proper to request Citizen Joseph Bonaparte to explain to him the precise intentions of the French government with respect to this matter. The French plenipotentiary replied, that France would employ her good offices, in order that the Prince of Orange might receive the indemnity which was due to him. It was afterwards proposed to confer on seseveral points which had remained in suspense. Lord Cornwallis communicated the answers of his government respecting the propositions stated in the Protocol of the 19th of January last. These answers amount to this statement, that every thing relative to the fishery of the island of Newfoundland, the islands of St. Pierre and Miquelon, and the French possessions in India, inay remain entirely on the same footing as before the war. However, to prevent any disputes which might arise on account of the fishery, Lord Cornwallis was authorized to renew the declaration made after the treaty of 1783, which was conceived in the following terms:

met, Citizen J. Bonaparte announced that he | had communicated to his government the difficulties which had arisen upon the articles relative to Malta; that he had it in charge to insist on their being inserted in the treaty, as they were transcribed in the Protocol of the 28th Nivose (18th January); that if this be refused by Lord Cornwallis, he consented to depart from it, and to recur to the literal execution of the preliminaries. He added, these stipulations have become a fundamental law, from which none of the contracting parties are permitted to deviate; an unwillingness to execute them, is an unwillingness for peace. To the religious observance of this principle, I have sacrificed several articles which in no respect are prejudicial to the interests of Great Britain; it was my duty to renounce them without hesitation, the moment it was demonstrated to me that they were not strictly included in the preliminaries. How can an article be now demanded, which is, in every respect, opposite to them? What do the preliminaries say?-That Malta DECLARATION.-In order that fishers of shall be restored to the Order of St. John of both nations may not be involved in daily, Jerusalem. Is the King of Naples the Or- quarrels, his Britannic Majesty shall take the der of St. John of Jerusalem? Is the Order most effective measures to prevent his subtoo weak? The projet gives them for gua-jects from troubling in any manner, by their rantees and protectors the principal powers of Europe. The preliminaries are satisfied with one power. The French government has thought, that the object of the preliminaries would be better accomplished by the united guarantee of the great powers; that it was more respectable and more proper: nevertheless as, above all, it desires the absolute, nay, literal execution, should that be required, of the preliminaries, it is ready to sacrifice for them this article, which a kind of political decency had dictated. I cannot, therefore, too strongly demand the insertion of the projet in the treaty, or the literal execution of the fourth article of the preliminaries. Lord Cornwallis reserved to himself to communicate this representation to his government, and to give his answer at an early conference. J. Bonaparte, Cornwallis.

PROTOCOL.

Amiens, 22d Pluviose, Feb. 11, 1802.— The British and French plenipotentiaries having met, Lord Cornwallis observed, that in a conference which had just taken place between him and the Batavian plenipotentiary, relative to the indemnities due to the Prince of Orange, as well on account of his dignities and charges, as on account of his property, the Batavian plenipotentiary replied, on the express authority of his government, that France had taken upon herself to obtain the said indemnities, without laying any part of the burthen on the Batavian Republic. Upon which Lord Cornwallis thought

competition, the fishing of the French during the temporary exercise of the privilege granted to them on the coasts of the island of Newfoundland, and will for that purpose cause the settled establishments formed there to be withdrawn. His Britannic Majesty will also give orders to prevent any interruption to the French fishers in the cutting of the wood necessary for repairing their scaffolds, cabins, and fishing vessels. The mode of fishing which has always been recognized, shall be the model on which the fishery shall be carried on. The French fishers shall build nothing but their scaffolds, shall confine themselves to repairing their vessels, and shall not winter on the island. The subjects of his Britannic Majesty, on their part, shall in no manner molest the French fishers during their fishery, nor damage their scaffolds during their absence.

Citizen Joseph Bonaparte said, he would make no observation at present on this declaration, the insufficiency of which was ac knowledged in the preliminaries, which state the necessity of making some just and reciprocal arrangements which may be useful tɔwards the preservation of peace. But that he would transmit the answers which had been made to his government.

J. Bonaparte, Cornwallis.

PROTOCOL.

Amiens, 29th Pluviose, Feb. 18, 1892. -The plenipotentiaries of the French Republic and his Britannic Majesty having met, Lord

his Sicilian Majesty. The same idea of giving a foreign and temporary protection to the Order has always been entertained by the two contracting parties. At last there remained no difference between them on that point, except as to the means of paying the garrison; and though the French plenipotentiary declared, three weeks ago, that France would not consent to pay any thing, he has not yet declared that his government would depart altogether froml its former determinations, if the means of defraying the expence could be pointed out. He only made known t at resolution in his statement of the 4th of this month, in which it is declared in a manner very little conciliatory. The British government, however, could not deviate from the sentiments expressed on this subject. It is still thought and believed, that all the powers will be of the same opinion, that a garrison is absolute

Cornwallis announced that he had commu- proposed that the island of Malta shall be nicated to his government the statement re-placed under the guarantee and protection of lative to Malta, made by Citizen Joseph Bonaparte in the Protocol of the 4th of this month; that he was directed to declare that his government would always adhere to the 4th article of the preliminaries, in the sense and spirit in which it must necessarily be understood by all who read it, and in which it was, in fact, understood by the French government when that article was agreed upon. That article expresses, not only that Malta shall be restored to the Order of St. John of Jerusalem, but that the island shall be placed under the guarantee and protection of a third power. The word protection, which was added to guarantee, was inserted for the purpose of designating an effective and not an ideal protection; and no one can doubt the necessity of an effective protection until the Order be in a condition to maintain the in dependence of the island against an external attack, as well as to support itself against the dangerous opposition whichly necessary, in the first place, for the proit is obvious it must experience on the part tection of the island. The British governof the inhabitants who continue to manifest ment must, therefore, insist for a protection the greatest animosity against the Order of of that kind, as the only means of restoring St. John. The British government possess the island to the Order of St. John of Jerusa very accurate information respecting that lem, and consequently of accomplishing the opposition, and Lord Cornwallis has had the execution of Article IV. of the preliminaries, honour of mentioning that subject on seve- Meanwhile, the English government, de ral occasions to Citizen Joseph Bonaparte. sirous to spare no pains in endeavouring to It is impossible that the Order of Malta can bring about an arrangement on this subject, of itself, for some time at least, possess a and to accelerate peace, has drawn up a plan, sufficient force for those objects. Lord in which Citizen Joseph Bonaparte will find Cornwallis therefore considers himself autho- the point relative to the definition of the Or rized to declare on his part, and with the der of Malta, which appeared to him doubt. greater reason, that not to be willing to ful on the discussion, fully particularized; grant to the Order the means of taking and he will perceive that almost all the pro possession of the island, and of maintaining positions in his project of the 18th of Januitself in that possession, is not to desire the ary, are adopted. Lord Cornwallis has the execution of the preliminaries, and not to de- honour of proposing to the French minister, sire the peace. In the first conference in the following terms:-1. The islands of which Lord Cornwallis had the honour to Malta, Gozo, and Camino, shall be restored have with Citizen Joseph Bonaparte, at Paris, to the Order of St. John of Jerusalem, on the on the 24th of November, that minister sug-conditions and under the stipulations which gested the King of Naples as the natural guarantee and protector of the island of Malta, on account of his sovereignty. Objections having been made to that guarantee, he afterwards named the Emperor of Russia; but he did not think it would be proper to admit a Russian garrison into the island. He concluded that day by proposing a plan, by which a Neapolitan garrison would be given to the island until the Order of Malta should be in a state to provide for its proper secutity. He even proposed that that garrison should be paid conjointly by France and England. Further, in the counter-projet of a treaty which Citizen Joseph Bonaparte transmitted to Lord Cornwallis, it is again

follow: 2. The Knights of the Order whose langues shall continue to exist after the exchange of the ratifications of the present treas ty, shall be invited to return to Malta as soon as the said exchange shall have taken place, They shall there form a General Chapter, and proceed to the election of a Grand Master, if that election has not been previously made in consequence of the declaration of the Em peror of Russia of the 16th of March last. It being understood that, in so far as may be compatible with the stipulations included in Article IV. of the present arrangement, the Order shall be held to consist solely of sech of the Knights as were qualified to vote for the election of a Grand Master at the period

Amiens, 29th Pluviose, Year 10, Feb. 18, 1802.

The plenipotentiaries of the French Republic and his Britannic Majesty having met, Lord Cornwallis repeated what he had the honour to state to Citizen Joseph Bonaparte, in the conference of the 11th of this month, but which had been omitted in the Protocol of that conference; namely, That the Ottoman Porte having formerly acceded to the Preliminaries of Peace between his Britannic Majesty and the French Republic, and their respective allies; and notified to the English Government the refusal of the Turkish Government to ratify the treaty concluded by Ali Effendi, the Turkish Ambassador Extraordinary at Paris; has, in consequence thereof, nominated the said Ali Effendi Plenipotentiary to the Congress of Amiens, to confer in the definitive peace. The British Government must, therefore, demand, that the Sublime Porte be admitted, either as a contracting party, or an acceding party to the said treaty. Lord Cornwallis afterwards communicated to the French Plenipotentiary, that his Britannic Majesty could not recognize the King of Tuscany, unless the district of Olivenza was restored by Spain to Portugal, and the presidi to the King of Naples; and, finally, until the King of Naples was

re-established in Piedmont. Citizen Joseph Bonaparte postponed his answer until the next conference. J. Bonaparte, Cornwallis.

pers

PROTOCOL.

Amiens, 30th Pluviose, Feb. 19, 1902.—The Plenipotentiaries of the French Repub ic and his Britannic Majesty having met, Citizen Joseph Bonapare proposed the insertion in the Protocol of the following note, in reply to the statement made by Lord Cornwallis in yesterday's conference. The undersigned has read with particular attention all the paof the negotiation, without discovering any trace of the proposition supposed to have been made by France, for delivering up the island of Malta to the troops of his Sicilian Majesty. Article IV. of the preliminaries cannot be interpreted in that manner. When the undersigned first had the honour of seeing Lord Cornwallis at Paris, on the 24th Brumiaire, he was far from imagining that their reciprocal felicitations on the facility with which the mission entrusted to them might be terminated, could be regarded as propositions and plans for a treaty; he had not even then received his powers. They were not delivered to him until the 30th of Frimaire, and it was only on the 11th of Frimaire that they were communicated to the British Minister: the latter, however, arrived in Paris, furnished with the instructions of his Government. In his first visit he spoke of Malta as an embarrassing article, though it had been agreed that there should be in that island a garrison, consisting of troops of another power, until the order had time to organize its armed force. Spain appeared to Lord Cornwallis inadmissible as a guaranteeing power, on account of her alliance with France: Russia he thought too distant, and Naples too feeble. The English Plenipotentiary, insisting constantly on a garrison to be furnished by the guaranteeing powers, as a basis agreed upon, observed, that Napics could not support the expence of such a garrison. It is possible that the undersigned may have added, that a consideration of that kind could not arrest two powers such as France and England. For the rest, the positive discussion of all these objects was referred to the time when the negotiation should be commenced. In the conferences which took place at Amiens, in the Protocols, in the project of the treaty of the 14th Nivose (Dec. 16,) the undersigned never suggested an idea which could make it be supposed that his Government would consent to the island of Malta being given up to the Neapolitan troops, to be guarded by them for three years. On the contrary, he proposed in the Protocol of the 23d Nivose (Jan. 13,) to place Maita under the guarantee of the principal powers of Europe, who should

each furnish 200 men. That island would
thus have been guarded by 1200 good troops
paid by the order, Lord Cornwallis having
himself observed, that the revenues of the
boundary appropriated in reserve, would sup-
ply the means. The anonymous paper trans-
mitted to the undersigned bears no mark of
authenticity: it appears to be drawn up by
some discontented persons. It is not the lan-
guage of the inhabitants of Malta, of a coun-
try which would have been nothing but for
the order. When they are made acquainted
with the article of the treaty which relates to
them, they will rejoice at the re-establish-
ment of an order in Malta, of which they are
to form an integral part. Admitting that cir-
cumstances require a pro isional and inter-
mediate garrison for Malta, from the time of
its evacuation by the British forces, until the
period in which the order shall have formed
a body composed of Maltese and strangers,
it is proved that the 4th article of the preli-
minaries, which restores the island to the order,
should be departed from as little as possible.
This article foresees the necessity of a guaran-
teeing and protecting power, the means of its
execution are left to the wisdom and good
faith of the two Governments. They are to
do every thing that Malta may be restored to
the order, and nothing else; nothing that
may restrain its prerogatives; nothing, which,
instead of offering a protection to the Knights,
would appear to give them a master, or di-
minish the exclusive influence that they ought
to have in Malta. The French Government,
by its projet, gives the order for its protec-
tors, England, Austria, Spain, Russia and
Prussia: it was hardly possible for the order
to be restored with more lustre, or be more
efficaciously protected. Why was there to
be a Neapolitan garrison of 2000 men for
three years? Was it against foreign enemies?
The protection of the six powers above named
was doubtless sufficient. Was it against the
Maltese? The order will be beloved then, if
the stipulations are carried into effect. It will
be the best internal defence that can be given
to it. But in agreeing to the necessity of a
garrison, was it only for security and for the in-
ternal police, is it necessary to be three years
forming a corps of 1000 men, which, joined to
four hundred Knights and 600 Maltese, would
be abundantly sufficient? Now that the plan is
admitted of delegating the guarantee and
protection of the order to the great powers,
would it be very important, or convenient
that the King of Naples should garrison it for
three years? Would it be agreeable either to
the protecting powers, or to the protected, or
to the Grand Master, to see the order guy ded
by the troops of that Prince who has lone
any claims on the sovereignty of the is and

Would it not be more conformable to the pre-treaty of an article respecting the powers of liminaries, to what is proper, if a foreign Barbary, as it is drawn up in this projet, and force is to be introduced into Malta, to for the union of the contracting parties, to ra se a corps of a thousand Swiss, the offi-put an end to the hostilities which the Baroary cers of which should be named by the com- powers exercise in the Mediterranean, to the mandary, and should be selected from them disgrace of Europe and of modern times. who have not borne arms in the present war. The simple notification of the toil of the conThey would probably ultimately fix them-tracting parties in this respect, will give peace selves at Malta; far from any foreign influ-to the trade of the United States, Portugal, ence, dependant on the Grand Master, they Naples, and the other states of Italy. And alone would be the soldiers of the order, and if any nations have to fear the rivalship, Malta would be to them a second country. which would then be greater in the MediterThe order would have every thing to gain in ranean trade, it is undoubtedly France and consideration and in independence, with a Spain, who by their position and their congarrison composed of Knights, Maltese, and nexions with the Barbary Powers, have at all a Swiss corps, suc as all other powers have times the greatest security and advantages in in their pay. It results from the observations, this branch of commerce. It is they then that France never consented to the establish- which would make the greatest sacrifice; but ment of Neapolitan troops at Malta, and con- in questions which interest the political mosequently not that the island should be given up rality and the dignity of the nations of Europe, to his Sicilian Majesty, to form, in concert with is it possible to confine one's views merely to the Maltese, the garrison of it for three years. considerations of self-interest? Strength is That was what was proposed by Lord Corn- given to nations, as well as individuals, to wallis in the conference of the 13th of January. enable them to protect the weak. It will be The French government, after the perse- consoling and glorious to see a war which has verance of the English to prolong for three produced so many calamities, terminate by years the stay of a foreign garrison in the an important benefit to all commercial nations. island, and of giving it up formally, not to This question is also connected with Malta, the order, but to his Sicilian Majesty, could and cannot be separated from it. If the connot avoid thinking, and were warranted in tracting parties do not take upon themselves saying, that they were departing from the to put an end to the hostilities of the Barbapreliminaries, and that the preliminaries were rians, it must then be truly said, that the Orthe basis of the peace. If this language did der of St. John is bound, by its original ennot appear conciliatory, it was not that the gagement, to wage an eternal war with the dispositions of France were changed; but nations of Barbary. Those generous men when one, in a discussion, has exhausted who founded the Commanderies, did it for the every argument without being able to con- purpose of protecting the Christians against vince, it is impossible that, in the common the piracies of the Barbarian Powers; and all course of reasoning, each party should not the political societies in Europe must agree, conclude that the other declines all manner of that if the order was to cease to discharge that arrangement. If the intention of the English duty, and fulfill the object of its institution, government is to maintain the Order of St. it would lose its right to the possession of that John and the island of Malta in perfect inde- property which was given to it for that conpendence, (as the undersigned wishes to supsideration. Lord Cornwallis has reserved his pose,) he hopes that the following projet, reply for one of the next conferences. which endeavours as much as possible to remove all foreign influence, will meet the approbation of Lord Cornwallis. This projet is certainly preferable in every point of view to those which have been hitherto presented, -the undersigned cannot too strongly press its adoption. If, however, the projet which establishes a Neapolitan garrison at Malta, should be irrevocably adopted by the British government, the undersigned, to hasten the moment of pacification, will consent to adopt it in the manner it is drawn up at the end of this note. Lord Cornwallis will see, in the two versions of the projet relative to Malta, the application of the principle that the undersigned has just developed. He is also charged with insisting on he insertion in the

J. Bonaparte, Cornwallis. SWISS VERSION*.-Art. I. The isles of Malta, Gozo, and Camino, shall be restored to the Order on the following conditions:II. The Knights of the Order are invited to return to Malta, as soon as the ratifications of this treaty shall have been exchanged. They shall form there a general Chapter, and proceed to the election of a Grand Master, if that shall not have been already done. III. France and England, wishing to place the Order of St. John in the most perfect inde

*Alteration of Article I.-Article I. The islands of Malta, Gozo, and Camino, shall be restored to the Order of St. John of Jerusalem, to be held by it on the same conditions according to which it enjoyed before the war, and under the following stipulations. * Kkk 2