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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, fhall 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 ship, after paying the expences.

XXIII. And finally, in order more effectually to provide for the respective security of the citizens of the two contracting parties, and to prevent the injuries to be feared from hips 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 fhall 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 committions, fhall become bound before a competent judge, to give fecurity by two refponfible cautions at leaft, 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 36,820 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 shall serve 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 prefent 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, of 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 veffels, 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, fhall 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 free dom and liberty to their ports, by the commiffions 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 most favoured nations. XXV. All foreign privateers, having commiffions from a ftate 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 state 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 hips

or elfewhere 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 fhall 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 articies, 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.
C. P. FLEURIEU.
RODERER.

OLIV. ELLSWORTH.
W. R. DAVIE.

W. V. MURRAY.

of those pirates, as well as their ef. Foranexact} C.M.TALLEYRAND,

Papers relative to the Commencement of Negotiations for Peace with France.

fects and merchandise, fhall be copy,
feized wherever they fhall be difco-
vered, and restored to their pro-
prietors, agents, or factors, duly
authorited by them, after having
proved their right before judges
competent to decide refpecting 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 reftored.

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,

No. 1.

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No. 8, Hereford-Street, le 6 Fruc. An. 8. (Aug. 24, 1800.)

MY LORD,

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 thofe which form the fubject of the incloted note, appear to me to justify a more direct communication. I fter myfelf, therefore, that your excellency will not disapprove 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 most respectful confideration, my lord, your excellency's moft humble and moft obedient fervant,

(Signed) Отто.

No. 2. 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 majefty the king of Great Britain at the court of Vienna, from which note it appears that the defire of his Britannic majesty is to fee a termination of the war which divides France and England, the undersigned is fpecially authorised to demand from his majesty'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

continuation of hoftilities with England, the underfigned is in like manner authorised to propofe 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 tranfmit to him his majesty's answer. Отто. London, the 6th Fruc. An. 8. (Aug. 24. 1800.)

(Signed)

No. 3.

Downing Street, Aug. 26, 1800.
SIR,

I am to request that you will endeavour, as foon as you can, to fee M. Otto, and to afk 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.

GRENVILLE.

(Signed) Commiffiouer George.

No. 4.

M. Otto's Full Powers. Bonaparte, first conful of the French republic, in virtue of the 41ft article of the conftitution,

gives to the citizen Otto, commif-
fary of the government for the ex-
change of prifoners in England,
power to propofe, to confent to,
and to fign, conformably to his in-
ftructions, a general armiftice be-
tween the French republic and his
majefty the king of Great Britain.
(Signed) By the Firft Conful,

BONAPARTE.
(Signed) The Secretary of State,
HUGUES B. MARET.

Done at Paris, at the Palace of
theGovernment, the 2d Fruc-
tidor, year 8 of the Republic.

No. 5.
Downing Street, Aug. 28, 1800.
SIR,

I have the king's commands to defire that you will, as foon as you can after the receipt of this letter, fee M. Otto; and that you will return to him the original of the paper which he delivered to you on Tuefday laft.

In making proper acknowledge ments to him for his attention on this occafion, you will mention, that the paper I had wifhed to fee was not this, but lord Minto's note referred to in that which M. Otto addreffed to me by order of his government on the 24th inftant; but that, while you were with M. Otto, I received, by a meflenger from Vienna, the copy of lord Minto's note, together with that written on the fame fubject by M. de Thugut to M. Talleyrand.

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I inclofe to you, for your information, a copy of the former, and an extract of the latter of thefe papers, which you will return to me after you fhall have feen M. Otto. The reafon of my communicating them to you is, to enable you to converfe with M. Otto on the subject of them, in conformity with the inftructions contained in the minute

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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 majefty, 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.

4. That, with respect to the propofal of an armiftice,the king would fee with great fatisfaction the mo

ment

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 question, 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.

1800.

No. 7.

Park-Place, Aug. 29. 1800.
MY LORD,

In obedience to his majesty's commands, communicated to me by your lordflip in your letter of yefterday's date, I called upon M. Otto, and had a particular conversation 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 lordship'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 prefented 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 majefty, and a proper perfon fent thither on his majefty'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,

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