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in upholding the dignity of his crown, and in asserting and maintaining the rights and interests of his people. G. R." On the motion of lord Hawkesbury, the Message was ordered to be taken into consideration on the 23rd. A similar Message was presented to the Lords, by lord Pelham.

PAPERS RELATIVE TO THE DISCUSSIONS WITH FRANCE.] May 18. The following Papers were laid before both Houses, by command of his Majesty : PAPERS RESPECTING THE DISCUS

SIONS WITH FRANCE.

No. 1-Letter from M. Otto to lord Hawkesbury, dated London, May 23rd, 1802.

My Lord; The 10th article of the treaty of Amiens, which fixes the new organization of the order of Malta, having prescribed various measures, to the execution of which it is necessary that the two principal contracting powers should concur, the First Consul has named general Vial as minister plenipotentiary to the order and Island of Malta, for the purpose of concerting with the person whom his Britannic majesty shall appoint for that purpose, respecting the execution of the arrangements agreed upon in the late treaty. General Vial will set out on his destination as soon as your excellency shall have informed me of his majesty's intentions, and of the choice he may make. I have, &c.

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Sir;-In answer to your letter of yesterday, in which you communicate to me the nomination, by the first consul, of general Vial to be minister plenipotentiary of the French republic, to the order of Saint John of Jerusalem; I have the honour to inform you, that the king has been pleased to appoint sir Alexander Ball to be his majesty's minister to the order. Sir A. Ball will shortly proceed to Malta, and will be instructed to concert with general Vial the necessary measures for carrying into effect the arrangements relative to that island, which are stipulated in the 10th article of the definitive treaty of peace. I have, &c. HAWKESBURY.

No. 3.-Extract of a Dispatch from Lord St. Helens to Lord Hawkesbury, dated St. Petersburgh, April 23rd, 1802..

I hope very soon to be enabled to re-dispatch your lordship's last messenger with the answer of this government to the communications which I have made to them, in obedience to his majesty's commands, respecting the 10th article of the treaty of Amiens. In the mean time I must not conceal from your

lordship, that there is great reason to fear that his Imperial majesty will decline taking part in the proposed joint guaranty of the possessions and new constitution of the order of Malta.

No. 4.-Extract of a dispatch from Lord St. Helens to Lord Hawkesbury, dated Petersburgh, May 7th, 1802.

I have reason to hope that the first impressions that had been produced here by certain parts of the arrangement relative to Malta, have been removed; and that his Imperial majesty may even be ultimately induced to guaranty the whole of that arrangement; provided that the steps which have been taken towards the election of a new grand master, according to the mode suggested by this court, be considered as fulfilling what is required on that head by the latter part of the paragraph of the 10th article of the treaty of Amiens; and consequently that no new election for that office is to take place in the manner pointed out by the former part of the same stipulation.

No. 5.-Dispatch from Lord Hawkesbury to

Mr. Merry, dated Downing-street, June 5th, 1802.

Sir;-I informed you in my dispatch No. 10, that M. Otto had made an official communication to me, that general Vial was appointed by the first consul minister plenipotentiary to the order of St. John of Jerusalem. Sir Alexander Ball has been in consequence invested with the same character by his majesty. He will proceed immediately to Malta, and he will receive instructions to concert into complete effect the stipulations contained with general Vial the best means of carrying in the 10th article of the definitive treaty. By the paragraph marked No, 1, in that article, it is stipulated:

"The knights of the order, whose langues shall continue to subsist after the exchange of the ratifications of the present treaty, are invited to return to Malta as soon as that exchange shall have taken place: they shall there form a general chapter, and shall proceed to the election of a grand master, to be chosen from amongst the natives of those nations which preserve langues, if no such election shall have been already made since the exchange of the ratifications of the preliminary articles of peace."

The object of this paragraph was, that in the event of an election having taken place Subsequent to the exchange of the ratifications of the preliminary articles of peace, and antecedent to the conclusion of the definitive treaty, that election should be considered as valid; and though no mention is made in the article of the proclamation of the emperor of Russia soon after his accession to the throne, by which the knights of the order were invited to assemble, and to proceed to the election of a grand master, the stipulation in

question evidently referred to the contingency of an election taking place on the continent in consequence of that proclamation.

You will inform the French government, that his majesty is ready to consider the election which has lately taken place at St. Petersburgh, under the auspices of the emperor of Russia, to be valid, according to the stipulation in the 10th article.

His majesty has no other object in the whole of this transaction, than that the 10th article of the treaty may be fairly executed; and that the arrangement may be carried into complete execution with as little difficulty as possible.

As the 13th paragraph in the 10th article stipulates that the governments of Austria, Russia, and Prussia, should be invited to accede to the arrangements respecting Malta, it is desirable that the French government should instruct, without delay, their ambassadors or ministers at Vienna, Petersburgh, and Berlin, to make, conjointly with his majesty's ministers at those courts, an official communication, desiring the accession of those powers to the arrangements relative to Malta in the definitive treaty; by which it is provided, that the independence of the island and the other stipulations shall be under the guarantee of those powers, in conjunction with his majesty, the French government, and the king of Spain. I have, &c.

HAWKESBURY.

No. 6.-Extract of a dispatch from Anthony Merry, Esq. to Lord Hawkesbury, dated Paris, June 17th, 1802.

I have now the honour to transmit to your lordship, inclosed, copy of an answer which reached me last night (though dated eight days back), from the French minister, to the note verbale which I delivered to him, containing his majesty's propositions respecting the execution of some points of the arrangements relative to Malta, contained in the 10th article of the definitive treaty of peace. You will find the entire acquiescence of this government to those propositions, expressed, in a very satisfactory manner.

[Inclosure referred to in No. 6.]

His Britannic majesty's minister plenipotentiary has the honour to transmit herewith to citizen Talleyrand, minister for the foreign affairs of the French republic, the "note verbale" of the communication he has been ordered to make to him by his government, who are desirous that the proposals it contains may be acceptable to the French government; and they may be assured the British government in making these proposals, have no other object in view than to facilitate, in the easiest manner, the execution of the treaty of Amiens, and to act in this respect in perfect harmony with the French government. Mr. Merry has the honour, &c. (Signed)

ANT. MERRY.

Paris 8th June, 1802.

The citizen minister for foreign affairs will find inclosed a list of suffrages obtained from several priories of the order of St. John of Jerusalem, for the election of a grand master, which has been received from St. Petersburgh by the British government, with the notice that these priories have agreed amongst themselves, that his holiness the pope shall select (pro hac vice), from amongst the candidates therein specified, the person who is to fill the post of grand master. His Britannic majesty on his part is willing to consider an election so made as valid, according to the stipulations of the 10th article of the treaty of Amiens. His majesty therefore is ready to acknowledge, in quality of grand master, the person whom the pope shall think proper to fix upon, from amongst the names contained in that list. His majesty has no other end in view in this, than to see the 10th article of the treaty of Amiens duly fulfilled, and the arrangement it contains executed with as little difficulty as possible. It is stipulated by the 13th paragraph of the same article, that the Austrian, Russian, and Prussian governments, shall be solicited to accede to the said arrangement. The British government is of opinion that it might be proper for that of France to send without delay instructions to their ministers at Vienna, Petersburgh, and Berlin, to make conjointly with his Britannic majesty's ministers a communication to those powers in which they should be invited to accede to the arindependence of the island, and the other stirangement respecting Malta, by which the pulations relative thereto, are placed under the protection and guarantee of those powers conjointly with their Britannic and Catholic majesties, and the French republic.

The undersigned, minister for foreign affairs, has the honour to transmit to M. Merry, his Britannic Majesty's minister plenipotentiary, his answer to the note verbale which he addressed to him on the eighth Prairial. He doubts not that his majesty's ministers will see in this answer a new proof of the constant dispositions of the first consul to come to an agreement with the English government, for the securing and facilitating the execution of the respective clauses of the treaty which has re-established peace between the two states. The undersigned has the honour, &c.

(Signed) CHA. MAU. TALLEY RAND.-Paris, 20th Prairial, year 10.

[The minister for foreign affairs of the French republic has received the communication which has been made to him by his Britannic majesty's minister plenipotentiary, of the list of the candidates nominated by the votes of the different priories to the grand mastership of the order of Malta; and he has submitted to the first consul the proposal concerted between the priories of the order, and approved by his Britannic majesty, of submitting (pro hac vice) to his holiness the choice among the proposed candidates.

The first consul has no other object in whatever relates to the order of Malta, than to see the 10th article of the treaty of Amiens duly executed, and to remove all the obstacles which might render that execution tardy or difficult. He moreover desires equally with his Britannic majesty, that France and England should act in concert, in order the better to secure the independence and the organisation of the order of Malta. He therefore consents that the choice of its grand master, from the canditates proposed by the votes of the priories, should for this time be submitted to his holiness.

As to the 13th paragraph of the same article, respecting the accession of the powers, the first consul thinks with his Britannic majesty, that the powers should be invited to give their consent to the arrangements agreed upon; and the French ministers at the courts of Austria, Russia, and Prussia, shall consequently receive orders to take, conjointly with his Britannic majesty's ministers, the necessary steps for obtaining the accession provided by the 10th article of the treaty of Amiens.]--Paris, 10th Prairial, year 10. No. 7.-Dispatch from Mr. Merry to Lord Hawkesbury, dated Paris, June 4, 1802. My Lord;-I had occasion to see Mr. Talleyrand yesterday afternoon, for the purpose of introducing to him, by appointment, some English gentlemen, previously to their presentation to-day to the first consul.

Having gone first alone into the minister's cabinet, he said, that he had been directed by general Buonaparte, to represent to me several circumstances which stood very much in the way of that perfect reconciliation and good understanding between the two countries and their governments, which it was the first consul's sincere wish to see re-established, in order that such obstacles might be removed before the arrival in London of the French ambassador, because, although the circumstances in question had already produced a very disagreeable effect, whilst only M. Otto, as minister, had to witness them, they would acquire a great addition of force if they should still exist when the ambassador should be present; and since the first consul had given orders for general Andreossy to proceed to his destination with as little delay as possible, he wished that I should take an early opportunity to give an account to your lordship of the observations which he was charged to make to me.

After a preface to this effect, M. Talleyrand proceeded to state to me, that the accounts which M. Otto had transmitted of the disgust and inconvenience which he could not but feel and experience at meeting, frequently, at his majesty's court, and at other places, the French princes, and some French persons still decorated with the insignia of French orders which no longer existed; and, at seeing the countenance and support which continued

to be given, in England, to what, he termed, the ci-devant French bishops, as well as to other persons (he here mentioned Georges) inimical to the present government of France, had affected, so strongly, the first consul, and were, in fact, so calculated to prevent that system of cordiality, which he was anxious to see established, that it was incumbent upon him to express his wish, that his majesty's government might be disposed to remove out of the British dominions all the French princes and their adherents, together with the French bishops, and other French individuals, whose political principles and conduct must necessarily occasion great jealousy to the French government. He continued to observe, that the protection and favour which ali the persons in question continued to meet with in a country so close a neighbour to France, must alone be always considered as an encouragement to the disaffected here, even without those persons themselves being guilty of any acts tending to foment fresh distur bances in his country; but that the government here possessed proofs of the abuse which they were now making of the protec the advantage they were taking of the vicinity tion which they enjoyed in England, and of of their situation to France, by being really guilty of such acts, since several printed papers had lately been intercepted, which it was known they had sent, and caused to be circulated in France, and which had for their object, to create an opposition to the government. I cannot, my lord, do better than refer you to what you will have read in the French official paper of the day before yesterday (under the article of Paris), for the exact text of M. Talleyrand's discourse upon this subject; which he concluded by saying, that he thought the residence of Louis 18th was now the proper place for that of the rest of the family, and that I might add this suggestion in my report to your lordship.

I answered the French minister, that, without any reference to you, I could assure him, that the practices of the French residing in England, of which he complained, had not been encouraged, nor would be countenanced by his majesty's government; which was as sincerely disposed to cultivate harmony and good understanding between the two countries, as he had represented the first consul to be; but that I could by no means say how far they would be disposed to adopt the measure whichhe had intimated it to be general Buonaparte's wish that they should pursue, in order to remove, so effectually, every thing which might not, perhaps, be considered equally by them as giving just cause of offence or jealousy to France.

M. Talleyrand did not rejoin upon the matter, but asked me when I proposed writing. Upon my replying I should lose no time, he said, that if I should write as to-day, he would avail himself of the opportunity to convey a letter to M. Otto. I have the honour to be, &c.

A MERRY.

minions.

In delivering my answer on this business to the French minister, I took care to express, in the strongest manner, the assurances which your lordship has authorised me to give of his majesty's sincere desire, that the peace which has happily been concluded should be permanent, and that it should lead to the establishment of a system of harmony and good understanding between the two countries; and that, as his majesty's conduct would, in every respect, be guided by those sentiments, he, of course, would not tolerate, much less encourage, any proceedings on the part of persons within his dominious, which might be hostile to the present government of France; which assurances might, I trusted, be sufficient to tranquillize and satisfy the first consul, without recurring to the measures which had been intimated to me, and which could not but be considered as inconsistent with his majesty's dignity and honour, as well as with the common laws of hospitality, which he could not but observe towards foreigners within his dominions, until they should have forfeited that protection by their misconduct.

No. 8.-Dispatch from Lord Hawkesbury to respecting the residence of the French princes, and other French persons in his majesty's doMr. Merry, dated June 10, 1802. Sir-Your dispatches of the 4th instant were received on Monday night, and have been laid before the king. The account given in that dispatch of the conversation which passed on the 3rd instant, between you and M. Talleyrand, respecting the French princes and their adherents, would have afforded here considerable surprise, if his majesty's govern ment had not in some degree been prepared for it by information which had been previously received; from the manner, however, in which this subject has been mentioned to you, it is important that you should take a proper opportunity to explain, candidly and fairly, to the French government, the line of conduct which his majesty feels it to be his duty to pursue in this very delicate business. His majesty would certainly consider it inconsistent with both the letter and spirit of the treaty of peace, between him and the French republic, to encourage or countenance any projects that might be hostile to the present government of France. He is sincerely desirous, that the peace which has been concluded, may be permanent, and may lead to the establishment of a system of good understanding and harmony between the two countries. With these sentiments, he is disposed to employ all the means in his power to guard against any circumstance which can have the effect of disturbing the tranquillity that has been so happily restored; and he certainly expects, that all foreigners who may reside within his dominions, should not only hold a conduct conformable to the laws of the country, but should abstain from all acts which may be hostile to the governmeut of any country with which his majesty may be at peace. As long, however, as they conduct themselves according to these principles, his majesty would feel it inconsistent with his dignity, with his honour, and with the common laws of hospitality, to deprive them of that protection which individuals, resident in his do minions, can only forfeit by their own misconduct. The greater part of the persons to I rejoined upon the subject, by observing to whom allusion has been made in M. Talley- the French minister, that even without adrand's conversation with you, are living inverting to the serious consideration of the retirement; and his majesty has no reason whatever to suppose, that since the conclusion of peace, they have availed themselves of their residence in this country, to promote any designs injurious to the government of France. I have, &c.

(Signed) HAWKESBURY.

No. 9.-Dispatch from Mr. Merry to Lord Hawkesbury, dated Paris, June 17, 1802. My Lord-I have the honour to acquaint your lordship, that I have executed the instructions given me by your secret and confidential dispatch, (No. 14), in consequence of the communication from M. Talleyrand, which I transmitted in my number 23, [VOL. XXXVI.

M. Talleyrand expressed to me, in reply, that the first consul had solicited no more than the British government itself had, at the time, demanded of France, when the Pretender was in this country, and than had been practised between other governments, under similar circumstances; that he could not see any humiliation in the measure which he had intimated to me; that he could assure me it had not been suggested with any such idea; and that he could only repeat, that the adoption of it would be, in the highest degree, agreeable and satisfactory to the first consul, and be considered by him as the most convincing proof of his majesty's disposition to see a cordial good understanding established between the two countries; concluding his answer with a request that I would report it to your lordship.

king's dignity and honour, the feelings of the people of England were to be taken into account on the occasion; that he must be sensible the relative situation hitherto of the two countries, especially in regard to trade, afforded his majesty's subjects no room to reap those advantages which were common to, of peace; and that it therefore appeared to and which were always expected from a state me that the first consul would equally give a proof of his disposition to see harmony, and a friendly intercourse, re-established between the two nations, by not repeating his wish upon a matter which would operate in the strongest manner against such an approximation and reconciliation of sentiments, were it [4 M]

even only to come to the knowledge of his majesty's subjects.

I am happy, my lord, to say, that M. Talleyrand showed no warmth, or any very marked eagerness, in his manner of replying to my communication; and that our conversation on this head terminated with the last remarks I made to him, when he changed it to another subject. I have, &c. (Signed)

ANTH. MERRY. No. 10.-Letter from M. Otto to Lord

Hawkesbury, dated July 25, 1802.

My Lord;-I transmitted some time ago, to Mr. Hammond, a number of Peltier, containing the most gross calumnies against the French government, and against the whole nation; and I observed that I should probably receive an order to demand the punishment of such an abuse of the press. That order is actually arrived, and I cannot conceal from you, my lord, that the reiterated insults of a small number of foreigners, assembled in London, to conspire against the French government, produce the most unfavourable effects on the good understanding between the two nations. Even though the first article of the treaty of Amiens had not provided for the maintenance of that respect which two independent nations owe to each other, the general maxims of the law of nations would formally condemn so revolting an abuse of the liberty of the press. It cannot be believed, that the law can give more latitude to a libellist than to any other individual, who, without declaration of war, should permit himself to violate the duties of good neighbourhood. The offence in question is so much the more serious, as its object is evidently to disturb the harmony which subsists between the two governments.

It is not to Peltier alone, but to the editor of the "Courier François de Londres," to Cobbett, and to other writers who resemble them, that I have to direct the attention of his majesty's government. The perfidious and malevolent publications of these men are in open contradiction to the principles of peace; and if it could ever enter into the mind of the French government to permit retaliation, writers would, doubtless, be found in France, willing to avenge their countrymen. by filling their pages with odious reflexions on the most respectable persons, and on the dearest institutions of Great Britain.

No. 11.--Letter from Lord Hawkesbury to

M. Otto, dated July 28, 1802.

Sir;- I have the honour to acknowledge the receipt of your letter on the subject of the last number of Peltier. It is impossible that his majesty's government could peruse the article in question, without the greatest displeasure, and without an anxious desire that the person who published it should suffer the punishment he so justly deserves. The calumnies, however, to which his majesty's government, and many of the best subjects in this country are frequently exposed in the public prints, must necessarily convince all foreign governments of the difficulties which exist in a constitution like that of Great Britain, in preventing the abuse which is often unavoidably attendant on the greatest of all political benefits; and though publications of this nature are, as they certainly ought to be, by the law of England, subject to punishment, it is often difficult to prove the guilt of an individual so satisfactorily as to obtain the judgment of a court of justice; and the inconvenience which arises from prosecution, unless there is a reasonable prospect of success, is frequently sufficient to deter both the government and individuals from undertaking it. In the present case, I have thought it my duty to refer the article in question to his majesty's attorney-general, for his opinion whether it is or is not a libel, according to the construction of the law of England, and whether it is such a libel as he would, under all the circumstances, recommend for prosecution. As soon as I receive his report, I shall have the honour of communicating it to you. I have, &c. HAWKESBURY.

(Signed)

No. 12.-Note from M. Otto to Lord Hawkesbury, dated August 17, 1802.

The undersigned minister plenipotentiary of the French republic, having submitted to his government the letter which his excellency lord Hawkesbury, minister and principal secretary of state of his Britannic majesty, did him the honour of writing, under date of 27th July, is directed to offer the following observations:

If the British government tolerates censures upon the acts of its administration, and the personal abuse of the most respectable men, it does not suffer even the slightest attempt The want of positive laws against these against the public tranquillity, the fundamensorts of offences cannot palliate the violation tal laws of the empire, and supreme authority of the law of nations, according to which, which arises from them. Every nation is, peace should put a stop to all hostilities; and moreover, at liberty to sacrifice any advantage doubtless, those which wound the honour and whatever in its interior, in order to obtain anthe reputation of a government, and which other to which it attaches a higher value; but tend to cause a revolt of the people, whose the government which does not repress the interests are confided to that government, arc licentiousness of the press, when it may be the most apt to lessen the advantages of injurious to the honour or the interests of fopeace, and to keep up national resentments.reign powers, would afford an opportunity to I have, &c.

(Signed)

libellists to endanger the public tranquillity, OTTO. or at least, the good understanding that forms

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