I have the honour to the people could never be freely manifested. transmit inclosed), in the form of an address to The petty revolutions which took place in the the inhabitants of Switzerland. This person government were the mere tricks of certain having, besides this public declaration, ac- factions, in which the nation at large took but quired some private information of its being a very trifling interest. Scarcely did Switzerthe first Consul's intention to give the most land think herself independent when she was immediate and vigorous effect to it, lost no desirous of returning to her ancient institu time in addressing a letter to the latter, in tions, rendered still dearer to her by her late which he took the liberty of stating that he misfortunes, and the arbitrary acts of the gomust have been deceived by false representa-vernment furnished her with the means of dotions, that his interference in the affairs of Switzerland was, as he was authorized to say, entirely unsolicited by the majority, and the best thinking part of the inhabitants; and that he had, therefore, to entreat of him, in the most earnest manner, to suspend the execution of his resolution until those explanations could take place, which he trusted might be the means of preventing the immense effusion of blood which would otherwise inevitably ensue. He at the same time addressed himself in the course of yesterday to me, as well as to the Austrian and Spanish ambassadors, and to the Russian and Prussian ministers, (not having gained admittance to Mons. de Cobenzel, nor to M. de Markoff or Lucchesini; he afterwards wrote to them), soliciting, in the ing so. Almost the whole of Switzerland, with unexampled unanimity and moderation, shook off the yoke. The Cantons formed themselves into constituent bodies; and twelve of the thirteen Cantons of Switzerland sent their representatives to the Diet of Schwitz, in order there to organize a central power which might be acceptable to the neighbouring powers. The aristocratical Cantons renounced their exclusive rights; the Pays de Vaud was left at liberty to form its own constitution, as well as Thurgovia and the other new Cantons. The government having taken refuge at Lausanne, was by no means secure there, notwithstanding its regular troops; perhaps even at the present moment it no longer exists. Who would not have thought that according to the the interposition of any foreign powers; and with whatever regret his Majesty may have perused the late proclamation of the French government, he is yet unwilling to believe that they will farther attempt to controul that independent nation in the exercise of their undoubted rights. His Majesty thinks him interests of Europe, and by his peculiar solicitude for the happiness and welfare of the Swiss nation, to express these his sentiments with a frankness and sincerity which he feels to be due to his character, and to the good understanding which he is desirous of preserv stipulation of the Treaty of Luneville, which grants independance to Switzerland, and the right of choosing its own government, every thing was settled, and that this mation might see its former happiness and tranquillity revive? Who could have thought that the First Consul would have issued such a decree as that of the 8th Vendemiaire? Is an independ-self called upon by his regard for the general ant nation to be thus treated? Should Bonaparte persist in his determination, and the other powers should not interpose in our fayour, it only remains for us either to bury ourselves in the ruins of our houses, although without hope of resistance, exhausted as we are by the colossus who is about to overwhelming with the government of France. us, or to debase ourselves in the eyes of the whole universe! Will the government of this generous nation, which has at all times afforded so many proofs of the interest it takes in the welfare of the Swiss, do nothing for us under circumstances which are to decide, whether we are still to be ranked amongst free people! We have only men left us :-the revolution, and spoliations without end, have exhausted our means: we are without arms, without ammunition, without stores, and without money to purchase them. No. 17.-Note Verbale.-Lord Hawkesbury has received his Majesty's commands to communicate, through Mr. Otto, to the French government, the sentiments of deep regret which have been excited in his Majesty's mind by the address of the First Consul to the Helvetic people, which was published by authority in the Moniteur of the 1st instant, and by the representations which have been made to his Majesty on this subject, on behalf of the nation whose interests are so immediately affected by it. His Majesty most sincerely laments the covulsions to which the Swiss Cantons have for sometime past been exposed; but he can consider their late exertions in no other light than as the lawful efforts of a brave and generous people to recover their antient laws and government, and to procure the re-establishment of a system which experience has demonstrated, not only to be favourable to the maintenance of their domestic happiness, but to be perfectly consistent with the tranquillity and security of other powers. The Cantons of Switzerland unquestionably possess, in the same degree as every other independent state, the right of regulating their own internal concerns; and this right has moreover, in the present instance, been for. mally and explicitly guaranteed to the Swiss nation by the French government in the Treaty of Luneville conjoindy with the other powers who were parties to that engagement. His Majesty has no other desire than that the people of Switzerland, who now appear to be so generally united, should be left at liberty to setde their own internal government without Downing-street, October 10, 1802. Downing-street, October 10, 1802. No. 18.--Sir, his Majesty having deemed it expedient, that a confidential person should be sent at the present moment to Switzerland, in consequence of the communication which he has received from the Swiss confederacy, through their representative at Paris, I am commanded to inform you that he has made choice of you for that purpose. It is of the utmost consequence, considering the nature of the business with which you are entrusted, that you should lose no time in taking your departure from hence, and that you should make every practicable exertion to arrive on the frontiers of Switzerland with as little delay as possible. You will inform yourself there what is the actual residence of the government of the Swiss confederation, to which you will immediately repair. Having taken the proper means to obtain a confidential interview with the persons who may be entrusted with the principal direction of affairs, you will communicate to them a copy of the note verbale which I delivered to M. Otto, and which is herewith inclosed; and you will take every opportunity of impressing upon their minds the deep interest which his Majesty takes in the success of their exertions. You will state to them, that his Majesty entertains hopes, that his representation to the French government may have the effect of inducing the First Consul to abandon his intention of compelling the Swiss nation by force to renounce that system of government under which they had so long prospered, and to which they ap pear to be almost unanimously anxious to return. In this event his Majesty will feel himself bound to abstain from all interference on his part; it being his earnest desire that the Swiss nation should be left at liberty to regu late their own internal concerns, without the interposition of any foreign power. If, however, contrary to his Majesty's expectations, the French government should persist in the system of coercion, announced in the proclamation of the First Consul, inserted in the |