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that the fame fhall take place in Europe within (one month), in Africa and America within (three months), and in Afia within (fix months), after the ratification of the present treaty.

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

XI. The decision of the prizes and feizures of fhips and their car goes taken at fea or feized in the ports of either country, prior to the hoftilities, fhall be referred to the refpective courts of justice; 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 juftice of the nation which hall have made the capture, or ordered the feizures. And in order to prevent all caufes of complaint and difpute which may arife on account of prizes which may be made at fea after the figning of this treaty, it is reciprocally agreed that the veffels and effects which may be taken in the Briti channel and in the North feas, after the space of twelve days, to be computed from the exchange of the ratifications of this treaty, hall be reftored on each fide: that the term shall be one month from the British channel and the North feas, as far as the Canary iflands, inclufively, whether in the ocean, or in the Mediterranean: two months from the said Canary islands as far as the equinoctial line or equator: three months from the equator to any part to the weft ward of the Cape of Good Hope,

and the eastward of Cape Horn: and, laftly, five months in all other parts of the world, without any exception or any more particular defcription of time or place.

XII. The allies of the two par

ties,

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 contracting par ties to accede to this peace on the terms and conditions fpecified in the three following articles; the execution of which the faid two contracting parties reciprocally guarantee to each other, being thereto refpectively authorized by their above-mentioned allies: and the two contracting parties further agree, that if their allies refpectively fall not have fo 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 fuccour of any nature during the further continuance of the war.

XIII. His Britannic majefty engages to conclude a definitive peace with his Catholic majesty on the footing of the ftate of poffeffion before the war, with the exception of

which all 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 poffeffion before the war, with the exception of

which shall remain to his Britannic majefty in full fovereignty, and of

which fhall be ceded to his majefty in exchange for

In confideration of these reftitutions, to be hereby made by his Britannic majefty, 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 restored to him, or a full equivalent in money given him for the fame. And the French republic further engages to procuré for him, 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 imprifoned or banished, or whofe property has been fequeftered or confifcated in the said republic, on account of their attachnient to the interefts of the House of Orange, or to the former government of the United Provinces, fhall be releafed, and fhail be at liberty to return to their country, and to refide therein, and to enjoy their propeny there, conforming themfelves to the laws and

conftitution there established.

XV. The French republic engages to conclude a definitive peace with her moft Faithful majefty on the fame footing, of the state 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 man ner to the reftitutions to be made by virtue of any of the three laft articles, viz. the XIIIth, XIVth, and XVth, except in those instances where the fame may be derogated

from by the mutual consent of the parties concerned.

XVII. All former treaties of peace between the refpective parties, to whom the faid three arti cles relate, and which subsisted and were in force at the commencement of hoftilities between them refpectively, fhall be renewed, except in fuch inftances 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 hoftili-, ties, 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 shall refpectively and in due for.n have acceded to this treaty.

XVIII. All fequeftrations im pofed by any of the parties named in this treaty, on the rights, pro perties, or debts of individuals belonging to any other of the said parties, fhall be taken off, and the property of whatever kind fhall be reftored in the fulleft manner to the lawful owner; or just compenfation be made for it: and all complaints of injury done to private property, contrary to the usual 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 one fide, and France, Spain, and Holland, on the other; and which ought, ac cording to the ufual practice and laws of nations, to revive at the period of peace, fhall be received, heard, and decided, in the refpec tive courts of juftice of the differ ent parties; and full juftice there.

in fhall be done by each of the faid parties to the fubjects and people of the other, in the fame manner as to their own subjects or people.

And if any complaints fhould arife refpecting the execution of this article, which complaints fhall not be fettled by mutual agreement between the refpective governments within twelve months after the fame fhall have been preferred to them, the fame shall be determined by fworn commiffioners to be appointed on each fide, with power to call in an arbitrator of any indifferent nation; and the decifion of the faid commiffioners fhall be binding, and without appeal.

XIX. His Britannic majefty and the French republic promife to obferve fincerely, and bond fide, all the articles contained and established in the present treaty; and they will not fuffer the fame to be infringed, directly or indirectly, by their respective fubjects; and the faid contracting parties guarantee to each other, generally and reciprocally, all the ftipulations of the prefent treaty.

XX. The folemn ratifications of the present treaty, prepared in good and due form, fhall be exchanged in

between the contracting parties, in the space of a month, or fooner if poffible, to be computed from the day of the signature of the prefent treaty.

In witness whereof, &c. &c.

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public, in confequence of the wish expreffed by them in the conference of this morning, the following note: which he requests them at the fame time to confider, not fo much in the light of an official paper as of a verbal and confidential communication, and as a proof of his readiness to facilitate the progrefs of the negotiation, by giving them, on the very outfet, 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 difcuffion relative to the ceffion of thofe poffeffions which belonged to France before the war, it is ufelefs to dwell on the VIth. article: fince the compenfations which his Britannic majefty might have demanded by that article, in return for the reftitutions which he is difpofed to make for the re eftablishment of peace, muft, in confequence of this declaration, be fought for in the ceffions to be made by his Catholic majefty and the Batavian republic.

Lord Malmesbury therefore propofes to infert in the thirteenth article, after the words ftatus ante bellum, the following words; "With the exception of the island of Trinidad, which fhall remain in full poffeffion to his Britannic majefty."

Lord Malmesbury imagines that it is unneceffary for him to repeat the reasons which induce him to infift upon the retaining of this conqueft, unless compenfation fhould be made for it by fome other ceffion which fhall balance the augmentation of power accruing to France from the acquifition of the Spanish part of St, Domingo.

With regard to the fourteenth article,

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article, lord Malmesbury propofes, that after the words ftatus ante bel lum, fhould 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 island of Ceylon, and of the town and fort of Cochin, which fhall be ceded 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 affurance of his readiness to concur with them, in every thing which fhail depend on him, to bring the negotiation to a happy iffue; and requefts of them, at the fame time, to accept the affurances of his high confideration.

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(No. 15. C.)-Note from the French Plenipotentiaries to Lord Malmefbury.

The minifters plenipotentiary of the French republic have received the note which the minifter plenipotentiary of his Britannic majefty did them the honour of addrelling to them yesterday. They will give to it, as well as to the projet of a treaty to which it relates, the moft ferious attention. In the mean time, though they are not yet enabled to communicate to lord Malmesbury the remarks to which thefe two papers appear to them liable, 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 diftinct points, the difcuffion of which may be entered upon feparately, and which may be proceeded in without delay.

They request lord Malmesbury to accept the affurances of their high confideration.

(Signed) LE TOURNEUR.

PLEVILLE LE PELLEY.
HUGUES B. MARET.

Lifle, 21 Meffidor,

5th year of the Republic.
(July 9th, 1797-)

COLCHEN, Sec. Gen. of the
Legation.

(No. 16. D.)-Note from the French Plenipotentiaries to Lord Malmefbury. Dated Lifle.

The minifters plenipotentiary of the French republic lofe no time in complying with the wifh expreffed to them by the minifter plenipotentiary of his Britannic majefty, by tranfmitting to him a note on the three points which were the fubject of their conference of this day.

require the renunciation of the title 1. They have positive orders to of King of France borne by his Britannic majefty.

Lord Malmesbury is requested to obferve that the queftion is not only of a renunciation of the rights which might be pretended to be derived from this title, but further and formally of the title itself. The eftablishment 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 existence in France of an order of things which is at an end.

2. The minifters plenipotentiary of the republic are ordered to demand the reftitution of the veffels taken or defoyed at Toulon.

Great Britain has publicly and formally declared that thefe veffels were taken in truft for the king of France.

2

France. This truft is facred. It incontestably belongs to the repub. lic, which exercifes the rights and the fovereignty that Great Britain attributed to Louis XVII. 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 refufe either to make the reftitution, or to offer an equivalent for it.

3. The minifters plenipotentiary 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 England. It has become an integral part of the French republic, and cannot remain burdened with fuch a mortgage.

The minifters plenipotentiary of
the French republic request lord
Malmesbury to accept the affurance
of their high confideration.
(Signed) LE TOURNEUR.

PLEVILLE LE PELLEY.
HUGUES B. MARET.

Lifle, le 22 Meffidor, 5th year of the Republic.

(July 10, 1797-)

unneceffary. The loans raifed in England for the service of the em peror 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 here ditary dominions of his imperial majefty. They do not feem in any manner to come under the de fcription contained in the fixth ar◄ ticle of the preliminaries between Auftria and France, refpecting mortgages upon the foil of the Netherlands, on which ground a❤ lone France could have any pres tence to interfere in the business. Nor is this fubject 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 performance of his imperial majefty's engage ments to him, and it is upon the Auftrian government, and upon its revenues, that individuals concern

COLCHEN, Sec. Gen. of the Le- ed in thofe loans have claims of

gation.

(No. 17.)-Extract of a Dispatch from Lord Grenville to Lond Malmesbury, dated Downing-Street, July 13, 1797

With respect to the demands contained in the note tranfmitted to your lordship by the French minifters, they have been naturally received here with great furprife. On the fubject of the Netherlands as connected with the Auftrian loans, it is conceived that any explanation between his majefty and the French government is wholly

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private right, and means of pera fonal demand fecured to them by the convention.

On the other two points I have nothing to add to the observations which your lordship has already made upon them: and we can therefore only wait with impatience for the answer to the projeť delivered by your lordship, which will enable us to form a judgment on the intentions of the govern ment with whom we are treating.

Right Hon. Lord Malmesbury.

(No. 18.)-Extract of a Difpatch from Lord Malmesbury to Lord (R) Grenville,

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