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with the greatest anxiety, for an explanation of the fentiments of the directory, with regard to the principle it has propofed, as the bafis of the negotiation, and the adoption of which appeared to be the best means of accelerating the progrefs of a difcuffion fo important to the happiness of so many

nations.

The undersigned has, in confequence, received orders to renew the demand of a frank and precife anfwer on this point, in order that this court inay know, with certainty, whether the directory accepts that propofal; or defires to make any change or modifications whatever in it; or laftly, whether it would wish to propofe any other principle that may promote the fame end.

MALMESBURY.

Paris, November 26, 1796.

No. 25.

IN anfwer to the note delivered yefterday, November 26, by lord Malmesbury, the underfigned minifter for foreign affairs is inftructed by the directory to obferve, that the answers made on the 5th and

22d of laft Brumaire contained an acknowledgement of the principle of compensation, and that, in order to remove every pretext for farther difcufion on that point, the underfigned, in the name of the executive directory, now makes a formal and pofitive declaration of fuch acknowledgment.

In confequence, lord Malmesbury is again invited to give a speedy and categorical anfwer to the propofal made to him on the 22d of laft Brumaire, and which was conceived in these terms: the underfigned is inftructed by the execu

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No. 27.

Note. The undersigned is charged to tranfmit to the minifter for foreign affairs the enclosed memorial, containing the propofals of his court, with refpect to the application of the general principle already established as the bafis of the negotiation for peace.

He will, with the utmost readinefs, enter with that minifter into every explanation which the ftate and progrefs of the negotiation will allow, and he will not fail to enter into the difcuffion of these propofitions, or of any counter-project which may be tranfmitted to him on the part of the executive directory, with that frankness and that fpirit of conciliation which correfpond with the juft and pacific 'intentions of his court.

MALMESBURY.

(Signed) Paris, December 17, 1796.

No. 28:

No. 28.

Corfidential memorial, on the principal objects of reftitution, compenfation, and reciprocal arrangement.

THE principle, already established as the basis of negotiation, by the confent of the two governments, is founded on reftitutions to be made by his Britannic majefty to France, in compenfation for the arrangements to which that power may confent, in order to fatisfy the juft pretenfions of the allies of the king, and to preferve the political balance of Europe.

In order to accomplish these objects, in the manner the moft complete, and to offer a fresh proof of the fincerity of his wishes for the re-establishment of general tranquil lity, his majefty would propofe, that there fhould be given to this principle, on each fide, all the latitude of which it may be fufceptible.

I. His majefty demands therefore,

1. The reftitution to his majefty, the emperor and king, of all his dominions, on the footing of the flatus ante bellum.

2. The re-establishment of peace between the Germanic empire and France, by a fuitable arrangement conformable to the refpective interefts and the general fafety of Europe. This arrangement to be negotiated with his Imperial majefty, as conftitutional head of the empire, either by the intervention of the king, or immediately, as his Imperial majefty fhall prefer.

3. The evacuation of Italy by the French troops, with an engagement not to interfere in the internal affairs of that country; which fhould be re-established, as far as

poffible, upon the footing of the Status ante bellum.

In the course of the negotiation, a more detailed difcuffion may be entered into of the further measures

which may be proper to adopt refpecting the objects of these three articles, in order to the providing more effectually for the future fecurity of the refpective limits or poffeffions, and for the maintenance of general tranquillity.

II. With regard to the other allies of his Britannic majefty, his majefty demands, that there be referved to her majefty the empress of all the Ruffias a full and unlimited power of taking part in this negotiation whenever the may think fit, or of acceding to the definitive treaty, and thereby returning to a ftate of peace with France.

III. His majefty alfo demands, that her moft faithful majefty may be comprehended in this negotiation, and may return to a state of peace with France, without any ceffion or burthenfome condition on either fide

IV. On thefe conditions his majefty offers to France the entire and unreferved reftitution of all the conquefts which he has made on that power in the Eaft and West Indies, propofing at the fame time that a mutual understanding should be eftablished as to the means of fecuring, for the future, the tranquility of the two nations, and of confolidating, as much as poffible, the advantages of their refpective poffeffions. His majefty offers, in like manner, the reftitution of the islands of St. Pierre and Miquelon, and of the fifhery of Newfoundland, on the footing of the ftatus ante bellum.

But if, in addition to this, his majefty

majefty were to wave the right given to him by the exprefs ftipulations of the treaty of Utrecht, of oppofing the ceflion of the Spanith part of St. Domingo to France, his majefty would then demand, in return for this conceffion, a compenfation, which might fecure, at leaft in fome degree, the maintenance of the balance of the repective poffeffions in that part of the world.

V. In all the cafes of ceffions or reflitutions which may come in queftion in the courfe of this negotiation, there fhould be granted en each fide to all individuals the moft unlimited right to withdraw with their families and their property, and to fell their land and other moveable poffeflions; and adequate arrangements thould be also made, in the courfe of this negotiation, for the removal of all fequeftrations, and for the fatis faction of the juft claims, which individuals on either fide may have to make upon the refpective go

vernments.

MALMESBURY.

(Signed) No. 29. Confidential Memorial on the Peace

with Spain and Holland. THE allies of France not having hitherto expreffed any defire or difpofition to treat with the king, his majefty might have forborne to enter into any detail on their account; but in order to avoid any delays prejudicial to the great object which the king has in view, and to accelerate the work of a general peace, his majefty will not refufe to explain himfelf in the firft inftance on the points which concern thofe powers. If then the Catholic king fhould defire to be comprehended in this negotiation,

or to be allowed to accede to the definitive treaty, this would meet with no obftacle on the part of his majetty. Nothing having hitherto been conquered by either of the two fovereigns from the other, no other point could, at the prefent moment, come into queftion but that of the re-ettablishment of peace, fimply, and without any reflitution or compenfation whatever, except fuch as might poffibly refult from the application of the principle declared at the end of the fourth article of the memorial already delivered to the minifter for foreign affairs.

But if during the negotiation, any alteration thould take place in the ftate of things in this refpect, it will then be proper to agree upon the reftitutions and compenfations to be made on each fide.

With regard to the republic of the United Provinces, his Britannic majefty and his allies find themfelves too nearly interefted in the political fituation of thofe provinces to be able to confent in her favour to the re-eftablishment of the ftatus ante bellum as with refpect to the territorial poffeffions, unlefs France could, on her part, reinftate them in all refpects in the fame political fituation in which they ftood before the war.

If at least it were poffible to re-establish in thofe provinces, agreeably to what is believed to be the wifh of a great majority of the inhabitants, their ancient conftitution and form of government, his majefty might then be disposed to relax, in their favour, from a very confiderable part of the conditions on which the prefent state of things obliged him to infist.

But if, on the contrary, it is with the republic of Holland, in its

prefent

prefent ftate, that their Britannic and Imperial majefties will have to treat, they will feel themfelves obliged to feek in territorial acquifitions thofe compenfations and that fecurity which such a state of things will have rendered indifpenfable to them.

Reftitutions of any kind, in favour of Holland, could in that cafe be admitted in fo far only as they fhall be compenfated by arrangements calculated to contribute to the fecurity of the Auftrian Netherlands, The means of accomplishing this object will be found in the ceffions which France has exacted in her treaty of peace with Holland, and the poffeffion of which by that power would in any cafe be abfolutely incompatible with the fecurity of the Auftrian Netherlands in the hands of his Imperial majesty.

It is on these principles that his Britannic majefty would be ready to treat for the re-establishment of peace with the republic of Holland in its prefent ftate.The details of fuch a difcuffion muft neceffarily lead to the confideration of what would be due to the interefts and the rights of the houfe of Orange.

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pletely mafter of the fubject hefore I faw the French minifter, I delayed afking for a conference till late on Friday evening, with a view that it fhould not take place till Saturday morning.

He appointed the hour of eleven. A.M. on that day, and it was near one before we parted. Although what is faid by M. Delacroix before he has communicated with the directory cannot be confidered as officially binding, and probably may, in the event, be very different from what I fhall hear when he fpeaks to me in their name, yet as it is impoffible they fhould not nearly conjecture the nature of the overtures I fhould make, and of courfe be prepared in fome degree for them, it is material that your lordship thould be accurately acquainted with the first impreffions they appear to make on M. Delacroix.

I prefaced what I had to communicate with faying, that I now came authorized to enter with him into deliberation upon one of the moft important fubje&ts that perhaps ever was brought into dif cuffion-that as it's magnitude forbade all fineffe, excluded all prevarication, fufpended all prejudices, and that as I had it in command to speak and act with freedom and truth, I expected that he, on his part, would confider these as the only means which could or ought to be employed if he wished to fee a negotiation, in which the happinefs of millions was involved, terminate fuccefsfully. That, for greater precifion, and with a view. to be clearly understood in what I was about to propose, I would give him a confidential memorial, accompanied by an official note, both M

which

which, when he had perufed them, would fpeak for themfelves. The memorial contained the conditions, on the accomplishment of which his majefty confidered the reftoration of peace to depend. The note was expreffive of his majesty's readiness to enter into any explanation required by the directory on the fubject, or to receive any contreproje, refting on the fame bafis, which the directory might be difpofed to give in. That, moreover, 1 did not hesitate declaring to him, in conformity to the principles which I had laid down, and from which I certainly never thould depart at any period of the negotiation, that I was prepared to anfwer any queftions, explain and elucidate any points, on which it was poffible to forefee that doubts or mifconceptions could arife on the confideration of thefe papers. And having faid thus much, I had only to remark, that I believed, in no fimilar negotiation which had ever taken place, any minifter was authorized, in the firft inftance, to go fo fully into the difcuffion as I now was. That I was fure neither the truth of this remark, nor the manifeft conclufion to be drawn from it, would efcape M. Delacroix's obfervation.

I then put the two papers int> his hands. He began by reading the note, on which of courfe he could only exprefs fatisfaction. After perufing the confidential memorial with all the attention it deferved, he, after a thort paufe, faid, that it appeared to him to be liable to infurmountable objections; that it seemed to him to require much more than it conceded, and, in the event not to leave France in a fituation of proportional greatnefs

to the powers of Europe. He said, the act of their conftitution, according to the manner in which it was interpreted by the best publicists, (and this phrafe is worthy remark) made it impofiible for the republic to do what we required. The Auftrian Netherlands were annexed to it; they could not be difpofed of without flinging the nation into all the confufion which muft follow a convocation of the primary affemblies; and he faid, he was rather furprized that Great Britain should bring this forward as the governing condition of the treaty, fince he thought he had, in fome of our late converfations, fully explained the nature of their conftitution to me. I replied, that every thing I had heard from him on this point was perfectly in my recollection, as it probably was in his; that though I bad liftened to him with that attention I always afforded to every thing he faid, yet I had never made any fort of reply, and had neither admitted nor controverted this opinion: that although I believe I could eafily difprove this opinion from the fpirit of the French confiitution itself, yet the difcuffion of that conftitution was perfectly foreign to the object of my miffion; fince, even allowing his two pofitions, viz. that the retroceflion of the Auftrian Netherlands was incompatible with their laws, and that we ought to have known that beforehand, yet that there existed a droit public in Europe paramount to any droit public they may think proper to establish within their own dominions; and that if their conftitution was publicly known, the treaties exiting between his majefty and the emperor were at least equally public, and in thefe it was

clearly

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