duties shall be applied to the support of the Maltese langue, to the civil and military establishments of the isle, as well as to the establishment of a general lazaretto, to be open to people of all nations. XI. The powers of Barbary are the only powers excepted from the dispositions of the two preceding articles, until they shall have themselves renounced their system of habitual hostilities. In that case the contracting parties engage, that they shall enjoy in Malta the same rights as all other nations. XII. The Order shall be governed both in their spiritual and temporal affairs by the same statutes which were in force when the knights left the island, unless altered by the present treaty. XIII. The dispositions declared in the 4th, 5th, 7th, 8th, and 10th articles, shall be changed into laws, and be fixed in the usual manner among the perpetual statutes of the Order; and the Grand Master, as well as his successors, shall be bound to cause them to be punctually obeyed. XIV. The different powers specified in the 9th article shall be invited to accede to the present stipulations. pendence with respect to them, agree, 1st. | there pay equal and moderate duties; these That there shall be neither English nor French langue at Malta. 2dly. That no individual of either country can be admitted into the Order, or allowed to remain in it. IV. The forces of his Britannic Majesty shall evacuate the island and its dependencies, within three months after the ratifications are exchanged. At this epoch it shall be restored to the Order in its present situation; provided that the Grand Master, or commissaries fully authorized, according to the ancient statutes, should be in the island to take possession of it, and that the force hereafter stipulated shall be then arrived. V. There shall be raised, at the expence of France and England, a body of a thousand Swiss, whose officers. shall be named by the Landamman. They shall be chosen from them who have formerly served in Holland, Spain, and Sardinia, but who have not borne arms in the present war. They shall repair to Malta, and the fortifications shall be put in their possession by the Grand Master, or his representatives. They shall be paid by France and England for a year, reckoning from the day of the exchange of the ratifications of the present treaty; afJ. Bonaparte. Cormvallis. ter which time the corps is to be in the pay NEAPOLITAN VERSION *.-Art I. The of the Order. It is to be recruited from islands of Malta, Gozo, and Camino, shall among the Maltese and the nations which be restored to the Order of St. John of Jepreserve langues at Malta. VI. There shall rusalem, on the following conditions:-II. be established a Maltese langue, which shall The Knights of the Order shall be invited to be kept up by the territorial revenues of the return to Malta as soon as the ratifications are island, and the commercial duties. This exchanged. They are there to hold a genelangue shall have dignities, pensions, and a ral chapter, and proceed to the election of a hotel like the others. Nevertheless proofs of Grand Master, if he is not before appointed. nobility shall not be rigorously required for III. France and England, wishing to place admission into this langue. The knights shall the Order of St. John in the most perfect inbe admissible to all employments and privi- dependence, with respect to themselves, agree, leges like the knights of the other langues. 1st, That there shall be neither English nor The principal, civil, and judicial employ- French langue. 2dly, That no individual bements in the nomination of the government, longing to either power can be admitted into shall be occupied (at least a half of them), by the Order, or allowed any longer to continue the native inhabitants of Malta. VII. Half in it. IV. The forces of his Britannic Maof the garrison at least, must be always com-jesty shall evacuate the island and its depenposed of Maltese, except in the case mendencies within three months after the extioned in the 5th article; for the remainder, change of the ratifications of the treaty. At the Order shall have the liberty of recruiting this epoch it shall be ceded to the Order in only among those countries which possess present condition, provided that the Grand langues. The Maltese troops shall have Mal-Master, or commissioners fully authorized, tese officers. The command in chief of all according to the ancient statutes, shall be the troops in the island shall belong to the then in the island to take possession, and that Grand Master, who shall also have the nomi- the provisionary force, hereafter stipulated, nation of the officers, VIII. The independ-shall have arrived. V. There shall be esta ence of the islands of Malta, Gozo, and Camino, as well as the present arrangement, are put under the protection and guarantee of France, Great Britain, Austria, Spain, Russia, and Prussia. IX. The permanent neutrality of the Order of Malta is proclaimed. X. The ports of Malta are open to the trade and shipping of all countries, who shall its blished a Maltese langue, which shall be supported by the territorial revenues, and com * Alteration from, Art. I.-Art I. The islands of Malta, Gozo, and Camino, shall be restored to the Order of St. John of Jerusalem, and to be held by before the war, and under the following stipula it on the same conditions by which it enjoyed them tions. mercial duties of the island. This langue shall have dignities, pensions, and a hotel, like the other langues. Nevertheless, proofs of nobility shall not be rigorously required for the admission of its knights. They shall be admissible to all posts and privileges like the knights of the other langues. The municipal, civil, and judiciary employments in the nomination of the government, shall be filled (at least one half of them) by native inhabitants of Malta. VI. Half of the garrison, at least, shall be always composed of native Maltese; as to the remainder, the Or. der shall have liberty to recruit from the natives of those countries which continue to possess langues. The Maltese troops shall have Maltese officers. The command in chief of the garrison of the island, as well as the nomination of the officers, shall belong to the Grand Master of the Order. VII. The independence of the isles of Malta, Gozo, and Camino, as well as the present arrange ment, are placed under the protection and guarantee of Great Britain, France, Austria, Spain, Russia, and Prussia. VIII. The permanent neutrality of the Order is proclaimed. IX. The ports of Malta shall be open to the commerce and shipping of all nations, who shall there pay equal and moderate du- | ties: those duties shall be applied to the support of a Maltese langue, and to the civil and military establishment of the island, as well as for the establishment of a general lazaretto, which shall be open to every flag. X. The powers of Barbary are alone excepted from the dispositions of the two preceding articles, until they shall have themselves renounced their system of habitual hostilities. In that case the contracting powers engage to make them enjoy in Malia the same privileges as other countries. XI. The Order shall be governed, both in spiritual and temporal affairs, by the same statutes which were in force when the knights left the island, except as the statutes may be altered by the present treaty. XII. The dispositions of the 4th, 5th, 7th, 8th, and 10th articles, shall be converted into laws and perpetual statutes of the Order, in the accustomed manner: and the Grand Master, as well as his successors, shall make oath to observe them punctually. XIII. His Sicilian Majesty shali furnish a corps of 1000 men, to serve as a garrison for Malta. This corps shall remain there a year, reckoning from the date of the exchange of the ratification to the present treaty. It is to be composed of old soldiers, natives of the dominions of his Sicilian Majesty. XIV. The different powers specified in the 7th article shall be invited to accede to the present stipulations. J. Bonaparte, Cornwallis, PROTOCOL. 2d Ventose, Year 10, 21st Feb. 1802.-The plenipotentiaries of the French Republic and of his Britannic Majesty, having met, Citizen Joseph Bonaparte demanded the insertion in the protocol of the following note, in answer to the declaration of Lord Cornwallis, contained in the protocol of the conference of the 29th Pluviose (18th February, 1802), relative to the Ottoman Porte. The preliminaries of peace have been signed between France and the Porte: they have been ratified by the Porte with this simple restriction, " Provided they are not contrary to the treaty of London:" as they are not contrary, the French government considers them duly and explicitly ratified. The Grand Seignior, in a letter to the First Consul, expressed a desire to treat directly with France, and to con vert into a definitive treaty the preliminary articles. In consequence, the ambassador of the Porte at Paris received full powers, and all necessary instructions. This ambassador has been presented to the First Consul, and has appeared convinced that France was necessary to Turkey, that he was ready to sign a definitive peace; but that he was bound, out of respect and deference, to acquaint the British minister with it. The First Consul consented, that he should immediately write to the British minister to inform him of this step, and a definitive peace will be concluded. Every peace which is not concluded directly between two such great powers as the Porte and France, may be a truce, but it will be a chimerical peace. There is, in the diplomatic system, two sorts of alliances, natural and accidental alliances. The alliance between England and the Porte being only accidental, it was the part of France, in the preliminaries, to stipulate the cessation of hostilities; but particular arrangements must be treated by our direct negotiation: to act otherwise, would be to place those powers in the second rank of states, and both of them belong to the first rank. All the assurances then which the French plenipotentiaries can give, are, 1st, That there shall be no secret article in this treaty. 2d, That it shall be entirely founded on the preliminaries. Any claim further than this would be unreasonable. In answer to the declaration of the English minister, with respect to the King of Etruria, contained in the same Protocol, and to the verbal declarations which have been formerly made with respect to the republics of Italy, Citizen Joseph Bonaparte has announced to his government the repugnance which his Britannic Majesty would have to acknowledge the King of Etruria, the Italian Republic, and the republic of Genoa. The acknowledgment of these powers by his Bri tannic Majesty, being of no advantage to France, the French plenipotentiary will no longer insist upon them. He desires, however, that the observations he now offers should be taken into the most serious consideration by the British cabinet. The political system of Europe is founded on the existence and acknowledgment of all those powers which share its vast and fine territories. If his Britannic Majesty shall refuse to acknowledge those powers which hold so distinguished a place in Europe, he renounces then all interest about the people which form these states. Nevertheless, how can the supposition be admitted, that the commercial interests of England should be indifferent to the trade of Genoa, of Leghorn, the mouths of the Po, and the Italian Republic? If its commerce should suffer any restraints in those countries, to whom could his Britannic Majesty complain, the reciprocity on his side being nothing, inasmuch as Genoa, Tuscany, and the Italian Republic, transact no commercial business in England, but are useful and necessary markets for British commerce? If those three powers, displeased at finding themselves not acknowledged by the great power, should make changes in their organization, and seek a refuge by an incorporation with a great continental power, his Britannic Majesty would debar himself from the right of complaining, and yet it is a subject he could not consider with indifference. There are sometimes complaints of the increase of the French Republic on the continent; and how can it be otherwise, when the great powers place the small states of Italy under an absolute necessity of seeking refuge | and protection in France alone? The Cisalpine Republic, although acknowledged by the Emperor at the treaty of Campo Formio, never could succeed to get its ambassador received at Vienna. It continued to be treated by that prince as if the treaty of Campo Formio had never existed at that time. Doubtless, as the general peace was not concluded, the court of Vienna looked upon its treaty as a truce: but, now that a general peace is made, if those powers were to remain uncertain of seeing their independence acknowledged, they would fear being again treated in that slighting manner which they have already experienced, and would feel the necessity of connecting themselves more closely with the French people. The same principle which induced France to abandon threefourths of the conquests she had made, has dictated to the First Consul the part of not intermeddling in the affairs of those small powers more than is necessary to re-establish order, and to found some stable organization. Must his moderation then have to conflict (we speak frankly) with the false and badly, combined measures of other powers; or is the peace to be only considered as a truce? Afflicting prospect! discouraging to all good men, but which must infallibly be productive of consequences which cannot be calculated. Lord Cornwallis has reserved the communication of this answer to his government. J. Bonaparte, Cornwallis. PROTOCOL. Amiens, 16th Ventose, Year 10, March 16, 1802. The ministers of the French Republic and his Britannic Majesty having met, Citizen Joseph Bonaparte presented the note and projet following:-The undersigned has removed from this projet every thing which might protract the discussions. It is composed-1st. Of articles taken literally from the preliminaries: they are unattackable *. 2d. Articles already agreed to by the two plenipotentiaries in the different Protocols whichhave been signed since the opening of the negotiations: those cannot be rejected without prolonging the negotiation indefinitely †. 3d. Lastly, of articles either wished for by the British minister, and entirely voluntary on the part of France, as the 18th article, or arising from the preliminaries, the preceding stipulations and verbal conventions; such as the residence of the French troops at Otranto, whilst Malta shall be occupied by the English; or as the 19th, relative to the Republic of Genoa--If that republic, as an ally of France, is at war with Great Britain-if the minister of his Britannic Majesty should declare that his government is at peace with that state, the 19th article becomes useless, and the undersigned withdraws it. The 10th article, with respect to Malta, has been approved by Lord Cornwallis in all its parts: he has only asked, in the Protocol of the 13th Pluviose (2d Feb.) that the King of Naples should be invited to furnish 2000 men, to be employed to guard the fortifications of Malta. The 1st of January 1800, was fixed in his projet for the evacuation of the island by the Neapolitan troops: there can therefore be no question about the 12th paragraph of the 10th article. The French government has refused every projet which did not tend to render the Order as completely masters of Malta as circumstances would permit. It was in this spirit that it presented the projet of an auxiliary Swiss force, as likely to be more dependent on the Order than the troops of a neighbouring prince. Those reasons are detailed in the Protocol of the 30th Pluviose (19th Feb.) It would be superfluous to repeat them here, and it would be difficult to 12th, 13th, 14th, 15th, 16th. * 1st, 2d, 3d, 4th, 5th, 7th, 8th, 9th, 11th, + Articles 6th, 10th, 17th, and 20th. prove that they were not more agreeable both to the spirit and the letter of tpeiminaries than any other projet. Notwithstanding, such is the desire of the French government to answer the expectations of two great nations, and of all Europe, that it has sacrificed its projet to that feeling. It has consented that the fortifications of Malta shall be entrusted to a corps of Neapolitan troops, but it thinks that the number of troops should be limited to 1000 men, and the time of their staying there to a year; persuaded that before that epoch the Order will have formed a corps of troops sufficient for the interior service of an island, guaranteed and protected by the great powers of Europe, and that the Order will be more completely masters in Malta, and the spirit of the preliminaries more followed, when the Order shall be defended, served, and obeyed by its own soldiers. The undersigned adds, that if the British ministers persist in thinking that at first 1000 Neapolitans would not be sufficient, the French government will doubtless consent that the number shall be encreased even to 2000, according to the English projet. This condescension will incline Lord Cornwallis not to insist on the term of three years. The French government cannot consent to it, without abandoning the 4th article of the preliminaries, which gives Malta to the Order, and not to the King of Naples. In consenting to give up that island to the troops of his Sicilian Majesty during the first year, the situation of the Order, and, above all, the desire of the French government to arrive at a speedy conclusion, may explain that stipulation-any other condescension could justify it neither in its own eyes, nor in those of the nation and posterity. The undersigned has no doubt that Lord Cornwallis allows the proper weight to the sentiments expressed in this note, and to the omission of several important articles, sacrificed to the desire which both governments entertain of a speedy and honourable peace, which can subsist only in as far as it shall be founded upon the preliminaries. The undersigned believes that he has proved, by the most convincing demonstration, the agreement of the projet of the definitive treaty annexed with the preliminaries signed at London. Treaty of Peace between the French Republic, the King of Spain and the Indies, and the Batavian Republic, on the one hand, and his Majesty the King of Great Britain and Ireland, on the other. The First Consul of the French Republic, in the name of the French nation, and his Majesty the King of Great Britain and Ireland, equally actuated by a desire of putting an end to the calamities of war, have laid the foundations of a treaty of peace, by the ar ticles signed at London the 9th Vendemiare, in the year 10 (1st of October, 1801). And as by the XVth article of the above-mentioned preliminaries, it has been agreed, that both on the one side and on the other, plenipotentiaries shall be appointed who shall repair to Amiens, there to proceed to digest the definitive treaty, in concert with the allies of the contracting powers; the First Consul of the French Republic, in the name of the French people, has appointed Citizen Joseph Bonaparte; and his Majesty the King of Great Britain, Marquis Cornwallis. His Majesty the King of Spain and the Indies, &c. and the Batavian Republic, after having acceded to the preliminaries, have named for their plenipotentiaries, viz. his Catholic Majesty the Chevalier d'Azara, and the Batavian Republic the Sieur Schimmelpenninck; who, after having duly communicated their creden tials and full powers, transcribed at the end of the present treaty, have agreed upon the following articles :-Article I. There shall be peace, friendship, and a good understanding, between the French Republic, his Majesty the King of Spain, his heirs and successors, and the Batavian Republic, on the one part, and his Majesty the King of Great Britain and Ireland, and his heirs and successors on the other. The contracting parties shall pay the greatest attention to the maintenance of perfect harmony between themselves and their nations, without allowing, either on the one side or the other, any sort of hostility to be committed either by land or by sea, upon any ground or pretext whatever. They shall carefully avoid every thing that may eventually interrupt the union happily established, and shall give neither assistance nor protection, either directly or indirectly, to those who would wish to injure any of them. II. All the prisoners shall be restored on one side and on the other in one month, at farthest, after the exchange of the ratifications of the present treaty, after paying the particular debts which they may have contracted. III. His Majesty the King of Great Britain restores to the French Republic, the King of Spain, and the Batavian Republic, all the possessions and colonies occupied or conquered during the course of the last war, with the exceptions of the island of Trinidad, and the Dutch possessions in the island of Ceylon. IV. His Catholic Majesty cedes and guarantees the whole property and sovereignty of the island of Trinidad to his Britannic Majesty. V. The Batavian Republic cedes and guarantees to his Britannic Majesty the whole property and sovereignty of all the posses sions and establishments in the island of Cey lon, which belonged to it before the war, 6. VI. The Cape of Good Hope remains in to take possession, and that the provisionary complete sovereignty with the Batavian Re- force hereafter stipulated shall have arrived. public, as previous to the war. French and 4. There shall be established a Maltese English vessels of every kind shall have the langue, which shall be maintained out of the right of trading there, and carrying from territorial revenue and commercial duties of thence such necessary provisions: they shall the island. This langue shall have the same always be received on the same footing. dignities, and the same income and residence, VII. The territories, possessions, and rights as the others. The municipal employments, of the Sublime Porte, are maintained in all administrative and others, civil and judiciary, their integrity as before the war. VIII. The at least as far as one half, shall be held by the limits of the French and Portuguese Guiana native inhabitants of the island. 5. The one are fixed to the river Arawary, which falls half, at least, of the garrison shall always be into the ocean below Cape Nord, near New composed of native Maltese; as for the rest, Island, and the Island of Repentance, about the Order shall have the liberty of recruiting a degree and one third of northern latitude; them among the natives of those countries only these limits follow the river Arawary from its who continue to possess langues. The Malmouth farthest removed from Cape Nord to tese troops shall have native officers. The its source, and then stretch westward in a chief command of the whole garrison of the straight line from that source as far as Rio island, as well as the nomination of the offi Branco. So that the northern banks of the cers, shall belong to the Grand Master of the river Arawary, from the place where it last Order, without the power of delegating his discharges itself to its source, and the coun- authority to any particular commander. tries which lie to the north of the line of The independence of the isles of Malta, those limits, fixed on as above, shall belong Gozo, and Camino, as well as the present in full sovereignty to the French Republic. arrangement, are placed under the proThe southern bank of the said river, from tection and guarantee of France, Great Brithe same place of discharge, and all the tain, Austria, Spain, Russia, and Prussia. countries to the south of the said line of limits, 7. The permanent neutrality of the Order of shall belong to her Majesty of Portugal. The Malta is proclaimed. 8. The ports of Malta navigation of the Arawary along its whole shall be open to all nations, upon payment of course shall be common to both nations. equal and moderate duties. The duties shall The arrangements that have taken place be- be applied to the maintenance of the Maltese tween the courts of Madrid and Lisbon, for langue, to that of the military and civil estathe settling of their frontiers in Europe, shall blishments of the island, as well as to that of be executed according to the treaty of Badaa lazaretto general, open to the flags of all najoz. IX. The Republic of the Seven Islands tions. 9. The powers of Barbary are alone is recognized. X. The Isles of Malta, Go-exempted from the dispositions mentioned in is recognized. X. The Isles of Malta, Go- the two preceding paragraphs, till they have zo, and Camino, shall be restored to the Or der of St. John of Jerusalem, to be by it pos- 10. The Order shall be governed by the same renounced their system of habitual hostility. sessed and held upon the same conditions as before the war, and under the following sti- force while the knights were out of the island, laws, spiritual and temporal, which were in pulations:-1. The Knights of the Order are invited to return to Malta as soon as the exprovided they be not contrary to any thing change of the ratifications shall have taken tioned in paragraphs 4th, 5th, 7th, 8th, and herein stipulated. 11. The dispositions menplace. There they shall form a general chap 10th, shall be converted into perpetual laws ter, and proceed to the election of a Grand and statutes of the Order, in the usual form; Master, if it shall not have been done before. and the Grand Master and his successors shall 2. France and England wishing to put the be obliged to take an oath punctually to obOrder of St. John in a state of the most per- serve them. 12. His Sicilian Majesty shall furfect independence in regard to them, agreenish a corps of 1000 men to garrison Malta. This that there shall be neither a French nor English langue, and that no individual of either nation shall be there admitted, nor continue to form part of the Order. 3. The forces of his Eritannic Majesty shall evacuate that island and its dependencies in three months after the exchange of the ratifications; at that time it shall be delivered to the Order in the condition in which it was found, provided that the Grand Master, or his coininissaries fully authorized according to the ancient regulations, shall be in the island 1 corps shall be placed there within a year from the date of the exchange of the ratifications of the present treaty. It can only be composed of the ancient native troops of the states of his Sicilian Majesty. 15. The different powers specified in paragraph 6th, shall be invited to accede to the present stipulations.-XI. The French troops shall evacuate the kingdom of Naples, and the dominions of Rome. XII. The evacuations, cessions, and restitutions, stipulated by the present treaty, shall be executed for Europe in one month; for the con |