prove that they were not more agreeable both | foundations of a treaty of peace, by the arto the spirit and the letter of the preliminaries ticles signed at London the 9th Vendemiare, than any other projet. Notwithstanding, in the year 10 (1st of October, 1801). And 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

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 Ma jesty 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 Ma jesty. V. The Batavian Republic cedes and guarantees to his Britannic Majesty the whole property and sovereignty of all the possessions and establishments in the island of Ceylon, which belonged to it before the war.

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 offBranco. 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. 6. 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 Bri the 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 bebe 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 na joz. 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 zo, and Camino, shall be restored to the Or renounced their system of habitual hostility. the two preceding paragraphs, till they have der of St. John of Jerusalem, to be by it pos- 10. The Order shall be governed by the same 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 cxprovided 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 ob Order of St. John in a state of the most per-serve them. 12. His Sicilian Majesty shall furfect independence in regard to them, agree 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 Britannic 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

nish a corps of 1000 men to garrison Malta. This 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, shail be executed for Europe in one month; for the con

and Northern Seas, after the space of twelve days, reckoning from the exchange of the ratifications of the preliminary articles, shall on both sides be restored: that the term shall be one month, from St. George's Channel and the Northern Seas, to the Canary Isles inclusively, whether in the ocean or Mediterranean; two months from the Canaries to the Equator; and, in fine, five months in every other part of the world, without any exception or particular distinction of time or piace. XVII. The ambassadors, ministers, and other agents of the contacting powers, shall enjoy respectively, in the dominions of the said powers, the same rank, privileges, prerogatives, and immunities, which agents of the same class sent by the said contracting powers enjoyed before the war. XVIII. France shall procure for the branch of the House of Nassau, which existed in Holland, indemnities in Germany equivalent to all the losses it has sustained. XIX. The present treaty is declared common to the Ligurian Republic. XX. The present treaty shall be ratified by the contracting powers in the space of five days, or sooner if possible, and the ratifications in due form shall be exchanged at Paris.

Secret and separate Article.-The French troops shall evacuate Otranto, when the island of Malta shall be evacuated by the forces of his Britannic Majesty. Lord Cornwallis reserves his answer for the next conference.

tinent and seas of America and Africa, in three months; for the continent and seas of Asia in six months, after the ratification of the definitive treaty. XIII. In every case of restitution agreed upon in the present treaty, the fortifications shall be restored in the condition in which they were previous to the signature of the preliminaries, and all the works constructed since the occupation shail remain untouched. It is farther agreed, that in every case of stipulated cession, the inhabitants, of whatever condition or nation, shall be allowed three years, reckoning from the ratification of the treaty, to dispose of their property, acquired or possessed, whether before or during the present war; during which term of three years they may freely exercise their religion, and enjoy their property. The same liberty is allowed in the countries restored to all those who may have made establishments of any sort during the time when those countries were in possession of Great Britain. With regard to the other inhabitants of countries restored or ceded, it is agreed that none of them shall be persecuted, dis quieted, or troubled in his person or property, under any pretext, on account of his political conduct or opinions, or on account of his attachment to any of the contracting parties, or for any other reason except for debts contracted with individuals, or for behaviour posterior to the present treaty. XIV. All the sequestered property placed on either side, in the funds, revenues, and trusts, of whatever sort they may be, belonging to any one of the contracting powers, or Amiens, 6th March 1502, (15th Ventose, to its citizens and subjects, shall be delivered in 19.) The Plenipotentiaries of his Britan up immediately after the signature of this de- nic Majesty and of the French Republic being finitive treaty. The decision of all claims again met, Lord Cornwallis declared, that between the individuals of the two nations, his government having perused with the most for debts, property, effects, or rights of any serious attention the two projets relative to sort, which, according to the received usages Malta, presented by the French Minister in and laws of nations, ought to be restored at the protocol of the 19th of February (which the time of the peace, shall be committed to was not signed till the 23d) has found that competent tribunals: and in this case they only practicable, and consequently admissible, shall render prompt and entire justice in the which proposes to put a Neapolitan garrison countries where the claims shall be respec- in that island. But the number of troops tively made. XV. The fisheries on the coast proposed appears to that government eviof Newfoundland and the adjacent islands, dently too small, and the time of their reand in the Gulf of St. Lawrence, are placed maining in the island too short; so that withupon the same footing upon which they were out extending these two dispositions, the probefore the war. The fishermen of New-jet in question cannot be adopted as a practifoundland, and the inhabitants of the isles of St. Petre and Miquelon, may cut the wood necessary for them in the bays of Fortune and Despair during the first year. XVI. To prevent all subjects of complaint and dispute that might arise on account of the prizes which may have been made on the sea after the signature of the preliminaries, it is reciprocally agreed upon, that the vessels and effects which shall have been taken in the Channel

VOL. III.

J. Bonaparte, Cornwallis.

PROTOCOL.

cable mean of fulfilling the intention of the preliminaries. There are others, too, which it is very essential to explain more clearly, to prevent as much as possible, the difficulties that might arise in the execution of the projet. It is very important for the two nations, and also for all Europe, to fix a plan of arrange ment for that island, that may leave no uncertainty as to its future condition. It is upon this principle that the British governinent * Ill

acts, a principle that could only arise from
its desire to remove every cause of misunder-
standing for the future between itself and the
French government. With this view it has
employed itself anew to draw up another plan,
in which it has endeavoured to new-model
some of the same dispositions that are in the
former projets. It believes them indispen-;
sable for the attainment of the object which
it is desired to arrange, and cannot, therefore,
insist upon them too strongly. The new plan
proposed by the British government is as fol-
lows:-I. The isles of Malta, Gozo, and Ca-
mino, shall be restored to the Order of St.
John of Jerusalem, in the condition in which
they were held by that Order before the com-
mencement of hostilities between Great Bri-
tain and France, and under the following
stipulations. II. The Knights of the Order,
of whom the langues shall continue to subsist
after the exchange of the ratifications of the
present treaty, shall be invited to return to
Malta as soon as the exchange shall have
taken place: they shall form a general chap-
tcr, and proceed to the clection of a Grand
Master, if it shall not have been done before,
in consequence of the declaration of the Em-
peror of Russia, of the 16th of March 1891.
It is understood, that while it shall be compa-
tible with the dispositions mentioned in article
4th, the Order shall consist only of those
Knights who were qualified to vote at the
election of a Grand Master at the time of
that declaration. III. The governments of
Great Britain and France, desirous to place
the Order of St. John, and the island of Malta,
in a state of entire independence, of both
the one and the other of these powers, agree,
1st, That there shall be neither a French nor
an English langue. 2d. That no individual be-
longing to one or the other power shall be ad-
mited into the Order. IV. There shall be
established a Maltese langue, to be maintained
by the territorial revenues and commercial
duties of the island. There shall be annexed
to that langue specific dignities, with a pro-
portional income and residence. The Knights
of the said langue shall not be required to
produce any other proof to be admitted into
the Order than that of actual nobility. They
shall, in other respects, be admissible to all
charges, and shall enjoy all privileges as the
Knights of the other langues. The muni-
cipal employments, administrative, and others,
civil and judiciary under the government of
the island, shall be held in the proportion of
at least one half, by the native inhabitants of
Malia, Gozo, and Camino. V. The forces
of his Britannic Majesty shall evacuate that
island and its dependencies, in three months
after the ratifications shall be exchanged. At
that time it shall be restored to the Order in

the same state in which it was found, pro-
vided the Grand Master or commissioners
fully authorised, according to the statutes of
the Order, shall be in the island to take pos-
session of it, and provided that the force to
be furnished by his Sicilian Majesty, accord-
ing to article XIII. shali have arrived. VI. Tre
half of the garrison at least shall be composed
of native Maitese. For the rest, the Order
shail have the liberty of recruiting among the
natives of those countries only that shal
continue to possess langues in the Order.
VII. The independence of the isles of Malta,
Gozo and Camino, as well as the present ar-
rangement, shall be placed under the profec-
tion and guarantee of Great Britain, France,
Austri, Russia, Spain and Prussia. VIII. Te
permanent neutrality of the isle of Mas
proclaimed. IX. The ports of Malta s
be open to the commerce and navigation of sil
nations, upon payment of an equal and mo
derate duty. Those duties shall be applied to
the support of the Maltese langue, in the
manner specified in article IVth, to that of
the civil and military establishments of the
island, as well as the lazaretto general, open
to the flags of all nations. X. The Powers
of Barbary are alone excepted from the dis-
positions of the two preceding articles, tili by
an arrangement to be brought about by the
contracting parties, the system of perpetual
hostilities which has subsisted for so long a
time between these Powers and the Order of
St. John, shall be terminated. XI. The Order
shall be governed in spiritual and temporal
concerns by the same statutes that were in
force since the Knights left the island, as for
as they shall be compatible with the different
regulations specified. XII. The dispositions
contained in the articles III. IV. VI. VIII.
and XI. shall be converted into perpetual laws
and statutes of the Order in the usual form;
and the Grand Master or his representative,
after the island shall be restored, as well as
his successors, shall be obliged to take an
oath punctually to observe the said dispo-
sitions, as being the stipulations under which
the isle of Malta has been restored to the
Knights of St. John of Jerusalem, and which
shall be preserved by the Order for ever.
XIII. His Sicilian Majesty shall furnish a
force of two thousand men for a garrison to
the different fortifications of the said islands.
That force shall remain there one year from
the date of the restitution of the island to the
Knights. If, after the expiration of that
term, in the opinion of the guaranteeing
Powers, the Order shall not have raised a
number of men sufficient to serve for a gar
rison in the island and its dependencies, in
the manner proposed by the 6th article, the
Neapolitan troops shall remain there all re-