have been adopted by the four plenipotentiaries, with the new plan which has been communicated to him by Lord Cornwallis, and of which he has sent him a copy upon the 27th current. The undersigned wishes still to believe that the efforts of the plenipotentiary cannot have been made in vain; that Lord Cornwallis will experience from his government the same confidence which the undersigned has had the happiness to inspire into his, and which he has employed to bring matters to such a point, that it was impossible for any wise and moderate man not to regard the work of pacification as accomplished. It is, above all, in these circumstances, that the undersigned is desirous of authentically renewing to Lord Cornwallis, the homage and profound esteem with which his sentiments and his character inspire him: he begs that he will be pleased to accept of his high consideration. J. Bonaparte. least, a very different principle. III. Conformable. IV. Conformable. V. The Batavian Republic cedes and guarantees, in full property and sovereignty to his Britannic Majesty, all the possessions and establishments in the island of Ceylon which did belong to the republic of the United Provinces, or to its East India Company. Observation. Inart. 5, it is endeavoured to change the denomination of the Batavian Republic, into that of the Republic of the United Provinces. VI. The Cape of Good Hope is restored in full sovereignty to the Batavian Republic. Its ports shall be open for the trade and navigation of the contracting parties, whose subjects and citizens shall, with respect to the payment of duties, be placed on the same footing as the citizens of the Batavian Republic. Observation. This article does indeed grant to France and England the greatest advantages in the ports of the Cape of Good Hope. But the French minister considers it his duty to observe, that Art. I. There shall be peace, friendship, article six of the projet, generally adopted, and good understanding, between his Ma- was agreed upon by the plenipotentiaries, and jesty the King of the United Kingdom of inserted in the Protocol. VII. Conformable. Great Britain and Ireland, and the Sublime VIII. It seems just that the paragraph added Ottoman Porte, their heirs and successors. to this article should be omitted, as his BriObservation. In the first article of the treaty tannic Majesty is not directly a party to the drawn up with the concurrence of the pleni-exception in question: but if the paragraph potentiaries, only four powers were enume- be preserved, it will be necessary to add anrated; namely, France, England, Spain, and other, affirming the integrity of Portugal in Holland: in the new projet, on the contrary, other respects. Observation. It has been rethe Sublime Porte is introduced as if that cognized that it is indispensable to declare the government had been mentioned in the act. preservation of the integrity of the Portu II. All the prisoners made on either side, by guese possessions; but with the reduction sea or land, and the hostages carried away resulting from the cession of Olivenza to and given during the war, and to this day, Spain, which could not be more properly shall be restored, without ransom, in six expressed than in article eight, which it is weeks at latest, reckoning from the day of proposed to change. IX. Conformable. X. the exchange of the ratifications of the pre- Words to be substituted in paragraph first, sent treaty; and on paying the debts which instead of those which follow:-PREVIOUS they may have contracted during their cap- LY. From the exchange of the preliminary tivity. Each contracting party, to whom articles of peace, it is expected that the elecprisoners have been restored, or may be re- tion should be made conformable to the stastored, shall respectively pay the advances tutes and forms established for regulating the which have been made by any of the con- election of a Grand Master. Tre office of tracting parties, for the subsistence and main- Grand Master of the Order is considered by tenance of those prisoners in the countries in the contracting parties as having been vacant at which they have been detained, conformable the time the preliminary articles were signed. to the receipts, proved accounts, and other To insert in paragraph three these words, authentic documents, which shall be fur-"Existing Nobility." To insert in paragraph nished by both parties. Commissioners shall be appointed by the contracting parties to regulate and adjust the claims and demands of each, as well as the amount due on the said credits. Observation. The part of article 2d, which relates to the compensations for the maintenance of prisoners, ought to have been drawn up either according to the prelimi naries, or according to the repeated promises of the English plenipotentiary; but the new article is drawn up upon an opposite, or, at I nine, the following words: "The system of perpetual hostility, which has so long subsisted between those powers and the Order of St. John of Jerusalem, shall be terminated." To insert at the end of paragraph eleven, the following words: "Shall be held to make oath to observe punctually the said regula tions, they being the stipulations under which the island of Malta is to be restored to the Knights of St. John of Jerusalem, and which shall for ever be observed by the Order." Observation. This addition contains a superfluous stipulation, relative to the non-continuance of the former Grand Master. The change proposed in the ninth paragraph, renders the concurrence of the contracting powers, relative to the cessation of hostilities by the Barbary states, only applicable to the hostilities which these states carry on against the Order of Malta. This, though infinitely less advantageous to the general good, is still honourable, but very difficult of execution; for, either the powers which have langues in Malta, and remain in war with the Barbary states, must abstain from the advantages they would obtain by being admitted into the ports of that island, or the Barbary powers themselves must renounce those advantages. The addition proposed to paragraph eleven, is only a repetition of that which is stipulated by the same paragraph, and which is also literally expressed in the first paragraph. The changes suggested to be made in the twelfth paragraph, depart from the spirit of independence and impartiality, according to which it was pretended the new organization of Malta was to be regulated; since, according to that change, the King of Naples may send a garrison to Malta, consisting of many liable to be greatly prejudiced. In the course of the negotiation, Neapolitan troops have always been mentioned; but Swiss troops in the service of Naples are not Neapolitans. XI. Conformable. XII. To add to this article after the words, "by this present treaty," the following words: "Except in the case in which it is expressly otherwise disposed of." XIII. XIV. XV. and XVIII. Some words which differ in the translation, of no importance. XVI. Conformable. XVIII. All the property which belonged to the Prince described by his Britannic Majesty as Prince of Orange, and by the French Republic as Prince of Nassau, in the month of December, 1794, and which has been sequestered since that period, shall be restored to him. XIX. The Sublime Ottoman Porte shall be invited by the contracting parties to accede to the present definitive treaty of peace, on the terms and conditions therein specified, and to transmit the ratifications at the end of three months, or sooner, if possible. Joseph Bonaparte. Six days after the delivery of this note, the treaty was signed; and the same hand which regulated the affairs of the continent with so much glory and success at Luneville, consummated, at Amiens, the maritime peace. [Here follows the definitive treaty, for which see Cobbett's Annual Register, Vol. I. page 321.] Thus was the treaty of Amiens concluded: the ratifications were exchanged, and there was, on the part of France, no delay in the punctual execution of all the articles. In three months, the kingdom of Naples, Tarentum, and the Papal States, were evacu ated. Both nations began to taste the fruits of the peace. But the war-faction of London suffered no opportunity in parliament to escape them of provoking hostilities; and even from the language of the ministry during the discussions, it appeared that they only waited for intelligence from the continent, in order to violate the peace. A number of execrable men, who had survived our intestine revolutions, and whom the English government had employed during the war, were still pensioned, and were now meditating assassinations in Jersey and London, at the same time that they were publishing, in periodical papers in the French language, every thing which could excite the indignation of the republic. Some priests, unworthy of that sacred character, rebels against the authority of the Pope, and the disgrace of the Catholic Church, continued to hold meetings in London, where they fabricated mandata, and used every means in their power to promote trouble and disorder in the interior of France. After the English government had frequently promised to put a period to such offensive abuse, the govern ment of the republic, finding that all those promises were ineffectual, thought proper to present an official note on the subject, to ascertain at least the intentions and the ob ject of the British cabinet, and to propose that whatever should be prohibited in France, with respect to the reciprocal interests of the two countries. should also be prohibited in England. This note, which was delivered by Citizen Otto, was conceived in these terms: [Here follows a note from M. Otto to Lord Hawkesbury, dated London, August 17, 1802. See No. 12 of the papers on the negotiation, laid before Parliament on the 18th of May, 1803, at page 1003 of this volume.] This note remained without any official answer; the British ministry contenting themselves with stating, that they would cause satisfactory explanations to be made at Paris: but though this was promised, nothing was performed. The periodical papers in the French language were encouraged and circulated with additional profusion; and the plots and intrigues continued. Persuaded, at last, that this proceeded, not from inattention, but from design, on the part of the British government, the French government sacrificed, to its love of peace, the resentment which these wretch ed libels occasioned, and no farther notice was taken of hem. Accordingly, from the སྙསྙ pire, was the time for stating the grounds on which the evacuation ought to be refused or delayed. Some discussions would then have arisen between the two Governments; and, however legitimate the pretensions of England might have been, she certainly ought to have employed the means of negotiation before she appealed to arms. On the contrary, the British Government began with warlike projects and preparations; and then stated, for the first time, the complaints which were the motives of its determinations. The sin month of Thermidor, year 10, there was not, in the intercourse between the two governments, any mutual complaint, or any exchange of official documents. England, however, did not evacuate Egypt, though the period fixed for that evacuation had ex pired several months; and the arrangements made at Malta indicated an intention of keep ing her troops there. Some conversations took place, both at Paris and London, between the ambassadors and the ministers of both countries. England, at first, declared that she waited for the guarantee of the pow-gularity of this conduct, and the suspicions ers mentioned in the treaty of Amiens; and, afterwards, that she waited for the election of a Grand Master. The guarantees were given; the Grand Master was appointed; all obstacles were removed; it was even thought that some transports which passed through the straits of Gibraltar had been sent to bring 'away the English troops; and that Malta was about to be delivered up to the Neapolitan garrison: but, without any explanation, without any previous note, the King of England sent to his parliament a message, which was • Conceived in the following terms: which it justly excited, did not prevent the First Consul from replying to the note of the British Cabinet. This answer was deli vered by General Andreossy, and was-conceived in the following terms tablet; & iP [Here follows a note from General Andreossi to Lord Hawkesbury, dated London, Tik Germinal, An D. See the prst inclosure in No. 49, of the papers presented on the 18th of May, at page 1053 of this volume. Particular circumstances occasioned new solicitudes. English cruizers appeared on the coasts of Holland; and the French Minister for foreign affairs addressed the following note on the subject to the English Ambassador: Paris, 4th Germinal, Year 11. The undersigned minister for foreign affairs is charged to demand of the English Ambassador a categorical explanation respecting the vi olation of the French territory, which has taken place by the landing of 24 brigands between Ostend and Dunkirk, who were thrown on the Here follows his Majesty's Message communicated to both Houses of Parliament on the 8th of March 1803. See Parliamen•tary Minutes, at page 403 of this volume.] The Ambassador of the Republic at London, finding that the British Government had made false assertions for the purpose of exciting a clamour for war, and that they spoke of negotiations which did not exist; saw that this conduct could only proceed from a deter-coast by vessels belonging to his Britannic Mamination to violate the treaty of Amiens, and compel the Republic to accede to dishonourable stipulations. He therefore thought it his duty to enter into some explanation, and presented the following note: [Here follows a note from Gen. Andreossi to jesty. Information has farther been received, that one of his Majesty's brigs also anchored in the road of Ostend; and that this brig com pelled a French boat to carry on shore sixteen foreigners, who have served in the ranks of the British army. It is asked with astonishment, who could thus dare to violate the territory of France, and throw on her coasts the profligate of every country? Se veral English frigates have appeared before Helvoetsluys, to cruise before the road; and the captains have declared to all the Dutch. boats with which they have spoken, that they are directed to prevent the sailing of French vessels. The London papers have published a pretended letter from the First Consul to [Here follorus a note from Lord Hawkesbury the King of England, and also an account of to Gen. Andreossi, dated Downing-street, the wreck of several vessels loaden with March 15th. See No. 45, of the papers 100,000 stand of arms, for Ireland, with the laid before Parliament on the 18th of May, colours of the United Irish on board. All at page 1047 of this volume.] these clamours seem to have evidently for The complaints and explanations contained their object to irritate the French nation, and in this note should have been made long be- to lay her under the obligation of repelling fore the message was sent to parliament. The force by force. This proceeding on the part moment when the three months fixed for of the British Government is not worthy of the evacuation. of Malta were about to ex-its power. If his Britannic Majesty wishes, It was not until the 24th of Ventose (March 15,) seven days after the message had been sent to Parliament, that Lord Hawkesbury transmitted the answer of his Cabinet: which was in the following terms: 1 2 in fact, to declare war, he ought to do it frankly and openly; but while war is not declared, he ought not to permit violations of territory and of flag. The conduct of the First Consul, during the fortnight in which he has received every kind of provocation, has been full of candour and good faith, and extreme moderation; but they will be strangely deceived, who suppose that this moderation can be carried so far as to view coolly any violations of territory or flag. Ch. Mau. Talleyrand. means in their power, to inform themselves of the circumstances to which such an interpretation has been given; and, in order to facilitate these inquiries, the undersigned requests that M. Talleyrand will have the goodness to communicate to him the particulars which have reached the French Government upon this subject. As to the English frigates which are supposed to be cruizing before the ports of the Batavian Republic, his Britannic Majesty does not conceal that there are several ships of war in the seas adjoining those A new circumstance soon demanded a new ports; but if the officers who command them remonstrance, It was known that the first have made any movements, or held any lanorders which were transmitted for the evacu- guage which can be regarded as hostile, their ation of the Cape, had been revoked; that conduct, in that respect, has been directly the evacuation had not taken place; and that, opposite to their instructions. The King in a state of perfect peace, a capitulation had relies with entire confidence in the assurances been concluded between the English and given him by the French Government, that Dutch troops: whence it resulted, that the the troops destined for Louisiana will not sail latter were only tolerated at the Cape, while in the present circumstances. The underthe English troops preserved the possession of signed can only repeat, what he has often it. The Minister for foreign affairs addressed declared to M. de Talleyrand, on the subject the following note upon this subject, to Lord of the articles which have appeared in the Whitworth; English journals; that is, that the British Mi nistry cannot be responsible, except for what The newspapers have just published a pre-appears in the paper which is published by their tended capitulation between the English and Dutch troops; whence it would result, that the Cape of Good Hope is still in the possession of the English. Though the First Consul has not been able to give any credit to the news of so extraordinary a violation of the treaty of Amiens, the reports which are circulated on this subject are so strongly accredited, particularly in London, and the details of the capitulation are so explicit, that the undersigned is charged to demand from the Ambassador of England such explanations as may dissipate every doubt on so serious a fact. The undersigned entreats the Ambassador of England to accept the assurance of his high consideration. Paris, 9th Germinal, Year 11. Ch. Mau. Talleyrand. The answers of the English Ambassador, dated the 15th and 17th Germinal, relative to the cruizers, and the non-evacuation of the Cape, are thus expressed ; Paris, April 5th, 1803. The undersigned Ambassador Extraordinary and Plenipotentiary of his Britannic Majesty, having transmitted to his Court the copy of the note communicated to him the 25th of the last month by M. de Talleyrand, Minister for foreign affairs, has it in charge to communicate to his Excellency, that the British Government has no knowledge of the facts which are therein represented as a violation of the territory of France. The Ministers of his Britannic Majesty have never theless thought it their duty to use all the VOL. III. authority, under the title of the London Ga zette. The undersigned refers to the moderation and the candour which have distinguished the conduct of the British Government during the course of the present discussions, to prove with what sincerity it desires to avoid every thing that might give rise to animosity between the two nations. The undersigned entreats M. de Talleyrand to accept the assurance of his high consideration. Whitworth. Paris, April 7, 1903. The undersigned Ambassador Extraordinary and Plenipotentiary of his Britannic Majesty, is charged by his Court to communicate to the French Government, in answer to the note which M. de Talleyrand, Minister for foreign affairs, addressed to him on the subject of the occupation of the Cape of Good Hope by the British troops, that orders were dispatched on the 20th November last, to cause that colony to be evacuated forthwith by his Majesty's forces; and conse quently that there is no doubt that that estab lishment is already restored to the Batavian Republic. The undersigned entreats his Excellency M. de Talley rand to accept the assurance of his high consideration. Whitworth. The answer of Lord Hawkesbury to the note of the 7th Germinal was received at the same time, and on the same day the British Ambassador transmitted the subjoined note. These two papers were conceived in the following terms: * M m m [For the first of these, see a note from Lord Hawkesbury to General Andreossi, dated Downing-street, April 3, 1803, which note is the second inclosure in No. 49 of the papers laid before Parliament on the 18th of May. See page 1057, of this volume.] [For the second, see a note from Lord Whitworth to M. Talleyrand, which was enclosed in No. 52 of the papers presented on the 18th of May, and which may be found at page 1061 of this volume.] After the delivery of these notes, a long conference took place, on the 18th of Germinal, between the Minister for foreign affairs and the English Ambassador; in consequence of which, Lord Whitworth agreed to write the following letter to his Govern ment: [This letter is the inclosure referred to, in No. 53 of the papers presented on the 18th of May, and may be found at page 1063 of this volume.] The English Ambassador received instructions from his Court in answer to this dispatch, in consequence of which, he sent the following note, without signature or date, on the 27th Germinal. [This note is the inclosure referred to in No. & this volume.] reduce to writing, and sign those propositions which contained the final decision of his court. Lord Whitworth refused; alledging that his instructions did not permit him to comply with this request. A mode of proceeding so totally new, as the exhibition of a verbal ultimatum, when the rupture of a formal treaty was in question, excited the greatest surprise: and it was for some days expected that the English ambassador would at last consent to present his propositions in writing: but the French minister applied to him in vain to do so; and no solicitation could induce him to depart from a course which he considered to be irrevocably traced out for him. The First Consul still persisted in giv ing a new testimony of the uniformity of his desire for peace; and, after some days spent in fruitless expectation, he ordered that the verbal propositions of Lord Whitworth should be replied to, in the same manner as if they had been regularly made under the official signature of the ambassador. The following is a copy of the answer :-- [See the first inclosure, referred to in No. 66 of the papers presented on the 18th of May, at page 1078 of this volume.] When the preceding note was on the point of being transmitted to the English ambassador, the minister received an official demand from him for passports to leave France. He, therefore, accompanied the note with a letter, in which he expressed his hopes that the communication might prove of such a nature as to change the ambassador's resolution. His resolution, however, remained unchanged; and he persisted in his demand for passports by the following note, in answer to that which had been transmitted to him. [See the second inclosure referred to in No. This proposition was preceded by an overture, still more unreasonable, which required that Malta should be ceded in full sovereignty, and in perpetuity, to the British government. But neither the first nor the second of these propositions could be made the subject of serious discussion, because they were both in complete contradiction to the treaty of Amiens, and consequently to 66 of the papers presented on the 18th of the basis of the negotiation proposed by May, at page 1079 of this volume.] France, and on which Lord Whitworth, Notwithstanding the positive manner in himself, founded the discussion, by the let-which Lord Whitworth demanded his passter he wrote to his court after the conference ports, the First Consul, who had constantly of the 18th Germinal. Such was the state of reflected on the means of avoiding a rupture, affairs on the 6th Floreal, when Lord Whit-resolved to make a last effort, and accordworth read the last instructions he had re-ingly directed the minister for foreign affairs ceived, and in consequence of which he re- to transmit the following note to the English quired, 1st, That his Britannic Majesty ambassador :-should retain his troops at Malta for ten years: 2dly, That the island of Lampedosa should be ceded to him in full possession: 3dly, That the French troops should evacuate Holland. [See a note from M. Talleyrand to Lord Whitworth, being the inclosure referred to in No. 67 of the papers presented on the 18th of May, at p. 1080 of this volume.] Lord Whitworth added, that in case The English minister took this note ad rea convention was not concluded upon the ferendum, and determined to send a messen above basis within the course of seven days, ger to his court. By the return of this his orders were to leave Paris, and return to courier, who was the bearer of a new and England. He therefore presented these con-important overture, Lord Whitworth reditions as the ultimatum of his government. The minister for foreign affairs then thought proper to require, that Lord Whitworth would ceived instructions, in consequence of which he presented the note and plan of convention which are here subjoined: |