the French republic and her allies, namely, his Catholic majesty and the Batavian republic, all the possessions and colonies which belonged to them respectively, and which had been occupied or conquered by the British forces in the course of the war, with the exception of the island of Trinidad, and the Dutch possessions in the island of Ceylon. ART. 4. His Catholic majesty cedes and guarantees, in full right and sovereignty, to his Britannic majesty, the island of Trinidad. ART. 5. The Batavian republic cedes and guarantees, in full right and sovereignty, to his Britannic majesty, all the possessions and establishments in the island of Ceylon, which belonged before the war, to the republic of the United Provinces, or to their East India company. ART. 6. The Cape of Good Hope remains in full sovereignty to the Batavian republic, as it was before the war. The ships of every description belonging to the other contracting parties, shall have the right to put in there and to purchase such supplies as they may stand in need of as heretofore without paying any other duties than those to which the ships of the Batavian republic are subjected. ART. 7. The territories and possessions of her most faithful majesty are maintained in their integrity, such as they were previous to the commencement of the war. Nevertheless, the limits of French and Portuguese Guiana shall be determined by the river Arawari, which falls into the ocean below the North Cape, near the isle Neuve and the island of Penitence, about a degree and one third of north latitude. These limits shall follow the course of the river Arawari, from that of its mouths which is at the greatest distance from the North Cape to its source, and thence in a direct line from its source to the river Branco towards the West. The northern bank of the river Arawari, from its mouth to its source, and the lands which are situated to the north of the line of the limits above fixed, shall consequently belong in full sovereignty to the French republic. The southern bank of the said river from its source, and all the lands to the southward of the said line of demarkation, shall belong to her most faithful majesty. The navigation of the river Arawari shall be common to both nations. The arrangements which have taken place between the courts of Madrid and of Lisbon, for the settlement of their frontiers in Europe, shall, however, be executed conformably to the treaty of Badajoz. ART. 8. The territories, possessions, and rights of the Ottoman Porte, are hereby maintained in their integrity, such as they were previous to the war. ART. 9. The republic of the Seven Islands is hereby acknowledged. ART. 10. The islands of Malta, Gozo, and Comino, shall be restored to the order of St. John of Jerusalem, and shall be held by it upon the same conditions on which the order held them previous to the war, and under the following stipulations: 1. 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. It is understood, that an election which shall have been made subsequent to that period, shall alone be considered as valid to the exclusion of every other which shall have taken place at any time previous to the said period. 2. The governments of Great Britain and of the French republic, being desirous of placing the order of St. John and the island of Malta in a state of entire independence on each of those powers, do agree that there shall be henceforth no English nor French langues, and that no individual belonging to either of the said powers shall be admissible into the order. 3. A Maltese langue shall be established, to be supported out of the land revenues and commercial duties of the island. There shall be dignities with appointments, and an Auberge appropriated to this langue. No proofs of nobility shall be necessary for the admission of knights into the said langue They shall be competent to hold every office, and to enjoy every privilege, in the like manner as the knights of the other langues. The municipal, revenue, civil, judicial, and other offices under the government of the island, shall be filled at least in the proportion of one-half by native inhabitants of Malta, Gozo, and Comino. 4. The forces of his Britannic majesty shall evacuate the island and its dependencies within three months after the exchange of the ratifications, or sooner if it can be done. At that period the island shall be delivered up to the order in the state in which it now is, provided that the grand master, or commissioners fully empowered, according to the statutes of the order, be upon the island to receive possession, and that the force to be furnished by bis Sicilian majesty, as hereafter stipulated, be arrived there. 5. The garrison of the island shall, at all times, consist at least one half of native Maltese; and the order shall have the liberty of recruiting for the remainder of the garrison from the natives of those countries only that shall continue to possess Langues. The native Maltese troops shall be officered by Maltese; and the supreme command of the garrison, as well as the appointment of the officers shall be vested in the grand master of the order, and he shall not be at liberty to divest himself of it, even for a time, except in favour of a knight of the order, and in consequence of the opinion of the council of the order. 6. The independence of the islands of Malta, Gozo, and Comino, as well as the present arrangement, shall be under the protection and guarantee of Great Britain, France, Austria, Russia, Spain, and Prussia. 7. The perpetual neutrality of the order, and of the island of Malta and its dependencies, is hereby declared. 8. The ports of Malta shall be open to the commerce and navigation of all nations who shall pay equal and moderate duties. These duties shall be applied to the support of the Maltese langue, in the manner specified in paragraph 3, to that of the civil and military establishments of the island, and to that of a Lazaretto open to all flags. 9. The Barbary states are excepted from the provisions of the two preceding paragraphs, until, by means of an arrangement to be made by the contracting parties, the system of hostility which subsists between the said Barbary states, the order of St. John, and the powers possessing langues, or taking part in the formation of them, shall be terminated. 10. The order shall be governed, both in spiritual and temporal matters by the same statutes that were in force at the time when the knights quitted the island, so far as the same shall not be derogated from by the present treaty. 14. The stipulations contained in paragraphs 3, 5, 7, 8, and 10, shall be converted into laws and perpetual statutes of the order, in the customary manner. And the grand master (or, if he should not be in the island at the time of its restitution to the order, his representative) as well as his successors, shall be bound to make oath to observe them punctually. 12. His Sicilian majesty shall be invited to furnish two thousand men, natives of his dominions, to serve as a garrison for the several fortresses upon the island. This force shall remain there for one year from the period of the restitution of the island to the knights; after the expiration of which term, if the order of St. John shall not, in the opinion of the guaranteeing powers, have raised a sufficient force to garrison the island and its dependencies, in the manner proposed in paragraph 5, the Neapolitan troops shall remain until they shall be relieved by another force judged to be sufficient by the said powers. 13. The several powers specified in paragraph 6, viz. Great Britain, France, Austria, Russia, Spain, and Prussia, shall be invited to accede to the present arrangement. ART. 11. The French forces shall evacuate the kingdom of Naples, and the Roman territory. The English forces shall, in like manner, evacuate Porto Ferrajo, and generally all the ports and islands which they may Occupy in the Mediterranean, or in the Adriatic. ART. 12. The evacuations, cessions, and res [VOL. XXXVI.] titutions, stipulated for by the present treaty, except where otherwise expressly provided for, shall take place in Europe within one month, in the continent and seas of America and of Africa within three months, and in the continent and seas of Asia within six months after the ratification of the present definitive treaty. ART. 13. In all the cases of restitution agreed upon by the present treaty, the fortifications shall be delivered up in the state in which they may have been at the time of the signature of the preliminary treaty; and all the works which shall have been constructed since the occupation shall remain untouched. It is farther agreed, that in all the cases of cession stipulated, there shall be allowed to the inhabitants, of whatever condition or nation they may be, a term of three years to be computed from the notification of this present treaty, for the purpose of disposing of their property acquired and possessed either before or during the war, in which term of three years they may have the free exercise of their religion and enjoyment of their property, The same privilege is granted in the coun tries restored to all those, whether inhabitants or others, who shall have made therein any establishments whatsoever during the time when those countries were in the possession of Great Britain. With respect to the inhabitants of the countries restored or ceded, it is agreed that none of them shall be prosecuted, disturbed or mo lested in their persons or properties, under any pretext, on account of their conduct or political opinions, or of their attachment to any of the contracting powers, nor on any other account, except that of debts contracted to individuals, or on account of acts posterior to the present treaty. ART. 14. All sequestrations imposed by any of the parties on the funded property, revenues, or debts, of whatever description, belonging to any of the contracting powers, or to their subjects or citizens, shall be taken off immediately after the signature of this definitive treaty. The decision of all claims brought forward by individuals, the subjects or citizens of any of the contracting powers respectively, against individuals subjects or citizens of any of the others, for rights, debts, property, or effects whatsoever, which, according to received usages, and the law of nations, ought to revive at the period of peace, shall be heard and decided before competent tribunals; and in all cases prompt and ample justice shall be administered in the countries where the claims are made. ART. 15. The fisheries on the coast of Newfoundland, and of the adjacent islands, and of the gulph of St. Lawrence, are replaced on the same footing on which they were previous to the war. The French fishermen, and the inha bitants of St. Pierre, and Miquelon, shall have the privilege of cutting such wood as they [20] may stand in need of, in the bays of Fortune and Despair, for the space of one year from the date of the notification of the present treaty. ART. 16. In order to prevent all causes of complaint and dispute which may arise on account of prizes which may have been made at sea, after the signature of the preliminary articles, it is reciprocally agreed that the vessels and effects which may have been taken in the British channel, and in the North sea, after the space of twelve days, to be computed from the exchange of the ratifications of the said preliminary articles, shall be restored on each side; that the term shall be one month from the British channel and the North seas, as far as the Canary islands, inclusively, whether in the ocean or in the mediterranean; two months from the said Canary islands as far as the equator; and lastly, five months in all other parts of the world, without any exception, or any more particular description of time or place. ART. 17. The ambassadors, ministers, and other agents of the contracting powers shall enjoy respectively in the states of the said powers, the same rank, privileges, prerogatives, and immunities, which public agents of the same class enjoyed previous to the war. ART. 18. The branch of the house of Nassau, which was established in the republic, formerly called the republic of the United provinces, and now the Batavian republic, having suffered losses there as well in private property as in consequence of the change of constitution adopted in that country, an adequate compensation shall be procured for the said branch of the House of Nassau for the said losses. ART. 19. The present definitive treaty of peace is declared common to the sublime Ottoman Porte, the ally of his Britannic majesty, and the Sublime Porte shall be invited to transmit its act of accession thereto in the shortest delay possible. ART. 20. It is agreed that the contracting parties shall, on requisitions made by them respectively, or by their ministers or persons or officers duly authorised to make the same, deliver up to justice persons accused of crimes of murder, forgery, or fraudulent bankruptcy, committed within the jurisdiction of the requiring party, provided that this shall be done only when the evidence of the criminality shall be so authenticated as that the laws of the country where the person so accused shall be found would justify his apprehension and commitment for trial, if the offence had been there committed. The expenses of such apprehension and delivery shall be borne and defrayed by those who make the requisition. It is understood that this article does not regard in any manner crimes of murder, forgery, or fraudulent bankruptcy, committed antecedently to the conclusion of this definitive treaty. ART. 21. The contracting parties promise to observe sincerely and bona fide all the articles contained in the present treaty; and they will not suffer the same to be infringed, directly or indirectly, by their respective subjects or citizens, and the said contracting parties generally and reciprocally guarantee to each other all the stipulations of the present treaty. ART. 22. The present treaty shall be ratified by the contracting parties in thirty days, or sooner if possible, and the ratifications shall be exchanged in due form at Paris. In witness whereof, we the underwritten plenipotentiaries, have signed with our hands, and in virtue of our respective full powers, the present definitive treaty, and have caused onr respective seals to be affixed thereto. Done at Amiens, the 27th day of March, 1802, the sixth Germinal, year Ten of the French Republic. CORNWALLIS. JOSEPH BUONAPARTE. R. J. SCHIMMELPENNINCK. (L. S.) Separate Article.-It is agreed, that the omission of some titles, which may have taken place in the present treaty, shall not be prejudicial to the powers or to the persons concerned. It is farther agreed, that the English and French languages made use of in all the copies of the present treaty shall not form an example which may be alleged or quoted as a precedent, or in any manner prejudice the contracting powers whose languages have not been used; and that for the future what has been observed, and ought to be observed, with regard to, and on the part of powers who are in the practice and possession of giving and receiving copies of like treaties in any other language, shall be conformed with; the present treaty having, nevertheless, the same force and virtue as if the aforesaid practice had been therein observed. In witness whereof, we, the underwritten plenipotentiaries of his Britannic majesty, of the French republic, of his Catholic majesty, and of the Batavian republic, have signed the present Separate Article, and have caused our respective seals to be affixed thereto. Done at Amiens the 27th day of March, 1802, the sixth Germinal, year Ten of the French Republic. CORNWALLIS. (L. S.) JOSEPH BUONAPARTE. (L. S.) J. NICOLAS DE AZARA. (L. S.) (L. S.) R. J. SCHIMMELPENNINCK. the said Treaty do lie on the table, to be Lord Hawkesbury, on moving "That perused by the members of the House," said, it was the wish of ministers to adhere to the usage observed on former occasions of this kind, and as there was no instance where any proceeding | had been instituted respecting a defiuitive treaty, after a preliminary treaty, which had received the approbation of the House, it was not their intention to propose that any such proceeding should now take place. He was aware, however, that it was competent to every member to bring the subject under the consideration of the House, on the ground of a specific objection to any part of it, of its being inconsistent with the preliminaries, or of any change of circumstances which might have taken place from the time that these preliminaries were agreed upon, and to submit a regular motion for that purpose. There was, he believed, an intention to submit such a motion to the consideration of the House, and he assured the House, his majesty's ministers were ready to meet it, to explain the whole, or any part of their conduct, and to state fully, fairly, and explicitly, the reasons which induced them to advise his majesty to conclude the definitive treaty.-Mr. Windham said, he would, on Monday, shortly state the reasous which would induce him to move, that the definitive treaty be taken into consideration on a future day.-Lord Grenville gave a similar notice in the House of Peers. Debate on Mr. Windham's Motion for appointing a day to consider the Definitive Treaty of Peace.] May 3. Mr. Windkam said:—Sir, I do not rise to solicit the House to come now to any final decision upon the merits of the definitive treaty of peace, but simply to move a day for taking it into consideration. His majesty's ministers think that no discussion is necessary, the preliminaries having met with the approbation of the House, and they have declined to introduce any motion respecting it. Whether this be an invariable custom, or one that would be "more honoured in the breach than the observance," I shall not stay to inquire. If there be precedents that do not render any such proceeding necessary, they must be founded upon the presumption that, by its approbation of the preliminary treaty, the House has sanctioned the definitive. Now, I think that it is quite the contrary in the present case. I think that the question is completely open, and that there may be perfectly good grounds for giving a different, judgment upon the definitive treaty, from that which the preliminaries have received. At the same time, how ever, that ministers have declared that they see no necessity for farther discussion, they have also expressed a wish, that, if any such be to take place, it may be a full and complete, not a partial discussion. If by this they mean that the subject should be taken up upon all its grounds, and with a full view of the subject in all its points, bearings, and relations, in that wish I heartily concur. If, on the contrary, by deprecating a partial discussion, it be meant that the whole discussion should take place on the same day; if it be meant to croud all the points of this comprehensive business into a single sitting, and without full information to assist the judgment in its inquiry into the merits of each, I cannot agree; because it cannot be done with justice to a question of so great magnitude. In the circumstances under which I now present myself, I am, mutatis mutandis, like a counsel in an opening speech, in which I am to touch on a variety of papers and matters, the complete knowledge of which can only be disclosed in the proofs produced in the progress of the trial: but whether ministers will give all these accounts and papers is what will make all the difference pos sible in the final discussion. This is a subject upon which I have already expressed my sentiments; and sorry should I be to have it supposed, that, if we were met to pass a final judgment upon it, I should touch so slightly as I mean now to do upon many points of moment, and express so feebly the deep anxiety and apprehensions which I entertain of the treaty, as of the grave digging for our greatness, and an abyss opening at our feet to swallow us up. The best order in which to consider this subject, will, I think, be under the four following heads: I shall first take the circumstances which did exist, but were not known in this country, previous to the preliminaries. Secondly, those points which took place in the interval between the preliminaries and the definitive treaty. Thirdly, the variation of certain points in the definitive from their state in the preliminaries; and, fourthly, those points in the definitive which do not exist in any shape in the preliminaries, yet may not be considered as a departure from them. As to the first class, namely, the circumstances which did exist, but were not known, before the preliminaries, there are three principal ones: 1, the cession of the isle of Elba; 2, the limit of French Guiana; and, 3, the cession of Louisiana. The cession of the isle of Elba has been already mensioned; and when the necessary papers thall be laid before the House, it will be she proper time to enter into it fully. I shall now touch on the manner of the cession only, leaving it to the House to judge the value of the acquisition to the French as an excellent station, an important harbour, and an impregnable fortress. The argument by which our assent is sought to be obtained for this advantage given to the French is, the immensity of objects of equal if not greater value, which destroys its single importance; that is, we are told, why continue the war for the sake of the isle of Elba, when so many points of greater value have been surrendered? Without dwelling then on its value, I shall consider the manner, which is, in my mind, more important than the thing itself. There is in it such tricking, such chicanery, as requires constant explanation; and the more it is examined, the more odious is the light in which it appears. The House will recollect that, by the treaty of Luneville, by which a transfer was made of the duchy of Tuscany, it was expressly stipulated that Porto Ferrajo should remain as it was before, attached to the dukedom of Tuscany. Now, what do the French? they have recourse to that sort of calculation by which an algebraist would proceed to exterminate a quantity that he wished to to get rid of; they transfer it to another person, they leave it with the duke of Tuscany; but, as if they were playing a game of chess, they remove the duke and put a king in his place. They take a king of the house of Spain, and having placed him in the duke's stead, they negotiate with the court of Spain, that it shall not remain with Tuscany, but be transferred to France. This was not known at the time when the preliminaries were signed. It comes out then, that the real state of Porto Ferrajo was artfully concealed; that, instead of being a station in the hands of the duke of Tuscany, or against the French, it was to be transferred to France, to facilitate her attack upon Naples, or any other ally that we might have in that quarter in a future war. Surely nobody will say that these circumstances, if the thing stood single, are not such as put the case upon a new footing, and leave it a res integra open to discussion. -Now, Sir, passing over this, we proceed to the next point, which is much the same in manner, but greater in magnitude : I mean the boundary assigned to French Guiana. I shall consider it as the former, not so much with regard to its importance, as to the consequences attending it, which I contend were a gross breach of good faith. When the preliminaries were signed, we were given to understand by them, that the dominions of Portugal were to be maintained in their integrity. Therefore, when the treaty of Madrid came out, which violated them, there was a general outcry and alarm. We were told, that it would be given up. As for myself, I could not understand that the French would have made this excursion into the Portuguese territory, purely for the purpose of giving it up again. It seems, however, they did so, as his majesty's minis. ters take credit for making them give it up and take another. A few leagues of wilderness, in one place or another, are no great object. The question is, the command which it gives them of the Mississippi, and that they have as much by the one as by the other. Either boundary is equally a breach of faith; they should have gone to the treaty of Utrecht; for, to impose a new boundary upon us is equally a fraud as if they had retained the former. As to the treaty of Badajos, which has been referred to on this subject, there is no such paper before the House, and therefore I leave it out of my consideration. What I complain of is the fraudulent exchange. It has been said of a peace that it was only a change of war; the French mode of plain dealing may be perhaps a substitution of one fraud for another. The next point in this rising climax of frauds is the cession of Louisiana. By this acquisition the French are established in a space as unbounded as the view it opens, whether North or South. What a present have we made in it to the Americans! We have placed a serpent at their feet, by which they will be ultimately devoured. We have put them in that state in which they must become willing slaves under the dominion of France. We all know something of human nature. We know that men detest the instrument less than the cause, and turn their resentment upon those whom they can make to feel it most. They will not of course hesitate between us and the French, and thus we shall eventually forfeit the friendship of America by the aggrandizement of the French in that quarter. As to the wealth which this establishment opens to them, it has no |