confirmed in the best forms, fo that they are to be exactly obferved for the future in their full tenour, and religiously executed by both parties in all the points which thall not be derogated from by the prefent Treaty of Peace.

III. All the pitoners taken on either fide, as well by land as by fea, and the hoitages carried away or given during the war, thall be reitored without ranfom, in fix weeks at lateit, to be computed from the day of the exchange of the ratifications of the prefent treaty. Each party refp tively difcharging the advances which fhall have been made for the fubfiftence and maintenance of their prisoners in the country where they shall have been detained, according to the receipts, atteftei accounts, and other authentic vouchers, which fhall be furnished on each fide; and fecurity fhall be reciprocally given for the payment of the debts which the prifoners may have contracted in the countries where they may have been detained, until their entire release. IV. With refpe&t to the rights of fishery on the coats of the Island of Newfoundland, and of the islands adjacent, and in the Golph of Saint Lawrence, the two parties fhall return to the fame fituation in which they stood respectively, according to the treaties and engagenients fubfifting at the period of the cominencement of the war. And with this view, his Majefty contents to reftore to Fiance, in full right, the Inds of St. Pierre and Miquelon.

V. The fame principal of the state of poffeflion before the war, is adopted by mutual confent, with respect to all other poffeffions and rights on both fides, in every part of the world, fave only the exceptions which are ftipulated by the fubfequent articles of this treaty, and to this intent, all poffeilions or territories which have or may have been conquered by one of the parties from the other (and not fpecially excepted in this treaty,) fhall be rettored to the party to whom they belonged at the commencement of the prefent war. VI. From this principle of mutal reftitution, the two parties have agreed to except

which thall remain to his Britannic Majefty in full fovereignty.

VII. In all the cafes of reftitution provided by the prefent treaty, the fortreffes fhall be rettored in the fame condition in which they now are, and no injury thall be done to any works that have been constructed fince the conqueits of them.

VIII. It is also agreed, that in every cafe of reftitution or ceffion provided by any of the articles of this treaty, the term of three years from the date of the notification of the treaty, in the respective territory or place rettored or ceded, fhall be allowed to perions of whatever description, refiding or being in the faid territory or place, poffeffed of property therein under any title exiting be fore the war, or which has tince devolved to them by the laws then existing; during which term of three years they fhall remain and refide unmolefted in the exercife of their religion, and in the enjoyment of their poffeffions and ef fects, upon the conditions and titles under which they fo acquired the fame, without being liable in any manner, or under any pretence, to be profecuted or fued for their paft conduct, except as to the diicharge of juft deb's to individuals; and that all thofe who, within the time of Months after the

notification of this treaty, fhail declare to the Government, then eftablished, their intention to withdraw themielves, or their effects, and to remove to fome other place, fhall have and obtain, within one month after fuch declaration, full liberty to depart and to remove their effects, or to fell and dipole of the fame, whether moveable or unmoveable, at any time, within the faid period of three years, without any reftrint or hindrance, except on account of debts at any time contracted, or of any criminal profecution for acts done subfequent to the notification of this treaty.

IX. As it is neceflary to appoint a certain period for the reftitutions hereinbefore ftipulated, it is agreed, that the tame hall take place in Europe within one month, in Africa and America within three months, and in Alia within fix months after the ratification of the prefent treaty.

X. For preventing the revival of the law fuits which have been ended in the territories to be rettored by virtue of this treaty, it is agreed, that the jug. ments in private caufes pronounced in the last refort, and which have acquired the force of matters determined, fhall be confirmed and executed according to their form and tenour.

XI The decifion of the prizes and feizures of fhips and their cargoes taken at fea, or feized in the ports of either country, prior to the hoftilities, fhali be referred to the respective courts of juftice; fo that the legality of the faid prizes and feizures fhall be decided according to the law of nations, and to treaties, in the courts of jullice of the nation which fhall have made the capture, or ordered the feizures. And in order to prevent al! caufes of complant and dispute which may arife on account of prizes which may be made at lea after the signing of this treaty, it is reciprocally agreed, that the veffels and effects which may be taken in the British Channel and in the North Seas, after the space of twelve days, to be computed from the exchange of the ratin cations of this treaty, fhall be reftored on each fide :-That the term shall be one month from the British Channel and the North Seas, as far as the Canary Iflands, inclufively, whether in the Ocean, or in the Mediterranean: two months from the faid Canary Islands, as far as the equinoxial line or equator: -three months from the equator to any part to the westward of the Cape of Good Hope, and the eastward of Cape Horn :-And, laftly, five mortas in all other puts of the world, without any exception or any more particular defcr ption of time or place.

XII. The allies of the two parties, that is to fay, Her Moft Faithful Majefty, as ally of his Britannic Majefty, and his Catholic Majesty and the Batavian Republic, as allies of the French Republic, fhall be invited by the two contraing parties to accede to this peace on the terms and conditions ipecified in the three following articles; the execution of which the faid two contracting parties reciprocally guarrantee to each other, being thereto refpectively authorized by their above-mentioned allies:-and the two contracting parties further agree, that if their allies refpectively fhall not have to acceded within the fpace of two months after the exchange of the ratifications of this treaty, the party fo refufing to accede, fhall not receive from its ally any aid or tuccour, of any nature, during the further continuance of the war.

XIII. His Britannic Majefty engages to conclude a definitive peace with his Catholic Majeftyon the footing of the itate of poffeffion before the war, with the exception of

which hall remain in full fovereignty to his Britannic Majesty.

XIV. His Britannic Majefty, in like manner, engages to conclude a definitive peace with the Batavian Republic, on the fame footing of the ftate of polici fion before the war, with the exception of

and of

which hall remain to his Britannic Majefty in full fovereignty, which shall be coded to

his Majefty in exchange for

In confideration of thefe reftitutions, to be hereby made by his Britann.c Majelly, all property belonging to the Prince of Orange, in the month of December, 1794, and which has been feized and confifcated fince that period, fhall be rettored to him, or a full equavalent in money given him tor the fame. And the French Republic further engages to procure for hun, at the general peace, an adequate compenfation for the lofs of his offices and dignities in the United Provinces; and the perfons who have been imprisoned or banifhed, or whofe property has been fequeftered or confifcated in the faid Republic, on account of their attachment to the interefts of the Houfe of Orange, or to the former Government of the United Provinces, fall be releafed, and fhall be at liberty to return to their country, and to refide therein, and to en joy their property there, conforming theinfelves to the laws and conftitution there eftablished.

XV. The

XV.The French Republic engages to conclude a definitive peace with herMoft Faithful Majesty on the fame footing, of the itate of poffeffion before the war, and without any further demand or burdenfome condition being made on either fide.

XVI.All the ftipulations contained in this treaty, refpecting the time and manner of making the reftitutions therein mentioned, and all the privileges thereby referved to the inhabitants or proprietors in the islands or territories restored or ceded, fhall apply in like manner to the reftitutions to be made by virtue of any of the three laft articles, viz. the XIIIth, XIVth, and XVth, except in those inftances where the fame may be derogated from by the mutual confent of the parties concerned.

XVII. All former treaties of peace between the refpective parties, to whom the faid three articles relate, and which fubiited and were in force at the conmencement of hoftilities between them refpectively, fhall be renewed, except in fuch instances only where the fame may be derogated from by mutual confent; and the articles of this treaty for the restoration of prifoners, the ceffation of hoftilities, and the decifion relative to prizes and feizures, fhall equally apply to the refpective parties to whom the faid three articles relate, and fhall be held to be in full force between them, as foon as they fhall respectively and in due form have acceded to this treaty.

XVIII. All fequeftrations impofed by any of the parties named in this treaty, on the rights, properties, or debts, of individuals belonging to any other of the faid parties, fhall be taken off, and the property of whatever kind fhall be reitored in the fullest manner to the lawful owner; or just compenfation be made for it : and all complaints of injury done to private property, contrary to the ufual practice and rules of war, and all claims of private rights or property which belonged to individuals at the periods of the commencement of hoftilities refpectively, between the faid parties, viz. Great Britain and Portugal on the one fide, and France, Spain, and Holland, on the other; and which ought, according to the ufual practice and laws of nations, to revive at the period of peace, fhall be received, heard, and decided, in the refpective courts of jul tice of the different parties; and full juftice therein thall be done by each of the faid parties to the fubjects and people of the other, in the fame manner as to their own fubjects or people.

And if any complaint fhould arife refpecting the execution of this article, which complaint shall not he lettled by mutual agreement between the respec tive Governments within twelve months after the same shall have been preferred to them, the fame thall be determined by fworn commillioners to be appointed on each fide, with power to call in an arbitra or of any in different nation; and the decision of the faid commiffioners shall be binding, and without appeal.

XIX. His Britannic Majelty and the French Repubic promife to oblerve fin cerely and bona fide, all the articles contained and established in the prefent treaty; and they will not fuffer the fame to be infringed, directly or indirectly, by their respective fubjects; and the faid contracting parties guarrantee to each other, generally and reciprocally, all the ftipulations of the prefent treaty.

XX. The folemn ratifications of the prefent treaty, prepared in good and due form, fhall be exchanged in between the contracting parties, in the space of a month, or fuoner if poffible, to be computed from the day of the fignature of the prefent treaty.

In witnels whereof, &c. &c.

(No. 14. B.)

Note from Lord Malmesbury to the French Plenipotentiaries THE Minifter Plenipotentiary of his Britannic Majefty has the honour of prefenting to the Minifters Plenipotentiary of the French Republic, in coniequence of the with expreffed by thein in the conference of this morning, the

following

following note, which he requests them at the fame time to confiler, not fo much in the light of an official paper, as of a verbal and confidentia com. munication, and as a proof of his readintis to faciliate the progres of the negotiation, by giving them, on the very outlet, all the explanations in his power on the projet of the treaty which he has delivered to them.

If, as the Minifters Plenipotentiary of the French Republic have affured him, it is contrary to their moft pofitive inftructions to enter into any dif cuifion relative to the ceffion of thole poffeffions which belonged to France before the war, it is ufeiefs to dwell on the VIth article; fince the compen fations which Eis Britannic Majefty might have demanded by that article, in return for the reflitutions which he is difpojed to make for the re ettablithment of peace, muff, in confequence of this declaration, be fought for in the ceffions to be made by his Catholic Majesty, and the Batavian Republic.

Lord Malmesbury therefore propoies to infert in the thirteenth article, after the words ftatus ante bellum, the following words: "With the excep❝tion of the Ifland of Trinidad, which thall remain in full pofleflion to his "Britannic Majesty."

Lord Malmesbury imagines that it is unneceffary for him to repeat the reafons which induce him to infift upon the retaining of this conqueft, unes compenfation fhould be made for it by fome other ceffion which hall babice the augmentation of power accruing to France, from the acquisition of the Spanish part of St. Domingo.

With regard to the fourteenth article, Lord Malmesbury proposes, that after the words ftatus ante bellum, should be added, "With the exception of "the Town, Fort, and Establishment of the Cape of Good Hope, and of the "poffeffions which belonged to the Dutch before the war in the filand of "Ceylon, and of the Town and Fort of Cochin, which fall be redud "to his Britannic Majefty in exchange for the Town of Negapatnam and "its Dependencies."

Lord Malmesbury repeats to the Minifters Plenipotentiary of the French Republic the afferance of his readinels to concur with them, in every thing which fhall depend on him, to bring the negotiation to a happy iffe; and requests of them, at the fame time, to accept the affurances of his high coofideration.

Lifle, July 8, 1797.

(Signed) (No. 15. C.)

MALMESBURY.

Note. From the French Plenipotentiaries to Lord Malmesbury. THE Minifters Plenipotentiary of the French Republic have received the note which the Minifter Plenipotentiary of his Britannic Majefty did them the honour of addreffing to them yesterday. They will give to it, as well as to the project of a treaty to which it relates, the most ferious attention. Is the mean time, though they are not yet enabled to communicate to Lord Malmesbury the remarks to which thefe two papers appear to them hable, they think it their duty to propofe to him a conference to-morrow, at one o'clock, if that hour is agreeable to him, in order to treat with him on dɗtinct points, the difcuffion of which may be entered upon feparately, and which may be proceeded in without delay.

They requeit Lord Malmesbury to accept the affurances of their high confideration.

(No. 16. D.)

Note. From the French Plenipotentities to Lord Malmesbury, dated Lifle. THE Ministers Plenipotentiary of the French Repubric lote no time in complying with the with expreffed to them by the Minister Plenipotent ary of his Britannic Majelly, by tranimmitting to him a note on the three points which were the subject of their conference of this day.

1. They have potitive orders to require the renunciation of the title o King of France borne by his Britannic Mjefty.

Lord Malm. fbury is requested to oblerve that the question is not only a renunciation of the rights which might be pretended to be derived from this title, bu further and formaily of the title itlelf. The establiment of the French Republic, and the acknowledgment of this form of Government by the King of England, will not allow of his retaining a title which would imply the exiflence in France of an order of things which is at an end.

2. The Minitters Pienipotentiary of the Republic are ordered to demand the reftitution of the vessels taken or destroyed at Toulon.

Great Britain has publicly and form. Íly declared that thefe veffels were taken in trult for the King of France.-This truft is facred. It incon tellibly belongs to the Republic, which exercifes the rights and the fovereignty that Great Britain attributed to Louis XVI. at the period of the capture of Toulon. His Britannic Majefty cannot, therefore, in acknowledging the French Republic, deny its right to the reftitution required, or retufe either to make the reftitution, or to offer an equivolent for it.

3. The Minitters Picnipotentiary have orders to demand, and do demand, the renunciation, on the part of his Britannic Majefty, of the mortgage on Belgium.

That country was mortgaged for the loans made by the Emperor in Englind. It has become an integral part of the French Republic, and cannot realain burthened with tuch a mortgage.

The Minders Plenipotentiary cae French Republic request Lord Malmesbury to accept the alliance of their high confideration.

Lille, le zz-Meffi'or,

5th year of the Republic.

July 10. 1797.

(Signed) LE TOURNEUR.

PLEVILLE LE PELLEY.
HUGUES B. MARET.

COLCHEN, S.c. Gen. of the Legation.

(No 17.)

Extract of a Difpatch from Loru Grenville to Lord Malmesbury, dated

WE

Downing Street, July 13, 1797.

WITH refpect to the deniands contained in the note tranfmitted to your Lordfhip by the French Mnitters, they have been naturally received here with great furprofe. On the fubje&t of the Netherlands, as connected with the Auftrian loans, it is conceived that any explanation between his Majefty and the French Government is wholly unnecefiary. The loans riifed in England, for the fervice of the Emperor of Germany, and guaranteed by Act of Parliament here, reft, as your Lordship will perceive, by the annexed copy of the convention on that fubject, upon the fecurity of all the revenues of all the hereditary dominions of his Imperial Majefty. They do not fee in any manner to come under the description contained in the fixth article of the preliminaries between Auftria and France, refpecting mortgages upon the foil of the Netherlands, on which ground alone France could have any pretence to interfere in the bufinefs. Nor is this tubject one which appears to be in any manner a fit point of difcuffion between his Majefty and the Republic; the King neither forms nor has any intention of forming any demand on the French Government for the payment of any part either of the intereft or capital of thofe loans. It is to the Emperor alone that his Majefty looks for the

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