conferences, to afford the inforination which thail be required of him, and to take a note of what fhall be agreed upon and fettled.

full powers I had given in, as in due form and fumcient; but that they also reserved to themselves the fame right, in regard to inftructions

A true copy.

I had the honour in my laft, by Brooks, of the 6th inftant, to inform your lordship of my arrival here, of the manner in which I had been received, and of my having, in the ufual form, exchanged my full powers with the French plenipotentiaries.

On Friday the 7th at noon we held our fecond conference.

I opened this fecond conference with the French plenipotentiaries, by faying, that I myself had no obfervations to make on their full powers, which appeared to be conformable to thofe ufnally given by the directory to their plenipotentiaries, and of course must be confi. dered as fufficient for the purposes expreffed in them: that I, however, had tranfmitted them by a meffenger to my court, and referved to myfelf the right of communicating any objections or remarks which I might receive by the return of my meffenger relative to them.

M. Le Tourneur, to whom, as prefident of the commiffion, 1 addreffed myfelf, replied, that they had taken precifely the fame fteps as myfelf; that they confidered the

tory on this fubject, as I had claimed in regard to my court.

To this, of course, I affented. On Saturday the 8th inftant, I gave in the projet precifely as I had received it from your lordship; a copy of which (A), as it is tranflated into French, I think it my duty to inclose.

One of the French plenipotentiaries propofed, that fome time fhould be given them to take the proposals I had made into confideration, and begged of me, merely for the fake of accuracy, and to help their memory, that I would be good enough either to let Mr. Colchen put down on paper, or myself fend them a note containing the words with which I wished the articles left in blank to be filled up. I readily acquiefced in the latter mode, and immediately on my return fent them the inclofed note (B).

On Sunday evening I received the inclofed note (C) from the French plenipotentiaries, and in confequence of it went to the proposed conference yesterday.

Que of the French plenipotentiaries informed me on the subject of the projet I had given them, and the note with which I had accompanied it, that as thefe papers contain many points on which their inftructions did not enable them to answer, they had, after having given them a very ferious attention, fent them, with fuch obfervations as they had thought it their duty to make on them, to the directory, and that the moment they received an anfwer, they would communicate it to me. But that in the mean while, not to delay the

progress

progrefs of the negotiation, they wifhed that feveral points which he termed infulated, but which, though not referred to in our projet, were, he faid, infeparably connected with the general fubject of peace, might be difcuffed and got rid of now if I had no objection, and that it was with this view they had requested me to meet them. On my not expreffing any difapprobation to this mode of proceeding, one of the French plenipotentiaries began, by faying, that in the preamble of the treaty the title of king of France was ufed; that this title they contended could no longer be infifted on, the abolition of it was in a manner effential to the full acknowledgment of the French republic, and that as it was merely titular as far as related to his majefty, but quite otherwife in the fenfe in which it applied to them, he hoped it would not be confidered as an important conceffion.

I informed him, that on all former occafions a separate article had been agreed to, which appeared to me to anfwer every purpofe they required, and which it was my intention, as the treaty advanced, to have propofed, as proper to make part of this. The article (the first of the separate ones in the treaty of 1783) was then read; but they objected to it, as not fully meeting their views. It was to the title itself, as well as to any right which might be fuppofed to arife from it, that they objected. I could fcarcely allow myfelf to treat this mode of reafoning seriously. I endeavoured to make them feel that it was cavilling for a mere word; that it was creating difficulties where none existed; and that if all the French monarchs in the course of three centuries had allowed this to ftand in the preamble of all treaties and tranfactions between the two countries, I could

not conceive, after its having been used for fo long a period without any claim or pretenfion being fet forth in confequence of it, how it could now affect either the dignity, fecurity, or importance of the republic-that in fact fuch titles have ever been confidered as indefeasible, and as memorials and records of former greatnefs, and not as pretenfions to prefent power-and I quoted the titles of the kings of Sardinia and Naples, &c. as examples exactly in point. I argued however in vain. They treated it very gravely, and made fo ftrong a ftand upon it, that I could not avoid taking it for reference, which I thought it better to do, than, feeling as I did at the moment, to push the converfation farther.

The fecond infulated point was a very material one indeed, and which, although it had been advert. ed to as a propofal that might poffibly be brought forward, I confefs came upon me unexpectedly:-It was to ask either a reftitution of the fhips taken and deftroyed at Toulon, or an equivalent for them. They grounded this claim on the preliminary declaration made by lord Hood on his taking poffeffion of Toulon; and on the eighth article of the declaration of the committee of the sections to him. They faid, peace they hoped was about to be re-eftablished; that his majefty, in acknowledging the republic, admitted that a fovereignty exifted in the French government; and of courfe that the fhips, held only as a depofit by England till this legal authority was admitted, ought now to be restored. I replied, that this claim was fo perfectly unlooked for, that it was impoffible for me to have been provided for it in my inftructions, and that I could therefore only convey my own private fenti

ments

ments on it, which were, that they could not have devised a step more likely to defeat the great end of our million. One of the French plenipotentiaries faid, that he fincerely hoped not; that withont a reftitution of the fhips an equivalent might be found to effect the purpofe defired, fince their great object was, that fomething fhould appear to prove that this just demand had not been overlooked by them, and was not left unfatisfied by us. I told him fairly, I did not fee where this equivalent was to be found, or how it could be appreciated; and that confidering the great advantages France had already obtained by the war, and those he was likely to obtain from the act of condefcenfion I had already intimated his majefty was difpofed to make in order to reftore peace, I was much furprised, and deeply concerned, at what I heard. I trufted, therefore, that this very inadmiffible propofal would be withdrawn. They faid it was not in their power; and one of them, from a written paper before him, which he faid were his inftructions, read to me words to the effect I have already stated.

The third queftion was as to any mortgage we might have upon the Low Countries, in confequence of money lent to the emperor by Great Britain. They wished to know if any fuch exifted, fince, as they had taken the Low Countries charged with all their incumbrances, they were to declare that they fhould not confider themselves bound to anfwer any mortgage given for money lent to the emperor, for the purpose of carrying on war against them.

I told them, that without replying to this question, fuppofing the cafe to exift, the exception they required fhould have been stated in their treaty with the emperor, and could

not at all be mixed up in ours; that if they had taken the Low Coun tries as they ftood charged with all their incumbrances, there could be no doubt what thefe words meant, and that if no exception was ftated in the first instance, none could be made with a retro-active effect.

The French plenipotentiaries, however, were as tenacious on this point as on the other two; and as I found to every argument I ufed that they conftantly oppofed, their inftructions, I had nothing to do but to defire that they would give me a written paper ftating their three claims, in order that I might immediately tranfmit it to your lordship; and on this being promifed, our conference broke up.

Between four and five P. M. yefterday, I received the inclosed note (D), and I have loft no time fince it is in my poffeffion in preparing to fend away a messenger, as, independent of the difagreeable fubjects brought forward in this laft conference, and which it is material fhould be communicated without delay, I am anxious his majefty fhould be informed of what has paffed in general up to this day, as it may perhaps furnith fome ideas as to the poffible event of the negotiation.

of Brunswick and Lunenburgh, arch-treasurer and elector of the holy Roman empire, and the executive directory of the French republic, being equally defirous to put an end to the war, which has for fome time paft fubfifted between the dominions of the two parties, have named and conftituted for their plenipotentiaries, charged with the concluding and figning of the definitive treaty of peace; viz. the king of Great Britain, the lord baron of Malmesbury, a peer of the kingdom of Great Britain, knight of the most honourable order of the Bath, privy counsellor to his Britannic majefty; and the executive directory of the French republic, who,

after having exchanged their refpective full powers, have agreed upon the following articles:

I. As foon as this treaty fhall be figned and ratified, there fhall be an univerfal peace as well by fea as by land, and a fincere and conftant friendship between the two contracting parties, and their dominions, and territories, and people, withont exception of either places or perfons; fo that the high contracting parties fhall give the greatest attention to the maintaining between themselves and their faid dominions, territories, and people, this reciprocal friendship and intercourse, without permitting here after, on either part, any kind of hoftilities to be committed either by fea or by land, for any caufe, or under any pretence whatfoever. There fhall be a general oblivion and amnefty of every thing which may have been done or committed by either party towards the other before or fince the commencement of the war; and they fhall carefully avoid for the future every thing

which might prejudice the union happily re-eftablished.

Immediately after the exchange of the ratifications of this treaty, orders fhall be fent to the armies and fquadrons of both parties to ftop all hoftilities; and for the execution of this article, fea- paffes fhall be given on each fide to the ships difpatched to carry the news of peace to the poffeffions of the two parties.

II. The treaties of peace of Nimeguen of 1678 and 1679, of Rylwick of 1697, and of Utrecht of 1713; that of Baden of 1714; that of the triple alliance of the Hague of 1717; that of the quadruple alliance of London of 1718; the treaty of peace of Vienna of 1736; the definitive treaty of Aix la Chapelle of 1748; the definitive treaty of Paris of 1763; and that of Verfailles of 1783, serve as a bafis and foundation to the peace, and to the prefent treaty. And for this purpofe they are all renewed and confirmed in the best form, fo that they are to be exactly obferved for the future in their full tenour, and reli giously executed by both parties in all the points which fhall not be derogated from by the present treaty of peace.

III. All the prisoners taken on either fide, as well by land as by fea, and the hoftages carried away or given during the war, fhall be restored without ranfom, in fix weeks at lateft, to be computed from the day of the exchange of the ratifications of the prefent treaty.-Each party refpectively dif charging the advances which fhall have been made for the fubfiftence and maintenance of their prisoners in the country where they fhall have been detained, according to the receipts, attested accounts, and other

authentic

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 releafe.

IV. With refpect to the rights of fifhery on the coafts of the island of Newfoundland, and of the islands adjacent, and in the Gulf of St. Lawrence, the two parties fhall return to the fame fituation in which they flood respectively, according to the treaties and engagements fubLifting at the period of the commencement of the war. And with this view, his majefty confents to reftore to France, in full right, the islands of Saint Pierre and Miquelon.

V. The fame principle of the ftate of poffeffion 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 poffeffions 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 restored to the party to whom they belonged at the commencement of the prefent war.

VI. From this principle of mutual reftitution, the two parties have agreed to except

which

fhall remain to his Britannic majefty in full fovereignty.

VII. In all the cafes of reftitution provided by the prefent treaty, the fortreffes fhall be restored in the fame condition in which they now are, and no injury fhall be done to

any works that have been conftruâed fince the conqueft of them.

VIII. It is alfo 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 reftored or ceded, fball be allowed to perfons of whatever defcription, refiding or being in the faid territory or place, poffeffed of property therein under any title exifting before the war, or which has fince devolved to them by the laws then exifting; during which term of three years they hall remain and refide unmolested in the exercife of their religion, and in the enjoyment of their poffeffions and effects, 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 dif charge of juft debts to individuals; and that all those who, within the time of months after the notification of this treaty, fhall declare to the government thea established, their intention to with draw themfelves, 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 difpofe of the fame, whether moveable or im moveable, at any time within the faid period of three years, without any restraint or hindrance, except on account of debts at any time contracted, or of any criminal profecution for acts done fubfequent to the notification of this treaty.

IX. As it is necessary to appoint a certain period for the reftitutions herein-before ftipulated, it is agreed,

that