for the purpose of concluding a 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 named citizen Joseph Bonaparte; and his Britannic Majesty, the Marquis Cornwalls. His Majesty the King of Spain, 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 Schimmel

coasts which have been assigned to her, inasmuch as, when she ceded the property of the island of Newfoundland, under the reserve of fishing within a determined extent, she did not impose upon herself the condition of not fishing but a certain kind of fish, and during a particular season of the year, but only that of not being at liberty to fortify any place, nor to erect any building, except the scaffolds and huts necessary for drying the fish. That hence necessarily result several tacit rights, viz. the right of cutting wood, erecting hospitals on shore, and providing for the first ne-penninck, &c. Who, after having duly comcessities of life; in fine, the right of leaving persons to protect the boats and utensils of the fishery. The greater part of these rights have been frequently contested, and frequently recognized, since the Court of London has, on different occasions, granted indemnities to the French proprietors of boats, which had been burnt or destroyed by the English; but it is to be apprehended, that the same subjects of dispute may recur, unless a remedy is provided by precise dispositions. The French Government observes, that the islands of St. Pierre and Miquelon are about to be restored to her, entirely ravaged by the consequences of the war; that it, consequently, hopes to obtain that the permission formerly given to the French, of cutting wood in the bay of St. George, which is at a distance from all their establishments, shall be applicable to the bays of Fortune or Despair. Lord Cornwallis reserved himself to consult his government, and the conference was adjourned to the following day. J. Bonaparte.

municated to each other their full powers, as transcribed at the end of the present treaty, have agreed upon the following articles: Art. There shall be peace, friendship, and 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 the United Kingdom of Great Britain and Ireland, his heirs and successors, on the other part. The contracting parties shall give the greatest attention to maintain between themselves and their states a perfect harmcny, without allowing, on either side, any kind of hostilities, by sea or by land, for any cause, or under any pretence whatsoever. They shall carefully avoid every thing which might hereafter affect the union, happily established, and they shall not afford any assistance or protection, directly or indirectly, to those who should cause prejudice to any of them. Art. His Britannic Majesty restores to the French Republic, and ler allies; namely, his Catholic Majesty and the BataAmiens, 7 Pluviose, Year 10, 27 Jan. 1802-vian Republic, all the possessions and colonies The Plenipotentiaries of the French Repub- which belonged to them respectively, and lic, and his Britannic Majesty, after having which had been occupied or conquered by anew discussed several points, on which nothe British forces in the course of the present thing could be determined without waiting war, with the exception of the island of Trifor the decision of their respective govern-nidad, and the Dutch possessions in the island ments, conceived that, to accelerate the labour with which they were charged, they ought, without further delay, to agree as to the form and wording of several articles already agreed upon as to their substance. Accordingly they drew up the following articles:

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TREATY OF PEACE, &C. The First Consul of the French Republic, in the name of the French people, and his Majesty the King of the United Kingdom of Great Britain and Ireland, &c. being animated with an equal desire to put an end to the calamities of war, have laid the foundation of peace in the preliminary articles signed at London, the 9th Vendemiaire, year 10, [1st Oct. 1801.] And as, by the XVth art. of the said preliminaries, it has been stipulated, that plenipotentiaries should be named on each side, who should proceed to Amiens

of Ceylon. Art. The territories, possessions, and rights of the Sublime Porte, are maintained in their integrity, such as they were before the war. Art. The limits of French and Portuguese Guiana shall be determined by the river Arawari, which falls into the ocean below the North Cape, near Isle Neuve, and the island of Penitence, about a degree and one third of north latitude. These limits shall follow the course of the river Arawari, from that of its mouth, which is at the greatest distance from the north Cape, to its source, and thence in a direct line from its source, to the river Branco towards the West. The northern bank of the river Arawari, from its mouth to its source, and the lands which are situated to the north of the line of the limits above fixed, shall consequently belong in full sovereignty to the French

Mediterranean; two months from the said Canary Islands as far as the Equator; and, lastly, five months in all other parts of the world, without any exception, or any more particular description of time or place. Art. The ambassadors, ministers, and other agents of the contracting powers, shall enjoy, respectively, in the states of the said powers, the same rank, privileges, prerogatives, and immunities, which pubic agents of the same class, delegated by the contracting powers, enjoyed previous to the war. Art. The present treaty shall be ratified by the contracting powers in the space of twenty days, or sooner, if possible. And the ratifications shall be exchanged in due form at Paris.

Joseph Bonaparte, Corm:allis.

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mains in full sovereignty to the Batavian Republic, as it was before the war. French and English vesseis of every description shall have the right to put in there, and to parchase such supplies as they may stand in need of; they shall always be admitted on the same footing.

J. Bonaparte, Cormcallis, Schimmelpenninck.

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Repulic. The southern bank of the said river, from its source, and all the lands to the southward of the said line of demarkation, shall belong to her most Faithful Majesty, The navigation of the river Arawari, throughout the whole of its course, shall be common to both nations. Art. The Republic of the Seven Islands is acknowledged. Art. The evacuations, possessions, and restitutions stipulated for by the present treaty, shall take place in Europe, within ; in the continent and seas of America, and of; Africa, within three months; and in the continent and seas of Asia, within six months after the ratification of the present definitive treaty. Art. In all the cases of restitution agreed upon by the present treaty, the forti-: fications shall be delivered up in the state in which they may have been at the time of the Amiens, 8th Pluviose, Year 10, Jan. 28, signature of the preliminary treaty; and all 1802.-The following article has been agreed the works which shall have been construct upon by the French, English, and Batavian ed since the occupation, shall remain un-ambassadors:-The Cape of Good Hope retouched. It is farther agreed, that in all the cases of cession stipulated in the present treaty, there shall be allowed to the inhabitants, of whatever condition or nation they may be, a term of three years, to be conpoted from the notification of the present definitive treaty of peace, for the purpose of disposing of their property, acquired and possessed, either before or during the war; in which term of three years they may have the free exercise of their religion, and the enjoyment of their property. The same privilege is granted, in the countries restored, to all those who shall have made therein any establishments whatsoever, during the time those countries were in the possession of Great Britain. With respect to the inhabitants of the countries restored or ceded, it is agreed that none of them shall be prosecuted, disturbed, or molested in their persons or properties, under any pretext, on account of their conduct or political opinions, or of their attachment to any of the contracting powers, nor on any other account, except that of debts contracted to individuals, or on account of acts posterior to the present definitive treaty. Art. In order to prevent all causes of complaint and dispute which may arise on account of prizes which may have been made at sea after the signature of the preliminary articles, it is reciprocally agreed, that the vessels and effects which may have been taken in the British Channel, and in the North Sea, after the space of twelve days, to he computed from the exchange of the ratifications of the said preliminary articles, shall be restored on each side; that the term shall be one month from the British Channel and the North Seas, as far as the Canary Islands, inclusively, whether in the arean or in the

Amiens, 13th Fluvicse, Year 10, Feb. 2, 1802-The plenipotentiaries of the French Republic and his Britannic Majesty having met, Lord Cornwallis presented the projet which had been communicated by the French minister, in the conference of the 28th Nivose, (1th January); he declared that he was prepared to adopt it, with the modifications contained in the following article, which would form the fifth of the projet :-Inasmuch as the Order has not, at this time, cither troops, or the means of paying them, it is agreed, that the King of Naples shall be invited to furnish two thousand men, to be employed in guarding the fortifications, under the orders of the Grand Master. France and England mutually engage to pay each twenty thousand pounds sterling yearly, for the subsidiary pay of this garrison: this pay shail be continued until the 1st of January, 1805, the period at which the troops of the Order, formed in the manner stated in the sixth article, shall be alone entrusted with the defence of the fortifications. After considerable discussion, the French minister agreed to refer the matter to his government.

Bonaparte, Cornwallis.

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Amiens. 15th Pluviose, Year 10, Feb. 4, 1802.-The plenipotentiaries of the French Republic and his Britannic Majesty having

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

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

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go

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

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

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

J. Bonaparte, Cornvallis.

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Amiens, 29th Pluviose, F. b. 18, 1802. -The plenipotentiaries of the French Republic and his Britannic Majesty having met, Lord

Cornwallis announced that he had commu- proposed that the island of Malta shall be nicated to his government the statement re- placed under the guarantee and protection of lative to Malta, made by Citizen Joseph Eo- his Sicilian Majesty. The same idea of giv naparte in the Protocol of the 4th of this ing a foreign and temporary protection month; that he was directed to declare that to the Order has always been entertained his government would always adhere to the by the two contracting parties. At last 4th article of the preliminaries, in the sense there remained no difference between them and spirit in which it must necessarily be on that point, except as to the means understood by all who read it, and in which of paying the garrison; and though the it was, in fact, understood by the French go- French plenipotentiary declared, three weeks vernment when that article was agreed upon. ago, that France would not consent to That article expresses, not only that Malta pay any thing, he has not yet declared that shall be restored to the Order of St. John of his government would depart altogether from Jerusalem, but that the island shall be placed its former determinations, if the means of under the guarantee and protection of a third defraying the expence could be pointed out. power. The word protection, which was He only made known t at resolution in his added to guarantee, was inserted for the pur- | statement of the 4th of this month, in which pose of designating an effective and not an it is declared in a manner very little conciliaideal protection; and no one can doubt the tory. The British government, however, necessity of an effective protection until the could not deviate from the sentiments exOrder be in a condition to maintain the in-pressed on this subject. It is still thought dependence of the island against an ex- and believed, that all the powers will be of ternal attack, as well as to support it the same opinion, that a garrison is absoluteself against the dangerous opposition which ly necessary, in the first place, for the proit is obvious it must experience on the partiction of the island. The British governof the inhabitants who continue to manifest ment must, therefore, insist for a protection the greatest animosity against the Order of of that kind, as the only means of restoring St. John. The British government possess the island to the Order of St. John of Jerusavery accurate information respecting that lem, and consequently of accomplishing the opposition, and Lord Cornwallis has had the execution of Article IV. of the preliminaries. honour of mentioning that subject on seve- Meanwhile, the English government, deral occasions to Citizen Joseph Bonaparte. sirous to spare no pains in endeavouring to It is impossible that the Order of Malta can bring about an arrangement on this subject, of itself, for some time at least, possess a and to accelerate peace, has drawn up a plan, sufficient force for those objects. Lord in which Citizen Joseph Bonaparte will find Cornwallis therefore considers himself autho- the point relative to the definition of the Orrized to declare on his part, and with the der of Malta, which appeared to him doubtgreater reason, that not to be willing to ful on the discussion, fully particularized; grant to the Order the means of taking and he will perceive that almost all the propossession of the island, and of maintaining positions in his project of the 18th of Januitself in that possession, is not to desire the ary, are adopted. Lord Cornwallis has the execution of the preliminaries, and not to de-honour of proposing to the French minister, site the peace. In the first conference which Lord Cornwallis had the honour to have with Citizen Joseph Bonaparte, at Paris, on the 24th of November, that minister suggested the King of Naples as the natural guarantee and protector of the island of Malta, on account of his sovereignty. Objections having been made to that guarantee, he afterwards named the Emperor of Russia; but he did not think it would be proper to admit a Russian garrison into the island. He concluded that day by proposing a plan, by which a Neapolitan garrison would be given to the island until the Order of Malta should be in a state to provide for its proper security. He even proposed that that garrison should be paid conjointly by France and England. Further, in the counter-projet of a treaty which Citizen Joseph Bonaparte transmitted to Lord Cornwallis, it is again

in the following terms:1. The islands of Malta, Gozo, and Camino,. shall be restored to the Order of St. John of Jerusalem, on the conditions and under the stipulations which follow: 2. The Knights of the Order whose langues shall continue to exist after the exchange of the ratifications of the present treaty, shall be invited to return to Malta as soon as the said exchange shall have taken place. They shall there form a General Chapter, and proceed to the election of a Grand Master, if that election has not been previously made in consequence of the declaration of the Emperor of Russia of the 16th of March last. It being understood that, in so far as may be compatible with the stipulations included in Article IV. of the present arrangement, the Order shall be held to consist solely of such of the Knights as were qualified to vote for the election of a Grand Master at the period