« AnteriorContinua »
from on board, either while the hip is at fea, after being taken, during the proceedings against it, its cargo, or any thing relative to
In cafe of the fhip belonging to either party being taken, feized, and retained for judgment, its officers, paffengers, and crews, fhall be treated with humanity: they cannot be imprisoned nor robbed of their clothes or pocket-money, not exceeding for the captain, fupercargo, and fecond, five hundred dollars each, and for the failors and paffengers, one hundred dollars
XXII. It is moreover agreed on, that, in every cafe, the tribunals appointed for prize caufes in the countries whither the prizes fhall be taken, shall alone be competent to try them; and in every judgment which the tribunal of either party pronounces against a fhip, or merchandife, or property reclaimed by the citizens of the other party, the fentence or decree fhall make mention of the reafons or motives which have determined this judgment, of which an authentic copy, as well as of all the proceedings relative to it, fhall, on their requifition, be delivered without delay to the captain or agent of the faid fhip, after paying the expences.
XXIII. And finally, in order more effectually to provide for the refpective fecurity of the citizens of the two contracting parties, and to prevent the injuries to be feared from fhips of war or privateers of either party, all the commanders of hips of war or privateers, and all the citizens of both parties, fhall refrain from all violence against one another, and from every perfonal infult. If they act in a contrary manner they shall be punished, and bound over in their perfons and
properties to give fatisfaction and reparation for the damage, with intereft, of whatever kind the faid damage may be.
To this effect all the captains of privateers, before receiving their commithions, fhall become bound before a competent judge, to give fecurity by two refponfible cautions at least, who fhall have no intereft in the faid privateer, and who each, as well as the captain, fhall engage individually for the fum of 7,000 dollars, or 35,820 francs, and if the faid veffels carry more than 150 failors or foldiers, for the fum of 15,000 dollars, or 73,670 francs, which fhall ferve to repair the damage that the faid privateers, their officers, or crews, or any of them, fhall have committed during their cruife, contrary to the difpofitions of the present convention, or to the laws and inftructions which ought to be the rule of their conduct: befides this, the faid commiffion fhall be revoked and annulled in every cafe where an aggreffion has been com mitted.
XXIV. When the fhips of war of the two contracting parties, or thofe which their citizens fhall have armed, fhall be admitted with their prizes into the ports of either of the two parties, the faid public or private vefiels, as well as their prizes, fhall not be obliged to pay any duties, either to the officers of the place, or to the judges, or to any others. The faid prizes entering in the harbours or ports of one of the two parties, shall not be arrefted or feized, and the officers of the place fhall not take cognizance of the validity of the faid prizes, which are to be fuffered to go out, and be conducted with fall freedom and liberty to their ports, by the commiflions which the captains of
of the faid veffels fhall be obliged to fhow. It is always understood, that the ftipulations of this article fhall not extend beyond the privileges of the moft favoured nations.
XXV. All foreign privateers, having commiffions from a state or prince at war with one or other nation, cannot arm their veffels in the ports of either nation, or difpofe of their prizes there, or in any manner exchange them. They fhall not be allowed to buy provifions further than the neceffary quantity to gain the nearest port of the ftate or prince from whom they fhall have received their commillions.
XXVI. It is further agreed, that neither of the two contracting parties fhall receive pirates in its ports, roads, or cities, and fhall not permit any of its inhabitants to receive, protect, fupport, or conceal them in any manner, but fhall deliver up to due punishment fuch of its inhabitants as fall be guilty of the like acts or crimes: the fhips of those pirates, as well as their effects and merchandife, fhall be feized wherever they fhall be difcovered, and restored to their proprietors, agents, or factors, duly authorited by them, after having proved their right before judges competent to decide respecting the property.
If the faid effects have paffed by fale into other hands, and the purchafers were or might be informed, or have fufpected that the faid effects were carried away by pirates, they fhall be equally restored.
XXVII. Neither of the two nations fhall interfere in the fisheries of the other upon its coafts, nor difturb, it in the exercife of the rights which it now has, or may acquire on the coafts of New fourdland, in the Gulph of St. Laurence,
or elsewhere on the coaft of America, or the North of the United States; but the whale and feal fifhery fhall be free for the two nations in all parts of the world.
The Convention shall be ratified on both fides in due form, and the ratifications fhall be exchanged in the space of fix months, or fooner if it be poffible. In faith whereof the refpective plenipotentiaries have figned the above articles, as well in the French as in the English language, and have placed their feals; declaring nevertheless that the fignature in two languages fhall be cited as an example, and fhall not prejudice either of the two parties.
Done at Paris, the 8th day of Vendemiaire, the 9th year of the French Republic, and the 3d day of September, 1800.
(Signed) JOSEPH BONAPARTE.
Foran exact copy,
Papers relative to the Commencement of Negotiations for Peace with France.
No. 1. No. 8, Hereford-Street, le 6 Fruc. An. 8. (Aug. 24, 1800.)
However fcrupulous I may have hitherto been to follow in all refpects the path traced for my offcial communications with the miniftry of his majefty, yet the fecrecy and difpatch requifite for those which form the fubject of the inclofed note, appear to me to justify a more direct communication. I for myfelf, therefore, that your excellency will not difapprove of the Rep
ftep I now take of communicating to you, without any intervention, the intentions of the French government respecting the overtures which have been made to it by baron Thugut.
If his majefty fhould accept the propofitions contained in the inclofed note, I beg, my lord, that you would appoint, as foon as poffible, the perfon who fhall be employed to treat with me; and who, without doubt, will be guided in this important negotiation by that fpirit of conciliation which alone can contribute to the restoration of peace and good understanding between the two governments. I have the honour to be, with the moft refpectful confideration, my lord, your excellency's moft humble and most obedient servant, (Signed) Отто.
continuation of hoftilities with England, the underfigned is in like manner authorised to propose that a general armiftice be concluded between the armies and the fleets of the two ftates, adopting, with refpect to the places which are befieged and blockaded, measures analogous to thofe which have taken place in Germany relative to Ulm, Philipfbourg, and Ingolstadt.
The undersigned has received from his government the powers neceffary for negotiating and concluding this general armistice. He begs his excellency lord Grenville to lay this note before his Britannic majefty, and to transmit to him his majesty's answer.
To bis Excellency Lord Grenville, Secretary of State for the Department of Foreign Affairs.
His imperial majefty having communicated to the government of the French republic a note from lord Minto, envoy extraordinary and minifter plenipotentiary of his majesty the king of Great Britain at the court of Vienna, from which note it appears that the defire of his Britannic majefty is to fee a termination of the war which divides France and England, the undersigned is fpecially authorifed to demand from his majefty's miniftry farther explanations refpecting the propofition which has been tranfmitted by the court of Vienna; and, at the fame time, as it appears impoffible, that at the moment when Auftria and England take a common hare in the negotiations, France fhould find herself under a fufpenfion of arms with Auftria, and a
(Signed) Отто. London, the 6th Fruc. An. 8. (Aug. 24. 1800.)
Downing Street, Aug. 26, 1800.
I am to requeft that you will endeavour, as foon as you can, to fee M. Otto, and to ask him from me, whether he has any objection to deliver to you, fealed up for me, the papers to which his laft communication refers? as his doing fo will expedite his receiving the anfwer to it.
You will at the fame time apprife him, that you are not informed of the particulars of that communication, or of its tendency; and that you have been charged to make this inquiry, in order to avoid drawing any attention to it.
(Signed) GRENVILLE. Commiffiouer George.
M. Otto's Full Powers. Bonaparte, firit conful of the French republic, in virtue of the 41ft article of the conftitution, gives
herewith inclofed, which you are at liberty in the courfe of your converfation to fhow to M. Otto, as containing the heads of what you are charged to communicate to him.
You will of course carefully confine your converfation within the limits of that paper; and you will, as foon as poflible, deliver to me a written minute of what fhall have paffed between you and M. Otto on the fubject.
I am, &c.
(Signed) GRENVILLE. Commiffioner George.
No. 6. Minute of Inftructions to Captain George, Aug. 28, 1800.
1. To declare that the note prefented at Vienna by lord Minto contains the expreffion of his majefty's fentiments, and that the king is ready to act in conformity to it.
2. To inquire whether any anfwer has been returned by the French government to the propofal contained in M. Thugut's letter to M. Talleyrand refpecting a place for the meeting of plenipotentiaries to carry on joint negotiation: or whether M. Otto is authorised to agree with this government on that point, agreeably to the fuggeftion contained in M. Thugut's letter.
3. To exprefs, in that cafe, that either of the places named by M. de Thugut would be agreed to by his majetty, and a proper perfon fent thither on his majefty's part to meet the plenipotentiaries of Austria and France, provided that the French government is willing to enter into fufficient engagements for the free-. dom of direct communication by couriers with fuch place of negotiation.
4. That, with refpect to the propofal of an armiftice, the king would fee with great fatisfaction the mo
ment when he could with propriety adopt any measure, the immediate effect of which would be to put a ftop, at least for a time, to the calamities of war; but that an armistice, as applying to naval operations, has at no period ever been agreed on between Great Britain and France during the course of their negotiations for peace, or until the preliminafies have been actually figned: that it cannot therefore be confidered as a step neceffary to negotiation; and that, from the difputes to which its execution muft unavoidably be expected to give rife, it might more probably tend to obftruct than to facilitate the fuccefs of thofe endeavours which the two parties might employ for the restoration of peace: that the circumftances of a naval war are obvioufly not fuch as to admit of fuch equal arrangements as are easily established with regard to military operations when fufpended by fuch an agreement: that it appears, therefore, at all events premature to enter even into the difcuffion of this queftion, until, from the course of the negotiations, it fhall more clearly appear how far they are likely to lead to a fatisfactory iffue: and that no decifion could in any cafe be taken here on fuch a fubject, unless the French government had previously explained in what manner it is conceived that the principles of the regulations adopted in the Germanarmistice, with refpect to blockaded towns, can be applied to the naval ports and arfenals of France, so as to carry bona fide into execution, as to the refpective maritime forces, the objects which thofe ftipulations have in view with refpect to the military pofitions occupied by the two armies.
Park-Place, Aug. 29. 1800. MY LORD,
In obedience to his majefty's commands, communicated to me by your lordship in your letter of yefterday's date, I called upon M. Otto, and had a particular converfation with him on the fubject of the pa pers delivered to me by your lordfhip. I made a proper acknowledgment to him for the readinefs which he fhowed to comply with your lordfhip's wifh of communicating the paper you wifhed to fee, which he conceived to be the one I had the honour to deliver to your lordfhip; and he appears fully fenfible of the attention fhown him on that occafion. I declared to him,
ift, That the note presented at Vienna by lord Minto contains the expreffion of his majesty's fentiments, and that the king is ready to act in conformity to it.
2d, I inquired whether any anfwer had been returned by the French government to the propofal contained in M. Thugut's letter to M. Talleyrand refpecting a place for the meeting of plenipotentiaries to carry on joint negotiations, and was informed by him that the place of meeting was fixed at Luneville.
3d, I informed M. Otto that either of the places named by M. Thugut would be agreed to by his majesty, and a proper perfon fent thither on his majesty's part to meet the plenipotentiaries of Auftria and France, provided that the French government is willing to enter into fufficient engagements for the freedom of direct communication by couriers with fuch place of negotiation; which he promifes to communicate immediately to the French government by courier.