Cornwallis, J. Bonaparte.

PROTOCOL.

an agreement with the other powers, in conse- be open to the commerce and the navigation quence of which all the belligerent nations of all nations, who shall there pay equal and should in time of war respect the independence moderate duties: the revenues accruing thereof the island of Malta, and that it should be for from shall be applied to the maintenance of each of them a lazaretto, under their com- the Maltese langue, to that of the civil and mon guarantee. Lord Cornwallis declared, military establishments of the island, and also that while he adopted part of the principles to that of a lazaretto, which all nations may of the French government respecting Malta, use, in case of necessity. X. The principle he believed he should make the intentions of of perpetual hostility being abolished, the flag his court better known, by inserting in the of the Order shall be under the protection of Protocol the following articles, which he the above-mentioned powers. XI. The said hoped would reconcile the views of the con- powers shall be invited to accede to this artracting parties:The island of Malta, with rangement. XII. The rights of sovereignty its dependencies, shall be restored to the Or- of the King of the Two Sicilies over the der of St. John of Jerusalem, on the follow island of Malta, are formally recognized; ing conditions:-I. In order to secure the consequently the Grand Master of the Order absolute independence of that island, it shall of Malta, or his representative, shall hencebe put under the guarantee and protection of forth receive, in the name of the Order, the Great Britain, France, Austria, Russia, Spain, oath of fidelity to the crown of Sicily, which and Prussia. II. The ports of Malta shall was taken at the time of the original grant, as be, at all times, neutral; and that neutrality also an oath (similar to that taken by the comshall be preserved, notwithstanding any hos-missaries of the Order at that epoch) to maintilities whatsoever in which the powers tain the rights and privileges of the people above-mentioned may find themselves en- of Malta and Gozo, as they are specified in gaged. III. The Order of St. John of Jeru- the present arrangement. The conference salem shall abolish the principle of a perpe- was deferred to the following day. tual war agains the infidels. IV. In regard to the sovereignty of the crown of Sicily, the ports of Malta, of Gozo, and of Camino, Amiens, 28th Nivose, Year 10, 18th Jan. shall be shut against the armed vessels, or 1802.-The plenipotentiaries of the French the prizes of any of the powers of Barbary Republic and his Britannic Majesty having whatsoever, every time that these powers met, Citizen Joseph Bonaparte proposed to shall be at war with his Sicilian Majesty. pursue the discussion relative to Malta. He V. The forces of his Britannic Majesty shall declared that, animated with the desire of a evacuate that island in three months, reck- prompt conciliation, his government would oning from the ratification of the present renounce a part of the articles which it had treaty; and it shall be surrendered in its pre- proposed, and admit several of those in the sent state to his Sicilian Majesty, who shall project presented by the British minister; furnish the force which he shall judge neces- that as to the IIId, IVth, and Xth articles, sary to form, conjointly with the Maltese relative to the abolition of the principle of troops, the garrison of the principal forts, perpetual warfare against infidels, and the during the space of years. VI. In stipulation which (as their consequence) would order to give his Sicilian Majesty the means open to them the ports of Malta, it conceived of maintaining the said provisional garrison, that those articles, though conformable to the his Britannic Majesty and the French Repub- soundest ideas, would nevertheless meet with lic agree to pay, annually, in equal propor- many obstacles on the part of the states postions (the payments being to be made every sessing Maltese langues, unless a reciprocity six months) the sum of VII. After were established on the part of the states of the said terin of six months, the half, at least, Barbary. But, in the present system of hosof the garrison shall be composed of native tilities, how can it be proposed to those Maltese; and for the remaining part, the Or-powers to supply the Order of Malta, whose der shall have power to recruit among the natives of the countries which shall continue to possess langues in the Order. The native Maltese troops shall have Maltese officers; and the command in chief of the garrison, as well as the nomination of the officers, shall belong to the Grand Master of the Order. VIII. There shall be established a Maltese langue, which shall be maintained by the territorial revenues and the commercial duties of the island. IX. The poils of Malta shall

ports would offer an asylum to their enemies, and a station where the Barbary corsairs would lye in wait for the mercantile vessels as they came out of the ports of Sicily, the Adriatic, and the Levant? On the other side, is this the moment for commencing a discussion which affects so many different interests, and the solution of which could not fail to retard the conclusion of a work expected by both nations with too much impatience to permit its progress to be interrupted by accessary

answer the antecedent proposition, at an
early conference.
J. Bonaparte.

PROTOCOL.

objects? It seems proper to leave it to the wisdom of the two governments to choose the moment when, secure from all the existing prejudices, it will be an easier task to attempt Amiens, 29th Nivose, year 10,—19, Jan. 1802. the abolition of a system proscribed by the -The plenipotentiaries of France and Engliberal principles which direct the two na- land, having met for the continuation of their tions. The following articles may conciliate labours, observed, that both nations must exthe rights and the interests of all parties. pect, with equal impatience, the signing of the Art. I. The islands of Malta, of Gozo, and of definitive treaty; and that the only means of Camino, shall be restored to the Order attaining that object was doubtless to inform of St. John of Jerusalem. II. The Knights each other mutually, and without delay, of the of that Order shall be invited to repair points which each of the governments was thither, as soon as the ratifications of the pre- disposed no longer to contest. Lord Cornsent treaty shall have been exchanged. They wallis instantly declared that he consented to shall there assemble in a general chapter, and adopt the form of the preamble employed in proceed, within the space of three months, to past treaties between the French Republic the election of a Grand Master, should suc.. and other powers. He likewise consented to choice not have been made on the continent stipulate in the definitive treaty, the maintebefore that epoch. III. The forces of his nance of the privileges, ranks, and prerogaBritannic Majesty shall evacuate the island tives, enjoyed by ambassadors, ministers, and and its dependencies within three months after other agents of the contracting powers, before the exchange of the ratifications: it shall be the war. As to what related to-1. The exrestored to the Order in the state in which it change of the islands of St. Pierre and Minow is. IV. There shall be established a quelon for a part of the island of NewfoundMaltese langue, which shall be maintained land,-2. The cession of an establishment for by the territorial revenues and commercial the fishery in the Malouine isles,-3. The duties of the island. V. One-half of the gar-neutrality of fishers in time of war; Lord rison, at least, must always be composed of Cornwallis said, that these articles having Maltese; for the remainder, the Order shall been presented and rejected before the signhave power to recruit among the natives of ing of the preliminaries, could not be re-prothe countries which continue to possess duced with greater success. Citizen Joseph langues. The Maltese troops shall have Mal- Bonaparte, in his turn, declared that he detese officers. The chief command of the sisted from the demands relative to the above garrison, as also the nomination of the off-three articles. Lord Cornwallis then declared, cers, shall belong to the Grand Master of the Order. VI. The island is put under the protection and guarantee of France, Great Britain, Austria, Russia, Spain, and Prussia. VII. The permanent neutrality, of the Order | of Malta is proclaimed. VIII. The ports of Malta shall be open to the commerce and navigation of all nations, who shall therein pay equal and moderate duties. Those duties shall be applied to the maintenance of the Maltese langue, the civil and military establishments of the island, and also to that of a general lazaretto, open to all flags. IX. The powers of Barbary are alone excepted from the dispositions of the preceding article, until they themselves shall have renounced their system of habitual hostility. In this case the contracting parties engage to preserve for them the enjoyment of the same rights in Malta with every other nation. X. The Order shall continue to be governed, both as to spiritual and temporal affairs, by the same statutes which were in force at its departure from Malta. XI. The powers whose guarantee is invoked in the 6th article, are invited to accede to the present arrangement. Lord Cornwallis has reserved to himself to

that his government could not consent to the abolition of salutes at sea, because that was unprecedented, and had no connection with the present war. He demanded from what motive the French government, in its counterproject of treaty, affectedly detailed all the restitutions which were to be the result of peace; whilst it was more simple and more proper to place the parties in the same state as before the war. Citizen Joseph Bonaparte replied,-1. That salutes at sea being a source of pretensions and disputes, it appeared proper to stipulate their abolition. 2. Tuat the nominal description of the objects to be restored, had for its object to make known, by a single law, the positive state of the contracting nations, so as to have no longer any occasion to recur to anterior treaties. He added, that notwithstanding the merit of the considerations relative to these two articles, his government was disposed also to desist from them in favour of peace. Lord Cornwallis demanded, that the article relative to the sequestrations should be inserted literally in the definitive treaty as it stood in the preliminaries, and in the project presented by his government. He observed, that the addi* Iii 2

tional

tional clause of the counter-project which says, | shall consent to exchange the district of Valthat "English creditors in France cannot be dahour for that of Bahour, which belongs to more favoured than the French themselves," France; inasmuch as this arrangement, which, would be prejudicial to the English nation, it is said, was to have been made at the time inasmuch as the English government had not of the treaty of 1783, would secure to the intouched the property, the effects, or the funds habitants of Pondicherry the articles of the of any Frenchman; that of France, on the first necessity; and that, without requiring an contrary, had seized all that the English had important sacrifice, it would terminate conti in France, and had made only imaginary re-nually reviving difficulties. 3. That at the imbursements. Whatever right the French period of the restitution of Yanaon, France government had to proceed in this manner shall also be put in possession of the tract towards French citizens, according to the law which always belonged to her, on the left of circumstances, it could not so dispose of bank of the Coringuy, where the merchanwhat belonged to the English. Citizen Joseph dize intended for Yanaon is embarked; and Bonaparte took this article ad referendum- as the river has successively encroached upon Lord Cornwallis then proceeding to reply to the greater part of the tract where the workthe demands made by citizen Joseph Bona- shops are situated, there shall be granted an parte, relative to the augmentation of the equivalent tract on the opposite bank; so that French territory and commerce in India, said, the weavers driven out by the inundations, That the conditions proposed by France would may still find an asylum. And that, in exeproduce endless discussions, and that the Eng-cution of the treaties of 1783 and 1787, the lish government persisted in the return to the French may have, for the trade carried on by same state in which both nations were before them on the coast of Coromandel, and partithe war. Citizen Joseph Bonaparte observed, cularly for the execution of their contracts in that the pure and simple restitution of the the interior of the country, the same means French possessions in India, being rather to of security and protection as in Bengal. 4. That be considered as a charge than a benefit, it on the Malabar coast, France, in entering into would be natural enough that France should possession of Mahe and its dependencies, shall insist upon her demands relative to important equally recover the petty territory of Courchy, ameliorations; but that this government, wish-which has always belonged to her since the ing to accelerate the epoch of a peace so de- cession made by the king of Colastrie, to M, sirable for the whole world, insisted only on Mahe de Labourdonnaye, and of which Tipthe following dispositions:-1. That England poo Sultaun never had a right to dispose in shall give up, or cause to be given up to France, favour of the English, as he was not the prothe seven Joukans, or tolls of Villehour; inas-prictor of it; and, lastly, that France should much as the district of Villehour forming part of the territory of Pondicherry, was granted without any reserve or restriction, by the Soubah of Dekan and the Nabob of Arcot, to the French East-India Company. That the treaty of 1783 confirmed this property, (and that, too, without any restriction,) and yet France has the dissatisfaction still to see, that duties, to her burdensome, and extremely inconvenient, are levied in her own territory, in the name of a foreign power. A remonstrance was presented upon this subject in 1785, by Messrs. De Bussy and Coutanceau to Lord Macartney, who answered, that the joukans in question formed part of the ancient district of Valdahour, and belonged to the Nabob of Arcot. It was replied, that the district of Vilhehour had, itself, formed part of the district of Valdabour; and yet that, since the grant and confirmation above men-charged to demand accordingly,-1. That the tioned, it had formed a district completely French fishermen of the island of Newfoundseparate; that, consequently, each proprietory land, shall be p.otected in the same na iner as nation should enjoy the accessories of its por- the English themselves. 2. That France, s..ould tion. Nothing was decided with respect to she deem it proper, shall have a commercial this just demand, by the explanatory conven-agent at St. John. 3. That, in virtue of setion of 1787; and it is hoped that it will at veral treaties, we shall have the right of fishlength be done justice to. 2. That England ing exclusively, and at all seasons, on thệ

have permission to establish a factory at Alepe, should she think proper, in order to have a share of the pepper trade in the country of the King of Travancore. Lord Cornwallis said, that he reserved himself to answer, in the subsequent conferences, the demands above stated. Citizen Joseph Bonaparte, not being able to lose sight of the important article of the fishery, stated that France, in renouncing the XI, XII, XIII and XIVth articles of her counter-projet, had only reserved to herself to propose modifications, which from experience seem to be indispensable, and which had been foreseen by the XIIth article of the preliminaries; wherein it is said, "that in the definitive treaty, just or reciprocally advantageous arrangements shall be taken, to place the fishery of the two nations in the state best adapted for maintaining peace." We are

Amiens, 7 Pluviose, Year 10, 27 Jan. 1802. The Plenipotentiaries of the French Republic, and his Britannic Majesty, after having anew discussed several points, on which nothing could be determined without waiting for the decision of their respective governments, conceived that, to accelerate the labour with which they were charged, they ought, without further delay, to agree as to the form and wording of several articles already agreed upon as to their substance. Accordingly they drew up the following articles:

TREATY OF PEACE, &C.

The First Consul of the French Republic, in the name of the French people, and his Majesty the King of the United Kingdom of Great Britain and Ireland, &c. being animated with an equal desire to put an end to the cala mities of war, have laid the foundation of peace in the preliminary articles sigued at London, the 9th Vendemiaire, year 10, [1st Oct. 1801.] And as, by the XVth art. of the said preliminaries, it has been stipulated, that plenipotentiaries should be named on each side, who should proceed to Amiens

Mediterranean; two months from the said
Canary Islands as far as the Equator; and,
lastly, five months in all other parts of the
world, without any exception, or any more
particular description of time or place. Art.
The ambassadors, ministers, and other agents
of the contracting powers, shall enjoy, re-
spectively, in the states of the said powers,
the same rank, privileges, prerogatives, and
immunities, which public agents of the same
class, delegated by the contracting powers,
enjoyed previous to the war.
Art. The pre-
sent treaty shall be ratified by the contract-
ing powers in the space of twenty days, or
sooner, if possible. And the ratifications
shall be exchanged in due form at Paris.

Joseph Bonaparte, Cornwallis.

PROTOCOL.

Amiens, 8th Pluviose, Year 10, Jan. 28, 1802. The following article has been agreed upon by the French, English, and Batavian ambassadors:-The Cape of Good Hope remains in full sovereignty to the Batavian Republic, as it was before the war. French and English vesseis of every description shall have the right to put in there, and to purchase such supplies as they may stand in need of; they shall always be admitted on the same footing.

J. Bonaparte, Cornwallis, Schimmelpenninck,

PROTOCOL.

Repulic. The southern bank of the said river, from its source, and all the lands to the southward of the said line of demarkation, shall belong to her most Faithful Majesty, The navigation of the river Arawari, through out the whole of its course, shall be commen to both nations. Art. The Republic of the Seven Islands is acknowledged. Art. The evacuations, possessions, and restitutions stipulated for by the present treaty, shall take place in Europe, within -; in the continent and seas of America, and of Africa, within three months; and in the continent and seas of Asia, within six months after the ratification of the present definitive treaty. Art. In all the cases of restitution agreed upon by the present treaty, the fortifications shall be delivered up in the state in which they may have been at the time of the signature of the preliminary treaty; and all the works which shall have been constructed since the occupation, shall remain untouched. It is farther agreed, that in all the cases of cession stipulated in the present Treaty, there shall be allowed to the inhabitants, of whatever condition or nation they may be, a term of three years, to be compated from the notification of the present definitive treaty of peace, for the purpose of disposing of their property, acquired and possessed, either before or during the war; in which term of three years they may have Amiens, 13th Pluvicse, Year 10, Feb. 2, the free exercise of their religion, and the 1802-The plenipotentiaries of the French enjoyment of their property. The same pri-Republic and his Britannic Majesty having vilege is granted, in the countries restored, to all those who shall bave made therein any establishments whatsoever, during the time those countries were in the possession of Great Britain. With respect to the inhabitants of the countries restored or ceded, it is agreed that none of them shall be prosecuted, disturbed, or molested in their persons or properties, under any pretext, on account of their conduct or political opinions, or of their attachment to any of the contracting powers, nor on any other account, except that of debts contracted to individuals, or on account of acts posterior to the present definitive treaty. Art. In order to prevent all causes of complaint and dispute which may arise on account of prizes which may have been made at sea after the signature of the preliminary articles, it is reciprocally agreed, that the vessels and effects which may have been taken in the British Channel, and in the North Sea, after the space of twelve days, to be computed from the exchange of the ratifications of the said preliminary articles, shall be restored on each side; that the term shall be one month from the British Channel and the North Seas, as far as the Canary Islands, inclusively, whether in the ocean or in the

met, Lord Cornwallis presented the projet which had been communicated by the French minister, in the conference of the 28th Nivose, (19th January); he declared that he was prepared to adopt it, with the modifications contained in the following article, which would form the fifth of the projet :-Inas much as the Order has not, at this time, ei ther troops, or the means of paying them, it is agreed, that the King of Naples shall be invited to furnish two thousand men, to be employed in guarding the fortifications, under the orders of the Grand Master. France and England mutually engage to pay each twenty thousand pounds sterling yearly, for the subsidiary pay of this garrison: this pay shail be continued until the 1st of January, 1805, the period at which the troops of the Order, formed in the manner stated in the sixth article, shall be alone entrusted with the defence of the fortifications. After considerable discussion, the French minister agreed refer the matter to his government.

Bonaparte, Cornvallis.

PROTOCOL.

Amiens, 15th Pluviose, Year 10, Feb. 4, 1802.-The plenipotentiaries of the French Republic and his Britannic Majesty having