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ufages and laws of war, were of opinion that, on the one hand, the further execution of it was derogatory both to the interests and to the dignity of the republic; and, on the other, that neither the good faith the government wishes to manifeft on every occafion, nor the peculiar folicitude it owes to its fellow-citizens, did in any manner call upon it to continue to obferve this arrangement.

Indeed, Sir, you have yourself declared, in your letter of the 6th October 1797, that one of the motives which led you to wifh for this arrangement, was, the difficulty of judging whether the complaints of the prifoners were well or ill founded; that fome of thefe complaints were dictated by paffion, by prejudice, or animofity, whilft others arofe folely from the difference in their mode of living; and in the fame letter you acknowledged that the belligerent powers, in preceding wars, when the account of expenfes incurred for their respective prifoners came to be adjusted, admitted only the fums advanced for their clothing.

The principal motives alleged by you, Sir, were, therefore, the neceffity of putting an end to the complaints of the prifoners, and the benefit they would derive from being fubfifted and treated in a manner conformable to their former habits.

Thefe motives were undoubtedly fufficient in fupport of your propofal; and although you added, that war, in giving to the captors an inconteftable right over the difcipline and the police of their prifoners, does not, however, impofe upon them the obligation of providing for their wants, you could certainly mean to allude to their fecondary wants only; and, in proof of this, the English government, as you have already declared, always underftood that it must have provided what was abfolutely neceffary for the fubfiftence of the French prifoners, even on the fuppofition that none of the demands contained in your letter had been acceded to. The refpect paid by all civilized nations to the immutable laws of humanity, and the empire of those laws over the English nation, will not allow me to give any other construction to your statement.

The refult of this explanation, Sir, is, that the mode adopted, fince November 1797, for the fubfiftence and treatment of prifoners of war, had chiefly in view to ameliorate their condition; the Confuls of the republic, in declining to observe this mode any longer, for the reafons before stated, are nevertheless determined to neglect no means in order to ensure the fame effect.

They have, in confequence, ordered me to affure you, that, from the 1ft of Nivofe next, when all remittances of money from England to France, and from France to England, for the subsistence and treatment of prifoners of war, are to ceafe, your countrymen in France fhall be treated, whether in health or fick nefs, with

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every attention due to their rank and fituation; and that, with: view to their food being better adapted to their mode of living in their own country, they fhall receive, both afhore, and in ever other place of detention, the ration fixed by the 4th article of th cartel of exchange.

As this order of things will place France and England, with regard to the prifoners made by each of the two powers, on th footing on which they flood previous to the 25th of Novembe 1797, the Confuls of the French republic defire, that the Eng lith commiffary at Paris, and the French commiffary at London may not interfere, after the 1ft Nivofe next, in any details rela tive to the prifoners of war, except in the cafes fpecified in th 3d article of the cartel of the 13th September 1798.

They have particularly directed me to affure you, that the fai cartel fhall be executed with that ftrict attention to good faith which will characterize all the acts of the French Confuls; an that, if they have felt it their duty, under the prefent circum ftances, to re-establish the former fyftem of management with refpect to prifoners, of war, they, at the fame time, underftand that the two belligerent powers may, on the return of a genera peace, bring forward fuch claims for compenfation, as may ther be deemed neceflary.

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No. 6.

London, 18th December 1799, correfponding to the 27th Frimaire, 8th Year of the French Republic.

Niou, Commiffary of the French Government in England, to Mr. Dundas, Secretary of State, and one of the principal Minifters of his Britannic Majesty.

Sir,

A SEVERE illnefs having confined me to my bed for almoft the last eight days, I was unable to attend to the difpatch of the letter I had the honour of writing you on the 24th Frimaire (15th December); in confequence of which, by fome omiffion in my office, an attefted copy of the arrêté of the Confuls of the French republic relative to the fubfiftence of the prisoners of war detained in the two countries, was not enclosed.

Having this moment only been informed of the omiffion, I haften to repair it by tranfmitting the paper in queftion; a copy of which was officially fent to the Commiffioners of the Transport Office laft Sunday.

(One Enclosure.)

I have the honour to be, &c.
(Signed)

Νιου.
No.

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Extract from the Regifler of the Deliberations of the Confuls of the

Republic.

Paris, Frimaire, 8th Year of the Republic,

one and indivifible (29th November 1799).

THE Confuls of the republic decree,

Article I. The cartel figned the 13th September 1798 fhall be faithfully executed.

II. The English prifoners of war in France fhall be treated in conformity to the regulations established by the 4th article of the faid cartel.

III. The French commiffary at London, and the English commiffary at Paris, are not to interfere in any details relative to the prifoners of war, except in the cafes fpecified in the 3d article. of the faid cartel.

IV. All remittances of money, whether from England to France, or from France to England, deftined for any other purpofe than that provided by the 3d article, fhall remain fufpended from the 1ft Nivofe (21ft December 1799), and the adjustment of fuch compenfations as may be deemed reasonable, fhall be reserved until the return of general peace.

V. The commiffary of the French government at London fhall be furnished with inftructions in conformity to the prefent arrêté.

(A true Copy.)

(A true Copy.)

The Confuls of the Republic,

(Signed) SIEYES.

The Secretary-general,

BONAPARTE.

ROGER DU Cos.

(Signed) HUGUES B. MARET.

The Commiffary of the French Government in England,

(Signed) 1. Νιου.

CARCENAC, Secretary.

By the Commiffary of the French Government.

(Signed)

No direct answer was given to M. Niou's letters; the intentions of Government, as ftated in the Duke of Portland's letter, having been conveyed to him through the Commiffioners of the Tranf port Service, by whom he was, at the fame time, informed that no official communication from him refpecting prifoners could be received through any other channel.

No.

'No. 8.

Sir, Tranfport Office, 20th December 1999. BY direction of the Right Honourable the Lords Commiffion ers of the Admiralty, we fend you the enclofed copy of a letter, dated the 15th inftant, which their Lordships had received from his Grace the Duke of Portland, in the abfence of Mr. Secre tary Dundas, on the fubject of the communication made by the French government to Captain Cotes, at Paris, respecting the future maintenance of the English and French prifoners of war now detained in the refpective countries.

M. Niou.

Sir,

We are, &c.
(Signed)

No. 9.

RUPERT GEORGE.
JOHN SCHANK.
W. A. OTWAY.

Tranfport Office, 21st March 1800.

IT having been represented to us that the French prisoners of war confined at Norman Crofs are in great want of clothing, we feel it our duty to acquaint you therewith, in order that you may take fuch measures as you may judge proper, for caufing them to be fupplied with fuch articles as are neceffary.

M. Otta.

We are, &c.
(Signed)

RUPERT GEORGE.
AMBROSE SERLE.
W. A. OTWAY.

No. 10.

Sir,

Tranfport Office, 22d April 1800. HAVING directed Captain Woodriff, the fuperintendent at Norman Crofs prifon, to report to us on the fubject of fome complaints made by the prifoners confined at that place, he has informed us of a moft pernicious practice among the prifoners, which he has ufed every poffible means to prevent, but without fuccefs:-Some of the men, whom he stated to have been long confined without receiving any fupplies from their friends, have only the prifon allowance to fubfift on, and this allowance he confiders fufficient to nourish and keep them in health, if they received it daily; but he states this is not the cafe, although the full ration is regularly ferved by the fteward to each mess of twelve men. There are in those prifons, he observes, fome men, if they deferve that name, who poffefs money, with which they purchase at the daily market whatever is allowed to enter, and with thofe articles they purchase of fome unfortunate and unthinking fellow-prifoner, his ration of bread for feveral days together, and frequently both bread and beef for a month, which he,

the merchant, feizes upon daily, and fells it out again to fome other unfortunate being on the fame ufurious terms, allowing the former one halfpenny worth of potatoes daily to, keep him alive: not contented with this more than favage barbarity, he purchases next his clothes and bedding, and fees the miferable man lie naked on the plank, unless he will confent to allow him one. halfpenny a night to lie in his own hammock, and which he makes him pay by a further deprivation of his ration, when his original debt is paid. Thus, Captain Woodriff adds, it will be found that the origin of the diftrefs fo much complained of by the prifoners is entirely among themfelves, for it is daily detected by him, and punished as rigorously as poffible, but without the defired effect. In confequence of this reprefentation, we have now directed Captain Woodriff to keep a lift of every man of the description of merchants above mentioned, in order that they may be put at the end of the lift of exchange, and we have no doubt but you will approve of the measure, and inform the prifoners of your determination to punish accordingly all fuch as fhall be guilty of a traffic fo injurious to their fellow-creatures.

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No. 11.

Sir, Tranfport Office, 20th May 1800. THE Commiffioners for fick and wounded Seamen having tranfmitted to us an extract of a letter which they have received from Mr. Griffin, their furgeon, at Forton, ftating that feveral prisoners have been received into that hofpital in a state of great debility, owing to their having difpofed of their ration of provifions for a week, a fortnight, and, in fome inftances, for a month, at one time; we have felt it our duty to direct that such perfons as may be difcovered to have been concerned in purchafing any articles of provifions, clothing, or bedding, of another prifoner, fhould be confined in the black hole, and kept on fhort allowance for ten days; and alfo fhould be marked as having forfeited their turn of exchange.

We are confident that you will agree with us as to the expediency of taking fome ftrong measures to prevent fo pernicious a traffic as that above mentioned, and that you will fecond our endeavours for that purpofe.

M. Otto.

VOL. XI...

We are, &c.

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