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

PROTOCOL.

| 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 meass. 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 provisional 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-

Amiens, 30th Pluviose, Feb. 19, 1802.-The Plenipotentiaries of the French Repub ic and his Britannic Majesty having met, Citizen Joseph Bonaparte 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 papers of 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 21th 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 14th 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 Naples could not support the expence of such a garrison. It is possible that the undersigned inay 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 thefernal police, is it necessary to be three years 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 Malta under the guarantee of the principal powers of Europe, who should

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 te 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 provectes, or to the Grand Master, to see the orde gu ded by the troops of that Prince who as lone any claims on the sovereignty of tie 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 par ies, 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, such 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 piraces 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 sup- sideration. 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 the 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

Malta, Gozo, and Camino, shall be restored to the
Order of St. John of Jerusalem, to be held by it on

*Alteration of Article L-Article 1. The islands of

the same conditions according to which it enjoyed before the war, and under the following stipulations, * Kkk 2

duties shall be applied to the support of the
Maltese langue, to the civil and military esta
blishments of the isle, as well as to the esta
blishment 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 perpe
tual statutes of the Order; and the Grand
Master, as well as his successors, shall be
bound to cause them to be punctually obey
ed. 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 po-session 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. Cornwallis. 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 Je preserve 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 gene langue 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 Ma of the garrison at least, must be always com-jesty shall evacuate the island and its depenposed of Maltese, except in the case men-dencies 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 only among those countries which possess langues. The Maltese troops shall have Maltese officers. The command in chief of all the troops in the island shall belong to the Grand Master, who shall also have the nomination of the officers. VIII. The independ 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, * Alteration from Art. I.—Art I. The islands of Russia, and Prussia. IX. The permanent Malta, Gozo, and Camino, shall be restored to the neutrality of the Order of Malta is proclaim-Order of St. John of Jerusalem, and to be held by ed. X. The ports of Malta are open to the before the war, and under the following stipula it on the same conditions by which it enjoyed them trade and shipping of all countries, who shall tions.

this epoch it shall be ceded to the Order in its present condition, provided that the Grand Master, or commissioners fully authorized, according to the ancient statutes, shall be then in the island to take possession, and that the provisionary force, hereafter stipulated, shall have arrived. V. There shall be esta blished a Maltese langue, which shall be sup ported by the territorial revenues, and com

1

PROTOCOL.

mercial duties of the island. This langue shall have dignities, pensions, and a hotel, 2d Ventose, Year 10, 21st Feb. 1802.-The like the other langues. Nevertheless, proofs plenipotentiaries of the French Republic and of nobility shall not be rigorously required of his Britannic Majesty, having met, Citifor the admission of its knights. They shall zen Joseph Bonaparte demanded the insertion be admissible to all posts and privileges like in the protocol of the following note, in anthe knights of the other langues. The mu swer to the declaration of Lord Cornwallis, nicipal, civil, and judiciary employments in contained in the protocol of the conference of the nomination of the government, shall be the 29th Pluviose (18th February, 1802), filled (at least one half of them) by native in-relative to the Ottoman Porte. The prelihabitants 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 duties: 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 Malta 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 shall 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, Caravallis.

minaries 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 convert 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 diplo matic 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 c n 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 sufer 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. Doubt less, 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 inust 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 Repub-
lic 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 com-
posed-1st. Of articles taken literally from
the preliminaries: they are unattackable *.
2d. Articies already agreed to by the twople
nipotentiaries in the different Protocols which
have been signed since the opening of the
negotiations: those cannot be rejected with
out prolonging the negotiation indefinitely f
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 becon.es useless, and the un-
dersigned 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 em-
ployed 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 de
tailed in the Protocol of the 30th Pluviose
(19th Feb.) It would be superfluous to re-
peat 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.

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