qui est survenu des avaries, et entre autres celle de la perte de son beaupré, ce qui lui a obligé de se refugier au port de Flessingue. Il y est entré vers le milieu du mois Juillet de cette année, quand un détachement des troupes Françaises, commandé par des officiers, s'est rendu abord et s'est emparé du vaisseau et de la cargaison, sans que le capitaine ait pu savoir la cause de cette saisie. Le vaisseau y est detenu encore. Les cir constances de cet evènement, si elles sont en effét telles que le capitaine et les proprietaires les ont réprésentées au gouvernement Britannique, semblent lui donner une qualité hostile de la part des officiers Français qui paraissent avoir voulu faire prise du batiment au lieu de lui accorder l'asile, l'hospitalité et le secours, auxquels il pouvait s'attendre dans le port d'une puissance maintenant en paix avec l'Angleterre. Dans le cas actuel il ne s'agit pas de marchandises Anglaises (si le capitaine aurait tenté de les introduire par contrebande-ce donc il n'a pas même été accusé) puisque toutes celles qui si trouvent abord du Nancy sont d'autres pais, qui n'auraient pas pu être importées en Angleterre que comme prises sur l'ennemi, et quoiquelles eussent été du cru, ou des manufactures d'Angleterre l'arrivée forcée du batiment semblerait les exempter de l'application de cette loi de la Republique Française qui condame encore toute production du sol, ou de l'industrie de la Grande Bretagne. C'est d'après les ordres de ma cour, citoyen ministre, que j'ai l'honneur de vous representer cette affaire, et de réclamer auprès de vous non seulement le prompt clargissement du susdit bâtiment, avec sa cargaison, mais qu'il soit fait justice aux propriétaires pour les pertes qu'ils ont essuyées par la detention de leurs effets. Le gouvernement Anglais ne doute aucunement que les sentiments d'equité qui guident celui de la république ne le disposent à acceuiller favorablement ces démandes, pourvu qu'il n'y ait aucun crime constaté contre le capitaine. Je saisis avec empressement, citoyen ministre, cette occasion pour avoir l'honneur de vous renouveller les assurances de ma haute consideration. A. MERRY. Au Citoyen Talleyrand, &c. No. 16.-Copy of a Note from Mr. Merry to M. Talleyrand, dated Paris, 22d October, 1802-In Mr. Merry's separate dispatch, October 25th, 1802.-Citoyen Ministre, I vient de se presenter un nouveau cas où un batiment Anglois a sente d'une maniere bien frappante les effets de la loi de la République Françoise qui confisque tout navire abord duquel l'on trouveroit la moindre chose qui fut de fabrique Angloise. Le brig George, commandé par le Sieur Jean Newham, est entré dans le port de Charente au commence ment d'Aout de cette année pour prendre un chargement d'eau de vie, destiné pour Londres, n'ayant abord autre chose que son l'est, et les provisions necessaires pour le voyages. Les douanniers n'ont donc pas pu trouver autre chose de quoi se saisir que des ustensiles de la chambre du capitaine (qu'il ne croyoit pas devoir declarer) tels que des assiettes de faience, quelques verres et quelques couteaux et Fourchettes d'auir, dont la quantité de chaque espèce pour ne pas en faire le détail, peut tres facilement se mesurer par le prix de 4 livres sterlings, ou 96 livres de France, que le tout ensemble avoit couté au capitaine, y compris deux lampes qui éclairoient sa chambre. Voila, citoyen ministre, ce qui a suffi pour ce sujet du Roi ait subi toutes les rigueurs de la loi du 10 Brumaire, an cinq de la Republique, qui porte confiscation du batiment ainsi que d'autres peines. Et voici un cas où l'Angleterre auroit pris tout un changement des productions de la France, tandis que cette puissance ne permet pas à un capitain Anglois qui vient chercher ces productions de se servir abord de son vaisseau des ustensiles de son propre pays. Falloit-il donc, que pour pouvoir entrer dans un port de France il fit venir d'avance de ce pays des assiettes, dés verres, des couteaux et des fourchettes? ou si cela seroit impossible voudroit on l'obliger a manger sur les planches de son vaisseau et avec ses doigts? Ceci paroit incroyable. I est pourtant verifié par le fait. Puisque, citoyen ministre, les representations que j'ai déjà l'honneur de vous adresser sur des cas a peu pres semblables n'ont produit aucun effet, je ne pourrois pas m'attendre a une meilleure reussite dans une demande que je ferois dans le cas actuel mais vous sentirez, citoyen ministre, combien il est de mon devoir de vous le faire connoitre. J'ai l'honneur, &c. A. MERRY. Citoyen Talleyrand, &c. : No. 17.-Copy of a dispatch from Mr. Merry to Lord Hawkesbury, dated Paris, October 25th, 1802.-Separate.-My Lord, John Newham, the Master of the British brig George, delivered to me a report last week of that vessel, which had been freighted to come to Charante in ballast, to convey from thence a cargo of brandy from England, having been seized at that port by the French custom-house officers, because the different articles which they found in the master's cabin for use of his table, such as plates, knives, forks, and glasses, (the cost of which, when new, he declared to have been altogether 47.) were of British manufacture, and because he had not made a declaration of them at the custom-house. He acquainted me moreover that his vessel had been com demned, in consequence of that seizure, by dispatch of the 3d January, received in Downing-street on the 18th March. No. 20.-Copy of Instructions from the Right Hon. Lord Hobart, one of his Majesty's Principal Secretaries of State, &c. to Lieut. Gen. Francis Dundas, Lieut. Governor and Commander of his Majesty's Forces at the Cape of Good Hope; dated Downing-street, the 16th November, 1802.-Sir, I have the honour to acquaint you, that, notwithstanding the instructions which, by the King's commands, I communicated to you on the 17th ult. it is his Majesty's pleasure, in the event of the East India ships originally destined for the coveyance of the troops, being at the Cape when you receive this dispatch, that you do give directions for their immediate embarka tion, with orders for their departure for India without delay. Under an impression, however, of the probability of those ships having sailed without the troops, I am to acquaint you, that other ships have been substituted for that service; but that I am apThe Right Hon. Lord Hawkesbury, &c. prehensive it will be at least one month beNo. 18.-Copy of a dispatch from Lord fore they can leave this country. I am also Whitworth to Lord Hawkesbury, dated Paris, to signify to you his Majesty's pleasure, that 10th May, 1803.-Separate.-My Lord, With you do proceed forthwith to the execution of regard to the numerous memorials and re- your former instructions for the complete presentations, which I have had to make to this evacuation of the Cape. The utmost cordigovernment, in behalf of those of his Ma-ality subsisting between his Majesty's governjesty's subjects, who have suffered by the detention and confiscation of their vessels and property in the ports of France, I have only to observe, that they have, with the exception of one or two instances, remained unanswered: I trust therefore no blame can attach to me, if my endeavours to carry into effect your lordship's instructions on this head have not been more effectual. I have the honour to be, &c. WHITWORTH. ANTH. MERRY. Right Hon. Lord Hawkesbury, &c. No. 19.-Copy of an Instruction from Lord Hobart to Lieut. General F. Dundas, Lieut. Governor and Commander of his Majesty's troops at the Cape of Good Hope, dated the 17th October, 1802; dated Downing-street, Oct. 17, 1802. Sir, Circumstances having recently occurred, which render it adviscable to delay the restitution of the Cape of Good Hope to the Batavian government, I am to signify to you his Majesty's commands, that you should retain possession thereof until further orders. It is, however, extremely desire able, that, in the execution of this instruction, every circumstance should be avoided which may be calculated to excite jealousy in the Batavian government, or to create an apprehension of its arising from an hostile motive.-N. B. The above instruction received at the Cape on the 31st December, 1802; and acknowledged in General Dundas's dispatch ment and that of the Batavian Republic, you will observe the most conciliatory conduct in all your proceedings with the officers belonging to that republic. I have the honour to be, &c. HOBART. To Lieut. General Dundas, &c. No. 21.-Copy of a Letter from Mr. R. King to Lord Hawkesbury, dated London, May 15th, 1803.-My Lord, In the present critical posture of affairs, I lose no time in communicating to your lordship, for his Majesty's information, that a treaty was signed at Paris on the 30th day of April past, by the plenipotentiaries of America and France; by which the complete sovereignty of the town and territory of New Orleans, as well as all Louisiana, as the same was heretofore possessed by Spain, has been acquired by the United States of America. In drawing up this treaty, care has been taken so to frame the same, as not to infringe any right of Great Britain in the navigation of the river Mississippi. I flatter myself that this communication will be received with satisfaction, and regarded as a new proof of the disposition of the United States to observe towards his Majesty a spirit of amity and confidence, important at all times, and more especially so in present circumstances, to the harmony and mutual prosperity of the two countries. I avail myself of this occasion to renew to your lordship the assurance of dis tinguished consideration, with which I have commands. In this designing manner he the honour to be, &c. RUFUS KING. extorted a consent from the delegate, that a few merchants and noblemen should be invited to the palace; which being done, it apabsent, he was sent for by Vice Commissary Renaud from the house of his friend Strapodi, and, immediately on his arrival at the palace, was presented to the French envoy Sebastiani, and recommended as opulent, possessing influence, a good man, and the friend of the people. Sebastiani made him a short compliment, and then began his discourse by saying, "That the First Consul had begun to give a political existence to these islands; that the vicissitudes of war and the distance of reinforcements were preparing for them another destiny; that he feels the warmest interest for their inhabitants, who would be rendered happy, if they would adopt such a system as would be most analagous to that of France; that internal dissentions, and false principles, had for a moment taken from them the liberty of giving their own opinion about their constitution; but that, by a different conduct, they might in future possess that liberty; that the nobility might aspire to the offices of government on the ground of property, since it procured them a superior education, but that they ought not to pretend to establish, on a plea of birth, those privileges which should result from education, virtue, and property; that the people ought not to exclude the nobility merely because they were born in that sphere; that a spirit of general concord ought to recal tranquillity among the three classes of the nobles, the plebeans, and the mercantile class, which is the best; that they ought to avail themselves of the favourable situation of the country which gives the means of procuring, by commerce, wealth, Presented May 20, 1803.—(Referred to in and future opulence; that so seductive an obMr. Forest's letter to Lord Hawkesbury of ject, exposed to the view of continental Jan. 2, 1803.)-A French frigate command- Greece, might rouse up that ancient ardour ed by an officer of that nation, whose name and national enthusiasm for liberty, by which is not known, arrived this day in our Roads. the Republic of the Seven Islands will beOn board this vessel was embarked Citizen come a power superior even to its own exHorace Sebastiani, calling himself envoy pectations; that states have the same stages from the First Consul to these parts. On the as the life of man, and therefore that it is same afternoon he attempted to land with the not wonderful if, during their infancy, the officers, but as they had arrived from Egypt, errors of childhood should prevail in them; four guards of health were placed over them. that if they are averse to the care of the He demanded a conference with the govern- French nation to maintain the happiness of ment, assuring our delegate regent, that he those islands even by her own forces, (not was commissioned by the First Consul Bona- subject to the outrages of fortune), the First parte, to communicate to all orders of per- Consul, in concert with the Emperor of Russons in the Seven Islands, the attachment and sia, will know how to establish by force an respect of the First Consul, his desire of see-appropriate constitution for the Seven Islands: ing all the people happy and contented, whom he would endeavour to inspire with veneration for the laws, respect for the existing government, and obedience to its Right Hon. Lord Hawkesbury, &c. No. 22.-Copy of a Leter from Lord Hawkesbury to Mr. King, dated Downing-pearing that Mr. Antonio Martinengo was street, May 19th, 1803.-Sir, Having laid before the King your letter of the 15th of this month, in which you inform me, that a treaty was signed at Paris on the 30th of last month, by the plenipotentiaries of America and France, by which the complete sovereignty of the town and territory of New Orleans, as well as of all Louisiana, has been acquired by the United States; I have received his Majesty's commands to express to you the pleasure with which his. Majesty has received this intelligence, and to add, that his Majesty regards the care which has been taken so to frame this treaty as not to infringe any right of Great Britain in the navigation of the Mississippi, as the most satisfactory evidence of a disposition on the part of the government of the United States, correspondent to that which his Majesty entertains, to promote and improve that harmony and good understanding which so happily subsist between the two countries, and which are so conducive to their mutual benefit. I have it also in command to assure you, Sir, that the sen iments which you have expressed in making this communication, are considered by his Majesty's government as an additional proof of that cordiality and confidence which you have uniformly manifested in the whole course of your public mission, and which have so justly entitled you to the esteem and regard of his Majesty's government. I desire you to accept the assurances of the distinguished consideration with which I have the honour to be, &c. Rufus King, Esq. &c. HAWKESBURY. that lastly, he recommends to them to make known to the people these friendly sentiments of Bonaparte, directly communicated to them by him his immediate organ." He said something respecting the Emperor of Russia, I pose which is consistent with the honour of 66 his crown and the interests of his dominions; and his regret at any circumstances which may have arisen to interrupt that harmony and good understanding which are so important to the welfare and happiness of both countries. You will, however, state most distinctly his Majesty's determination never to forego his right of interfering in the affairs of the continent, on every occasion in which the interests of his own dominions, or those of Europe in general, may appear to him to require it. This right his Majesty possesses in common with every other inde but very coolly, and added also," That until the change of the present government, it will be necessary to obey the laws, however defective they may be, to respect its ministers, and obey their orders." When this speech was ended, Peta, the ex-superintendant of the Cernides, cried out, Long live the First Consul Bonaparte." The Russian commandant, who was present, remained silent at these proceedings, and feeling himself thus betrayed, he testified his disapprobation by his silence. The French envoy, as he left the palace in crossing the square, was huzza'd and applauded by the most ill-dis-pendent power; it rests upon general prinposed of the people, led away by the bad example of all the former and present officers of the republic. He went into Mr. Renaud's house, and then returned on board his own ship. He enquired for an express for Cephalonia, where he wished to send advices of his intended destination. The delegate could not deny him permission to land, because he would have assumed the right of doing so of his own authority, and he thought, if in this case he had had recourse to the Russian force, he might have disturbed the peace which exists between the Emperor of Russia and the French Republic. He wished to have opposed such a studied harangue, but had he done so, the French envoy would have thought himself authorized to have gone out and have made it in the middle of the public square, and on a holiday, when the people were intoxicated with wine, and the remains of a spirit of democracy now reviving, by which a disastrous scene might have followed. These are the reasons which induced the delegate to chuse the lesser evil, more particularly so because he had not any instructions for his guidance in such unexpected occurrences. The Russian commandant regards this affair as an outrage against his sovereign, and he would have been sorry to have witnessed such a scene, had he not been obliged to do so. Presented May 20, 1803.-Instructions to Lord Whitworth, dated Downing-street, Nov. 14, 1802.-My Lord, I take the first opportunity of communicating to your excellency, for the regulation of your conduct, the instructions which his Majesty is pleased to give you on such points as may become subjects of discussion between his Majesty and the French government; and to desire that you will endeavour to conform yourself to them in all your conversations with the French ministers. You will lose no proper opportunity of expressing his Majesty's earnest solicitude for the preservation of the peace which subsists between the two countries; his disposition to do every thing in his power for that pur ciples, and does not require the confirmation of any particular treaty. It is nevertheless important that you should observe, that the circumstances which led to the conclusion of the last peace, and the principles upon which the negotiation was conducted, would give his Majesty a special right to interpose in any case which might lead to the extension of the power or influence of France. In the communications which took place between the two governments previous to the signature of the preliminary articles, his Majesty proposed, as the basis of negotiation, that if the French government would not relinquish the continental acquisitions which they had obtained from other powers in the course of the war, his Majesty would claim the right of keeping a part of his conquests, as a compensation for the important acquisitions of territory made by France upon the continent. This principle was formally recognized by the French government in an official note in the following words: "Cependent on reconnoit que "les grands evénemens survenus en Europe, "et les changemens arrivés dans les limites "des grands etats du continent, peuvent "autoriser une partie des demandes du gou "vernement Britannique." The terms of the treaty of peace were negotiated in conformity to this basis; and it appears, therefore, clear, that the then existing state of possession and engagements as respect the continent, were the foundation of the peace itself, and that his Majesty has therefore an undoubted right to interpose in consequence of the treaty in every case in which the state of possession may appear to him to have undergone any material alteration, or in which the engagements which were then subsisting had been violated to the prejudice of his Majesty, or of the other powers of Europe. You will proceed to observe, that the annexation of Piedmont to France, since the conclusion of the definitive treaty, makes a most ma terial difference in the state of the fixed and permanent possessions of France: that the renunciation of the dutchy of Parma in favour of France, a circumstance which was concealed at the time of negotiating the peace, and which is become of the greatest impor tance from its furnishing an additional instance of that system of secret cession which is totally inconsistent with any system of security for Europe, makes a most essential difference likewise in the relative situation of the two countries: that at the time of concluding the peace, the French government were bound by the most sacred engagements to respect the independence of the Helvetic and Batavian Republics, and to allow the people of those countries to choose whatever form of government they might think proper: that the violation of this right in the Swiss people, and the invasion of their territory, notwithstanding the representation which was made in their favour by his Majesty, makes a most material alteration in the state of engagements contracted since the conclusion of the definitive treaty, and adds most considerably to the influence and power of France, to the prejudice of a state which was then acknowledged as independent: that the conduct of the French government to the Batavian Republic was no less objectionable: that the independence of this republic was acknowledged, both by the treaty of Luneville and by the treaty of the Hague of the year 1795: that by the treaty of the Hague, the French government were permitted to keep a garrison in that country only till the time of general peace: that by a convention signed in August, 1801, the French troops were to remain there till the conclusion of the definitive treaty of peace between Great Britain and France: that the French troops have not, to this period, evacuated the country; and that the First Consul is represented lately to have declared, that in the event of any differences amongst the people of that country on the subject of their internal government, he would march with his whole army to suppress them: that this is an obvious violation of the independence of the Batavian Republic; and that his Majesty would have a peculiar right to interpose on the present occasion, as he consented to make numerous and most important restitutions to the Batavian government in the treaty of peace, on the consideration of that government being independent, and not being subject to any foreign controul. It is unnecessary for me to recommend to your excellency to make these representations with moderation and temper. You will attend very particularly to any explanations which may be given to you respecting them; and you will engage to report such explanations to his Majesty's government. I have the honour to be, &c. HAWKESBURY, PAPERS RESPECTING THE RESTITUTION OF CERTAIN CONQUERED PLACES, ORDERED TO BE PRINTED, MAY 23, 1803. Copy of his Majesty's Order for the restitution, to the French and Batavian Republics, of the following islands or settlements:-Cape of Good Hope, Martinique, Tobago, St. Lucie, Deseada and the Saints, Pierre and Miquelon, Curaçao, Surinam, Demerara, Berbice and Essequibo, St. Eustatius, St. Martin's, Goree, conquests in East Indies. GEORGE R.-Trusty and well beloved, we greet you well: whereas a definitive treaty of peace has been signed at Amiens on the 27th day of March last, by our minister plenipotentiary, and those of the French Republic, his Catholic Majesty, and the Batavian Republic: and whereas it is stipulated by the third article of the said treaty, that we shall restore to the French Republic and her allies, namely, his Catholic Majesty and the Batavian Republic, all the possessions and colonies which belonged to them respectively, and which had been occupied or conquered by our forces in the course of the war, with the exception of the island of Trinidad and the Dutch possessions in the island of Ceylon: and it being further stipulated, in the twelfth article of the said definitive treaty, that the evacuations, cessions, and restitutions stipulated for by the present treaty, except where otherwise expressly provided for, shall take place in the continent and seas of Africa, within three months after the ratification of the present definitive treaty, which ratifications were exchanged on the 23d day of April last: and it being stipulated by the 13th article of the said definitive treaty, that 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 that all the works which shall have been constructed since the occupation shall remain untouched, our will and pleasure is, that you do, pursuant to the stipulations above recited, deliver, or cause to be delivered to such commissary or commissaries as shall be named and authorized on the part of the Republic to receive the same, the of |