that he could not conceive how the secret under the protection of a strong third governeo ld be kept at the congress; that as soon as ment. Citizen Otto replied, that if his gothe Briti h plenipotentiaries should require vernment consented to this expedient, and from the allies of France the sacrifices secret- to the delay which would thence result for ly agreed on, those allies would not fail to the evacuation of Malta by the English troops, implore the interference of France; that from it would be conformable to the rules of recithence the plenipotentiary of the First Consul procity that the kingdom of Naples and the would be obliged to declare himself in favour Italian states should not be evacuated by the of the English pretensions, and consequently French till the moment that Malta should be to discover the secret arrangement which so by the English. If such an arrangement have now been proposed: added to this, it should be agreed upon (replied Lord Hawkeswas entirely against the custom of this coun- bury), it would be but justice to limit the try, to ide the preliminaries of a pacifica- number of French troops in the south of tion so important, and that the ministry Italy, and to proportion them to the number could not do otherwise than make it known. of English troops in garrison at Malta. This This discussion having been considerably pro- precaution appeared to Citizen Otto to be longed without any success on either side, the misplaced, as it was quite an impossibility two plenipotentiaries agreed to postpone the that the French government would take adcontinuation of it to a future time, and to conti-vantage of those delays to exercise hostilities nue to debate on the subsequent articles. against Mlta. Without any thing being deArt. IV. which concerned the restitution and cided on the mode of the evacuation of the freedom of the Cape of Good Hope, was Malta, the plenipotentiaries agreed to wait agreed to, with some observations on the form the First Consul's answer on the subject, and of wording it. Article VI. respected the then to renew the discussion. Article VII. island of Malta. This had not appeared to relating to Egypt, was adopted, with some Lord Hawkesbury sufficiently explicit, as it observations on the wording, which would did not contain the express condition under appear in the counter projet. Lord Hawkeswhich his Majesty had determined to re-bury remarked, that it would be proper to nounce the island of Malta, viz. that the substitute to the title of Grand Signor, that of Order and the Isle should be placed under Sublime Porte, as more conformable to the the guarantee of another power; and he read etiquette of courts. Article VIII. which stito Citizen Otto the article of the counter-pro-pulated the integrity of the kingdom of Porjet of the British government, by which tugal, did not appear sufficient to Lord Rusia should be invited to take part in the Hawkesbury: he proposed to substitute, for artagents which concerned Malta, and the word kingdom, the words territory and even to and and garrison the island, in possessions of his Most Faithful Majesty. This quality of protector of the Order of St. expression might weaken the arrangements John. Citzen Otto answered, that the First made at Badajoz between France and Portu Consul did not refuse to admit Russia to be gal, respecting the limits of Guiana; and Citiguarantee, but that, in the article proposed, zen Otto refused to consent to the alteration. there were several clauses which would pro- Article IX. was agreed to by Lord Hawkesduce delays, and retard, not only the con- bury in substance: he only required that the clusion of the definitive treaty, but even its Italian states should be evacuated by the execution, in what related to the time that French, at the same time that Porto Ferrajo would there be stipulated for the evacuations: should be so by the English. Citizen Otte besides, the Order of Malta appeared to exist replied, that he was authorized to accept of in Russia; that, consequently, it would be this proposition, on condition of the underuseless to burden his Imperial Majesty with mentioned reserve, that Lower Italy should a protection which he had already formally not be evacuated by the French until the avowed. Lord Hawkesbury thought, for moment of the evacuation of Malta by the his part, that a schism existed in the Order English. Article X. respecting the times of of St. John: and that it was important to de- the respective evacuations, was adopted ver termine, clearly, where and what this Order batim by Lord Hawkesbury, and inserted in was, to prevent discussions which might take the counter-projet of his court. Article XI. place after the conclusion of the treaty: that, relative to the sending home of prisoners, besides this, his Majesty made too great a sa- gave occasion to serious discussions respecting crifice in renouncing Malta, not to take every a clause extracted from the preliminaries of precaution in his power to prevent that im- 1683, which Lord Hawkesbury wished to portant possession from coming eventually add to the article proposed by the French under the French government; that the pro- government, and by which the two governposition made tended to do away every motivements engaged to reimburse each other reof jealousy on the subject, in leaving the isle spectively for the advances made for the support of the prisoners of their respective | been submitted to the consideration of the nations. Citizen Otto protested against this High Chancellor of the Crown, who gave clause, as much too burthensome upon the his opinion at the cabinet. Citizen Otto deFrench government, which, after having clared, that, agreeable to a dispatch which he supported, at its own expence, during the had just received, it was particularly enjoinwhole war, the prisoners taken from the ed to him to include the allies of the republic powers allied with England, would also have in the dispositions of these articles under the to pay for the support of its own prisoners. condition of a just reciprocity for Great BriHe observed, that the article proposed by tain. Citizen Otto having then proposed the France was entirely conformable to that of discussion of the Articles XV. XVI. and the treaty of Luneville; and in this respect XVII. respecting the new arrangements to he thought he ought to insist on a sort of re- be made for Newfoundland, and for the ciprocity, founded on natural equity; and fisheries in general, Lord Hawkesbury dethat, on the other hand, the voluminous cor- clared, that, seeing the maritime superiority respondence which had been published con- of Great Britain, it belonged to her, rather cerning the maintenance of the prisoners, than to France, to take advantage of any arsufficiently proved that the law of nations did rangement which might be made on the subnot at all justify this precaution of the Eng-ject of the fisheries; that nevertheless his lish government, as, in his official letters, Majesty, in order to accelerate the progress which were often very severe, Mr. Dundas of the negotiation, renounced any advantage relied only on an arrangement made with the to which he might pretend on that head, and Directory of the French Republic, and on consented to restore this object to the footing it its convenience; that the example of the last was on before the actual commencement of the war, in which the number of prisoners was war; that those objects being entirely foreign nearly equal on both sides, and in which to his attributes, it would be impossible for him France had not to maintain from sixty to to discuss them without previously consulting eighty thousand prisoners belonging to the the admiralty, the merchants and captains of allies of Great Britain on the continent, could ships, particularly occupied in the fisheries; not be cited on this occasion; and that it that such a discussion would take up much would be so much the more painful for France valuable time, so necessary to the re-establishto make a similar sacrifice, as, since the sus- ment of the repose of Europe; that, during pension of the arrangement made by the a period of more calmness, it would be easy Directory, the greater part of the political to return to objects of this kind, which were writers of that country had published the merely commercial, and really formed a strongest invectives upon the pretended in- part of the commercial treaty. Citizen Otto difference of the French government to- answered, that the English government were wards the prisoners of their nation; and that not of this opinion in 1783, because it had even the official letters which Citizen Otto included in the preliminaries of peace the arhad answered at that time, contained very rangements concerning Newfoundland and serious inculpations on that subject: in fine, the fishery; and that those arrangements it would be sovereignly unjust to cause, at having, for a principal object, the preservathis day, the funds which Mr. Dundas had tion of good harmony between the two represented as a generous sacrifice made to hu- powers, it was in effect very easy to insert manity, to pass for a simple advance, but them in the preliminaries. Lord Hawkeswhich was really nothing more than a com- bury replied, that the example even of 1783, pensation for the expence incurred in France, ought to do away at this time all discussion of for the support of the English, Russian, Ba- that kind, as the plenipotentiaries had been varian, Swiss, and other prisoners of the fo- employed three months in discussing the arreign troops in the pay of Great Britain.- ticles which concerned Newfoundland; and Lord Hawkesbury observed, that what had that, without doubt, the discussion of the taken place with respect to Russian, Austrian, 15th, 16th, and 17th articles, would now reand other prisoners, could not be admissible quire still longer time; that with respect to in this negotiation; that the article proposed the disputes which might take place respecting by him was conformable to the treaty of 1783 the fishery, the treaty of 1783 appeared to and to that of 1763. Article XII. was adopt him the best calculated to settle them, beed by Lord Hawkesbury, without any modi- cause, since that time, no complaint had fication; and transcribed in the counter-pro- arisen on the subject, the fishermen jet of the British government. Articles both nations having been equally satisfied. XIII. and XIV. contained some documents-After resisting this conclusion as far as it relative to particular transactions, and to the concerned the French fishermen, citizen Otto civil law. Lord Hawkesbury had pre-in- observed, that there would be no inconveformed Citizen Otto, that these articles had nience in discussing the 15th, 16th, and 17th VOL. III. * of articles; being well persuaded, that, after a cool deliberation, they would appear to fulfil the object which they had in view; and that, farther, he was most specially enjoined to insist strongly on the adoption of those articles, on which the French government really put no value, but because they appeared essential to cement the peace between the two governments; and that, for this very reason, he looked on the refusal of the British government as an alarming presage for the future tranquillity of the fishery: that without doubt it would be easy to collect, in a few days, the opinions of the Admiralty, and the corporations which it might be necessary to consult, &c. Lord Hawkesbury persisted in his refusal, and supported it on the firm resolution of Council, and held to the arrangements made in 1783; and he required, on his side, the insertion of an article on this subject, conformable to that which had been proposed at Lisle by Lord Malmesbury. Citizen Otto was not at all authorised to admit this clause; and seeing that, for that time, there was no possibility of making any progress in the discussion, he adjourned it to another conference. Article XVIII. which related to the absolute freedom of the fishery, even in time of war, was considered by Lord Hawkesbury as incompatible with the interests of Great Britain, which, being the preponderating power at sea, as France was on the Continent, ought to be free, in time of war, to take, with respect to the fisheries, such measures as would appear most advantageous to her. It was to be observed, that the freedom enjoyed by the small fishing-craft and fishers at this time could only be considered in itself as an indulgence, founded on motives of humanity, and by no means as a right. Citizen Otto did not think that a preponderance either by sea or land could exclude those arrangements which tended to prevent such preponderance from degenerating into injustice or tyranny; he thought, on the contrary, that it was precisely the existence of such a preponderance that created the necessity of restraining it within the bounds of justice and equity; that consequently it would be honourable to the government which declared its maritime superiority, to establish itself, in time of war, the boundaries of its activity. War, answered Lord Hawkesbury, unfortunately brings with it the right and the obligation of doing all the injury we can to our enemy; and it is difficult for a nation to refuse the means of exercising this right in all its extent, as far as is reconcileable with the principles of the unalterable law of nations; that even if the demand of the French government in this article should be founded in justice, it is not of a nature to make a part of a treaty of peace, but rather of a treaty of commerce and navigation. Article XIX. was adopted verbatim by Lord Hawkesbury, with the exception of a clause, which admitted only the allies of the Repub lic to the congress. It appeared to him to be just, and founded on reciprocity, that the allies of his Britannic Majesty should be equally admitted if they should express a wish to that effect. This observation would have appeared incontestible to citizen Otto, if the allies of his Britannic Majesty had any thing to demand, or a sacrifice of any kind to make from the holding of the congress; but the preliminary treaty established completely their reintegration. Besides, France has treated separately with his most Faithful Majesty; and is also in a direct negotiation with the Ottoman Porte: it is then completely useless to bring into the congress two powers who have no reclamation whatever to make, no sacrifice to offer, and can only embarrass the negociations which it imports to the two powers to terminate with all possible promptitude. Lord Hawkesbury thought that probably the allies, and above all the Turks, would be disposed to place their interests in the hands of his Majesty, without sending Plenipotentiaries to the congress; but the King's Council having promised those powers not to make peace without their concurrence, and this demand being founded on an entire reciprocity be tween the two contracting parties, it was hoped that the First Consul would not oppose a measure which would be limited perhaps to a simple invitation. Under those circumstances the Minister of Exterior Relations addressed the following letter to citizen Otto: 24th Fructidor, 9th Year. Citizen, I answer your letter of the 21st Fructidor. The First Consul looks on it as necessary, either that you remit to my Lord Hawkesbury a note conceived in the terms I am going to inform you of, or that at least you will cause the contents to be inserted in the Protocol of your conferences; taking care to establish clearly that such are the precise and exact sentiments of the French government: you will judge of any thing which it may be thought better to do; in either case, here is what you ought to explain. The counter-projet remitted by Lord Hawkesbury, and the proces-verbal of the conference which has been held between him and you, having been laid before the French government, have produced important observations, which it is necessary to communicate. In the course of the negotiations, it has been established that the discussions, which have taken place between the two powers, are divided under the triple relation of Mediterranear, the East Indies, and America. Relative to the Medi once, Tobago and Trinidad. This colony, so important from its position, its riches, and its relation with the continent of South America; and this immense acquisition does not satisfy him; he would also have Demerara, Berbice, Essequibo, and the principal inlets of the commerce of South America, should remain open to his vessels; a liberty which he proposes to render common, but of which England will have all the advantage. We may say that it would be impossible to expect such propositions; and that if they were sustained, they would destroy all that the dispositions announced on the part of the English government, and which they had given room to hope for, and to have seen the salutary work of peace immediately terminated; for, in fine, it is not when it has ceded all that is compatible with its honour, that a government can suffer new sacrifices to be torn from it; and the First Consul, treating in the name of the French people, will never subscribe to conditions in which the honour of the nation is compromised. It is prescribed to you, Citizen, to give a formal assurance of it. terranean, the question is reduced to Egypt, | feels himself sufficiently powerful in this and to the positions occupid by the French country, and therefore will not require to enarmy on the coasts of the kingdom of Naples: large his possessions. It cannot be believed, besides for Malta and Mahon, it has been un- that, ruling without a rival in the Asiatic seas, derstood that all these countries shall be re- he would wish to acquire the same exclusive stored to the sovereigns who possessed them preponderance in the American seas, yet the before the war. The sovereign of Malta was First Consul had declared that he would not, the order of St. John of Jerusalem. This for an island of the second order, if there order, by its institution, has been from time was but that obstacle, continue the misforto time immemorial under the protection and tunes of war. The First Consul has not at immediate discipline of the Pope. If then all varied in his dispositions with regard to it was found that the order, in its present situ- this object, but at present it is no longer an ation, had found itself given up to danger- isle of the second order which the English ous dissensions, and to what the English Mi-government exacts; it is now two islands at nister calls a schism, it is then to the intervention and the influence of the Holy See that it would be most natural for it to recur to cause them to cease; when even the restitution of the isle of Malta shall be in question, and the order under the guarantee of a great power, it cannot be understood that this power will maintain troops in the fortress of Malta, because this isle is sufficiently understood to be in a situation to defend itself, and that any material occupation of it by a foreign power would be an attempt at the sovereignty even of the order. In other respects, how can the re-establishment of peace between France and England be rendered subordinate to a condition which is found to depend on a third power. The most proper will be incontestibly to stipulate the pure and simple restitution of the island of Malta to the order of St. John without a guarantee, without foreign protection. If there must absolutely be a guarantee, and that of Russia be admitted, such guarantee ought not to be attended with any military force, nor any other protection than that which results from the treaty itself, just as it always took place in the system of the politics of Europe; and if by the results there should be any points to decide with respect to Malta, the discussions should be referred to the negotiations for the definitive treaty; and then, without doubt, it will be perfectly acknowledged that the evacuation of Malta by the English forces cannot be delayed beyond the month agreed on for the evacuations in Europe, without compromising even the benefit of the re-establishment of peace, and without announcing any essential pretensions opposed to what has been agreed on just to the present period. With relation to the East Indies, it is acknowledged, that the two contracting parties appear to agree on what is to be restored, and nothing more necessary but to understand each other, Downing-street, Sept. 22, 1801. from the definitive treaty, on the relations to The undersigned, first secretary of state to be established in India between the different his Majesty for foreign affairs, has the honour European nations. In regard to America, to make known to M. Otto the reception of we are persuaded that his Britannic Majesty his official note of the 19th current. He is CH. MAUR. TALLEYRAND. Citizen Otto having converted into a note the instructions which this dispatch contained, was charged to add, in his conversation, that the First Consul having gone as far as honour would permit him, there was no room to hope that he would make one step more. And here we must observe, that in the conferences between Citizen Otto and Lord Hawkesbury, every time that the evacuation of Malta was mentioned, the English minister quibbled on the term, always adding, that the French troops should remain at Otranto till the moment in which the evacu ation of Malta should be completed. Let the following note be read: sincerely afflicted, that, after the concessions | Majesty has shewn to get rid of every other which his Majesty has shewn himself disposed difficulty, he cannot suppose that the French to make for the re-establishment of peace, government will raise a new obstacle on the the French government has raised difficulties possession of the island of Tobago. It is an as new as they are unexpected. The under- ancient property of his crown, the people are signed, in the desire of obviating all useless almost entirely Englisa colonists, and it is not discussions on the present state of the nego- of any value or interest to France. The untiation, explains freely the resolutions of his dersigned thus declares the opinion of the Majesty's government, on the different points government of his Majesty upon the five which have prevented the signing of the pre- points of difference which now remain to be liminaries. 1. The 2d, 3d, and 4th articles regulated by the two countries. On examin of the projet presented by order of the French ing the extent and importance of the terrigovernment, are absolutely inadmissible. His torial acquisitions made by France, and the Majesty will never consent that the prelimi- conditions of the peace which she has con nary articles shall announce, on his part, the cluded, with the powers despoiled of those engagement to restore to France and to her advantages: on examining, on the other allies, the conquests gained over them during hand, the extent of the conquests of his Mathe war, unless these same articles assure to jesty, and the small portion of them which his Britannic Majesty the compensations ad- he keeps, it is not possible to doubt the momitted as an equivalent for such restitutions. deration of his sentiments. His Majesty, If the French government will not, or can- however, is not less sensible of what he owes not, take this engagement for its allies, in to the honour of his crown, and will never favour of whom it stipulates, advantages of consent to conditions of peace, incompatible such importance, the undersigned is autho- with the propriety and maintenance of the rized to invite it to obtain of its allies, as British empire. HAWKESBURY. soon as possible, the authority necessary for One paragraph in this note worthy of remark that object. 2. The arrangements relative is, that in which Lord Hawkesbury formally deto Malta. His Majesty has only consented, clares, that the English garrison will not renot to occupy that island, but on the express main at Malta till the government of the Orcondition of its independence on France, as der of St. John is established; but that, on well as that of Great Britain. The only means the contrary, it shall be evacuated within the to succeed in this, is to place it under the time fixed for regulations of that kind in guarantee or protection of some power ca- Europe, provided the Emperor of Russia, pable of supporting it. His Majesty will not or some other power acknowledged by the persist in desiring to keep an English garri- contracting parties, undertakes the defence son in the island, till the establishment of the and security of Malta. To designate this government of the Order of St. John. He power was the subject of discussion; but as will be ready, on the contrary, to evacuate the discussions did not produce a final agreeit, in the time which shall be fixed on for ment, the article was framed in such a mantaking measures of this sort in Europe, pro- ner as to leave it to the definitive treaty to vided the Emperor of Russia, as protector of specify the guaranteeing power. Some the Order, or any other power acknowledged other points were also left to be decided by by the contracting parties, will efficaciously the definitive treaty. The preliminary artitake on itself the defence and safety of Malta. cles of peace were at length signed 9 Ven3. Portugal. As the French government in-démiaire; and it naturally follows, that every sists that the limits of French Guiana shall extend to the river Arawari; and as the Prince Regent of Portugal has confirmed the proposition, his Majesty will give his consent, provided that the integrity of all the states of his most Faithful Majesty in Europe will be guaranteed in every respect. 4. Demerara, Essequibo, and Berbice. If the French government accepts the arrangements that his Majesty proposes on the preceding points, his Majesty will renounce the pretensions he had formed, that the ports of these establishments should be open to the commerce and navigation of his subjects.5. Tobago. From the disposition that his honest man who reads and meditates the official papers which are here offered to his attention, must acknowledge, that the constant moderation of the First Consul, and his solicitude to make and receive overtures of pacification, have been the principal cause of an event which is of such great importance to the tranquillity and happiness of Europe. It may be thought useful to insert a correct copy of the preliminary articles. (Here follows the Preliminary Treaty, for which see Cobbett's Annual Register, Vol. I. Page 162; and for Part II. of these Papers, see p. 1857, of this Supplement.) IMPOR |