majefty were to wave the right given to him by the exprefs ftipulations of the treaty of Utrecht, of oppofing the ceffion of the Spaith part of St. Domingo to France, his majetty would then demand, in return for this conceffion, a compenfation, which might fecure, at leatt in fome degree, the maintenance of the balance of the repective poffeffions in that part of the world V. In all the cafes of ceffions or reftitutions which may come in question in the courfe of this negotiation, there fhould be granted on each fide to all individuals the moft unlimited right to withdraw with their families and their pro.perty, and to fell their land and other moveable poffeffions; and adequate arrangements fhould be alio inade, in the courfe of this negotiation, for the removal of all fequeftrations, and for the fatisfaction of the jutt claims, which individuals on either fide may have to make upon the respective go vernments. MALMESBURY. (Signed) No. 29. Confidential Memorial on the Peace with Spain and Holland. THE allies of France not having hitherto expreffed any defire or difpotition to treat with the king, his majefty might have forborne to enter into any detail on their account; but in order to avoid any delays prejudicial to the great obwhich the king has in view, ad to accelerate the work of a gepeace, his majefty will not to explain himfelf in the tance on the points which a those powers. If then the Ccking thould defire to be hended in this negotiation, or to be allowed to accede to the definitive treaty, this would meet with no obftacle on the part of his majety. Nothing having hitherto been conquered by either of the two fovereigns from the other, no other point could, at the prefent moment, come into quetion but that of the re-cftablifhinent of peace, fimply, and without any reftitution or coinpenfation whatever, except fuch as might potibly refult from th application of the principle declared at the end of the fourth article ct the memorial already delivered to the minitter for foreign affairs. But if during the negotiation, any alteration thould take place in the ftate of things in this refpect, it will then be proper to agree upon the reftitutions and compenfations to be made on each fide. With regard to the republic et the United Provinces, his Britannic majetty and his allies find themfelves too nearly interefted in the political fituation of thofe provinces to be able to confent in her favour to the re-eftablishment of the ftatus ante bellum as with respect to the territorial poffeffions, unlefs France could, on her part, reinftate them in all refpects in the fame political fituation in which they ftood before the war. If at least it were poffible to re-establith in thofe provinces, agreeably to what is believed to be the with of a great majority of the inhabitants, their ancient conftitution and form of government, his majefty might then be difpofed to relax, in their favour, from a very confiderable part of the conditions on which the prefent ftate of things obliged him to infift. But if, on the contrary, it is with the republic of Holland, in its prefent prefent fate, that their Britannic and Imperial majefties will have to treat, they will feel themfelves obliged to leek in territorial acquifitions thofe compenfations and that fecurity which fuch a ftate of things will have rendered indifpenfable to them. Reftitutions of any kind, in fayour of Holland, could in that cafe be admitted in 1o far only as they fhall be compenfated by arrangements calculated to contribute to the fecurity of the Auftrian Netherlands. The means of accomplishing this object will be found in the ceffions which France has exacted in her treaty of peace with Holland, and the poffeflion of which by that power would in any cafe be abfolutely incompatible with the fecurity of the Auftrian Netherlands in the hands of his Imperial majetty. It is on thefe principles that his Britannic majefty would be ready to treat for the re-establishment of peace with the republic of Holland in its prefent ftate.-1 he details of fuch a difcuffion muft neceffarily lead to the confideration of what would be due to the interefts and the rights of the house of Orange. No. 30. MY LORD, Paris, December 20, 1796. MR. ELLIS returned here from London on Thursday laft the 15th inflant, at five P.M. and delivered to me the dispatches No. 11 and 12, with which he was charged by your lordship. Although nothing can be clearer, more ably drawn up, or more fatisfactory than the inftructions they contain, yet as it was of the laft importance that I fhould be comVOL. XXXVIII. pletely mafter of the fubje&t before I faw the, French minifter, I delayed afking for a conference till late on Friday evening, with a view that it fhould not take place till Saturday morning. He appointed the hour of eleven A.M. on that day, and it was near one before we parted. Although what is faid by M. Delacroix befo e he has communicated with the directory cannot be confidered as officially binding, and probably may, in the event, be very different from what I fhall hear when he fpeaks to me in their name, yet as it is impoffible they fhould not nearly conjecture the nature of the o ertures I fhould make, and of courfe be prepared in fome degree for them, it is material that your lordship thould be accurately acquainted with the first impreflions they appear to make on M. Delacroix. I prefaced what I had to communicate with faying, that I now came authorized to enter with him into deliberation upon one of the most important fubjects that perhaps ever was brought into difcullion-that as it's magnitude forbade all fince, excluded all prevarication, fufpended all prejudices, and that as I had it in command to speak and act with freedom and truth, I expected that he, on his part, would confider these as the only means which could or ought to be employed if he withed to fee a negotiation, in which the happiness of millions was involved, terminate fuccefsfully. That, for greater precifion, and with a view to be clearly understood in what I was about to propose, I would give him a confidential memorial, arcompanied by an official note, both M which majefty were to wave the right given to him by the exprefs ftipulations of the treaty of Utrecht, of oppofing the ceflion of the Spa1th part of St. Domingo to France, his majetty would then demand, in return for this conceffion, a compenfation, which might feeure, at least in fome degree, the maintenance of the balance of the repective poffeffious in that part of the world V. In all the cafes of ceffions or reftitutions which may come in question in the courfe of this negotiation, there fhould be granted on each fide to all individuals the moft unlimited right to withdraw with their families and their pro.perty, and to fell their land and other moveable poffeffions; and adequate arrangements fhould be alio made, in the course of this negotiation, for the removal of all fequeftrations, and for the fatisfaction of the juft claims, which individuals on either fide may have to make upon the respective go vernments. MALMESBURY. (Signed) No. 29. Confidential Memorial on the Peace with Spain and Holland. THE allies of France not having hitherto expreffed any defire or difpofition to treat with the king, his majefty might have forborne to enter into any detail on their account; but in order to avoid any delays prejudicial to the great object which the king has in view, and to accelerate the work of a general peace, his majefty will not refufe to explain himself in the firft inftance on the points which concern those powers. If then the Catholic king thould defire to be comprehended in this negotiation, or to be allowed to accede to the definitive treaty, this would meet with no obtiacle on the part of his majedy. Nothing having hitherto been conquered by either of the two fovereigns from the other, no other point could, at the prefent moment, come into queflion but that of the re-cttablishment of peace, fimply, and without any reftitution or compenfation whiever, except such as might poffibly refult from the application of the principle declared at the end of the fourth article of the memorial already delivered to the minifter for foreign affairs. Eut if during the negotiation, any alteration thould take place in the ftate of things in this refpect, it will then be proper to agree upon the reftitutions and compenfations to be made on each fide. With regard to the republic ct the United Provinces, his Britannic majefty and his allies find themfelves too nearly interested in the political fituation of thofe provinces to be able to confent in her favour to the re-establishment of the ftatus ante bellum as with refpect to the territorial poffeffions, unless France could, on her part, reinftate them in all refpects in the fame political fituation in which they ftood before the war. If at least it were poffible to re-establith in those provinces, agreeably to what is believed to be the with of a great majority of the inhabitants, their ancient conftitution and form of government, his majefty might then be difpofed to relax, in their favour, from a very confiderable part of the conditions on which the present state of things obliged him to infift. But if, on the contrary, it is with the republic of Holland, in its prefent prefent ftate, that their Britannic and Imperial majefties will have to treat, they will feel themfelves obliged to feek in territorial acquifitions thofe compenfations and that fecurity which fuch a state of things will have rendered indifpenfable to them. Reftitutions of any kind, in favour of Holland, could in that cafe be admitted in to far only as they fhall be compenfated by arrangements calculated to contribute to the fecurity of the Auftrian Netherlands. The means of accom plishing this object will be found in the ceffions which France has exacted in her treaty of peace with Holland, and the poffeffion of which by that power would in any cafe be abfolutely incompatible with the fecurity of the Auftrian Netherlands in the hands of his Imperial majefty. It is on thefe principles that his Britaunic majefty would be ready to treat for the re-establishment of peace with the republic of Holland in its prefent ftate.-The details of fuch a difcuffion must neceffarily lead to the confideration of what would be due to the interefts and the rights of the house of Orange. No. 30. MY LORD, Paris, December 20, 1796. MR. ELLIS returned here from London on Thursday laft the 15th inflant, at five P.M. and delivered to me the dispatches No. 11 and 12, with which he was charged by your lordship. Although nothing can be clearer, more ably drawn up, or more fatisfactory than the inftructions they contain, yet as it was of the laft importance that I fhould be comVOL. XXXVIII. pletely mafter of the fubject before I faw the, French minifter, I delayed afking for a conference till late on Friday evening, with a view that it fhould not take place till Saturday morning. He appointed the hour of eleven A.M. on that day, and it was near one before we parted. Although what is faid by M. Delacroix before he has communicated with the directory cannot be confidered as officially binding, and probably may, in the event, be very different from what I fhall hear when he fpeaks to me in their name, yet as it is impoffible they fhould not nearly conjecture the nature of the o ertures I fhould make, and of courfe be prepared in fome degree for them, it is material that your lordthip thould be accurately acquainted with the first impreffions they appear to make on M. Delacroix. I prefaced what I had to communicate with faying, that I now came authorized to enter with him into deliberation upon one of the moft important fubjects that perhaps ever was brought into dif cullion-that as it's magnitude forbade all finee, excluded all prevarication, fufpended all prejudices, and that as I had it in command to speak and act with freedom and truth, I expected that he, on his part, would consider these as the only means which could or ought to be employed if he wished to fee a negotiation, in which the happinefs of millions was involved, terminate fuccefsfully. That, for greater precifion, and with a view to be clearly understood in what I was about to propofe, I would give him a confidential memorial, accompanied by an official note, both M which to the powers of Europe. He faid, the act of their conftitution, according to the manner in which it was interpreted by the best publicists, (and this phrafe is worthy remark) made it impoffible for the republic to do what we required. The Auftrian Netherlands were annexed to it; they could not be difpofed of without flinging the nation into all the confufion which must follow a convocation of the primary affemblies; and he faid, he was rather furprized that Great Britain thould bring this forward as the governing condition of the treaty, fince he thought he had, in fome of our late converfations, fully explained the nature of their conftitution to me. I replied, that every thing I had heard from him on this point was perfectly in my recollection, as it probably was in his; that though I had liftened to him with that attention I always afforded to every thing he faid, yet I had never made any fort of reply, and had neither admitted nor controverted this opinion: that although I believe which, when he had perufed them, would fpeak for themfelves. The memorial contained the conditions, on the accomplishment of which his majefty confidered the refloration of peace to depend. The note was expreffive of his majefty's readiness to enter into any explanation required by the directory on the fubject, or to receive any contreproje, refting on the fame bafis, which the directory might be difpofed to give in. That, moreover, I did not hefitate declaring to him, in conformity to the principles which I had laid down, and from which I certainly never thould depart at any period of the negotiation, that I was prepared to anfwer any questions, explain and elucidate any points, on which it was poffible to forefee that doubts or mifconceptions could arife on the confideration of these papers. And having faid thus much, I had only to remark, that I believed, in no fimilar negotiation which had ever taken place, any minifter was authorized, in the first infiance, to go fo fully into the difcuflion as II could eafily disprove this opinow was.-That I was fure neither the truth of this remark, nor the manifett conclufion to be drawn from it, would efcape M. Delacroix's obfervation. I then put the two papers int> his hands. He began by reading the note, on which of courfe he could only exprefs fatisfaction. After perufing the confidential memorial with all the attention it deferved, he, after a thort paufe, faid, that it appeared to him to be Hable to infurmountable objections; that it feemed to him to require much more than it conceded, and, in the event not to leave France in a Situation of proportional greatnefs nion from the fpirit of the French conftitution itself, yet the difcuffion of that conftitution was perfectly foreign to the object of my million;' fince, even allowing his two politions, viz. that the retrocellion of the Auftrian Netherlands was incompatible with their laws, and that we ought to have known that beforehand, yet that there exifted a droit public in Europe paramount to any doit public they may think proper to establish within their own dominions; and that if their conflitution was publicly known, the treaties exifting between his majetty and the emperor were at leaft equally public, and in thefe it was clearly |