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into the contract, the change, fo made, may be confidered as operating virtu. ally as a breach of the Treaty itself, and as giving the party aggrieved a right to demand fatisfaction or compenfition for any fubftantial difference which fuch acts may have effected in their relative fituations; but whatever may be the principle on which the Treaty is to be confidered as founded, there is indifputably a gene al Law of Nations, which, though liable to be limited, explained, or reltrained, by Conventional Law, is antecedent to it, and is that law, or rule of conduct, to which all sovereigns and States have been accustomed to appeal, where Conventional Law is admitted to have been filent. The Treaty of Amiens, and every other Treaty, in providing for the objects to which it is particularly di ected, does not therefore affume or imply an indifference to all other objects which are not fpecified in its ftipulations, much leis does it adjudge them to be of a nature to be left to the will and caprice of the violent and the powerful. The justice of the caule is alone a fufficient ground to warrant the interpofition of any of the Powers of Europe in the differences which may arife between other States; and the application and extent of that just interpofition is to be determined folely by confiderations of prudence. Thefe principles can admit of no difpute; but it the new and extraordinary pretenfion advanced by the French Government, to exclude his Majefty from any right to interfere with refpect to the concerns of other Powers, unless they made a fpecific part of the ftipulations of the Treaty of Amiens. was that which it was poffible to maintain, thole Powers would have a right, at least, to claim the benefit of this principle, in every cale of difference between the two countries. The indignation of all Europe muft furely, then, be excited by the declarations of the French Government, that, in the event of hoftilities, thefe very Powers, who

were

no parties to the Treaty of Amiens, and who were not allowed to derive any advantage from the remon ftrances of his Majelty in their behalf, are nevertheless to be made the victims of a war which is aliedged to rife out of the fame Treaty, and are to be facrificed in a contest which they not only have not occationed, but which they

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have had no means whatever of prevening.

Hs Majefty judged it most expedient, under the circumstances which then affected Europe, to ab tain from a recurrence to hostilities on account of the views of ambition and acts of aggreflion manifested by France on the Continent; yet an experience of the character and difpofitions of the French Government could not fail to imprefs his Majefty with a fenfe of the neceflity of increated vigilance in guarding the Rights and Dignity of his Crown, and in protecting the Inte reits of his People. Whilft his Majefty was actuated by these fentiments, be was called upon by the French Government to evacuate the Illard of Malta. His Majesty had manifeited, from the moment of the fignature of the Definitive Treaty, an anxious dif polition to carry into full effect the ftipulations of the Treaty of Amiens relative to that Iland. As foon as he was informed that an election of a Grand Mifter had taken place, under the aufpices of the Emperor of Ruffa, and that it had been agreed by the diffe ent Priories affembled at St. Peterburgh, to acknowledge the perfon whom the Court of Rome thud felect out of thofe who had been named by them to be Grand Master of the Order of St. John, his Majesty propofed to the French Government, for the purpose of avoiding any difficulties which might arife in the execution of the arrangement, to acknowledge that election to be valid: and when, in the month of Auguit, the French Government applied to his Majefty to permit the Neapolitan troops to be fent to the Iland of Malta, as a preliminary mea fure for preventing any unneceliary delay, his Majesty contented, without helitation, to this propofal, and gave directions for the admiffion of the Neapolitan troops into the Iland. His Majefty had thus fhewn his difpofitica not only to throw no obitacle in the way of the execution of the Treaty, but, on the contrary, to facilitate the execution of it by every means in his power. His Majefty cannot, however, admit, that at any period fince the conclufion of the Treaty of Amiens, the French Government have had a right to call upon him, in conformity to the ftipulations of that Treaty, to withdraw his forces from the Iind of

Malta.

Malta. At the time when this demand was made by the French Government, feveral of the most important ftipulations of the arrangement refpecting Malta remained unexecuted. The election of a Grand Malter had not been carried into effect. The 10th Article had ftipulated that the Independence of the Ifland fhould be placed under the guarantee and protection of Great Britain, France, Auftria, Ruffia, Spain, and Pruffia. The Emperor of Germany had acceded to the guarantee, but only on condition of a like acceffion on the part of the other Powers 1pecified in the Article. The Emperor of Ruffia had refufed his acceffion, except on the condition that the Maltese langue fhould be abrogated; and the King of Pruffia had given no answer whatever to the application which had been made to him to accede to the arrangement. But the fundamental principle, upon the existence of which depended the execution of the other parts of the Article, had been defeated by the changes which had taken place in the conftitution of the Order fince the conclufion of the Treaty of Peace. It was to the Order of St. John of Jerufalem that his Majefty was, by the firit ftipulation of the 10th Article, bound to reitore the Inland of Malta. The Order is defined to confift of thofe Jangues which were in existence at the time of the conclufion of the Treaty: the three French langues having been abolished, and a Maltefe langue added to the inftitution. The order confifted, therefore, at that time, of the following langues, viz. the langues of Arragon, Caftile, Germany, Bavaria, and Ruffia. Since the conclufion of the Definitive Treaty, the langues of Arragon and Caftile have been feparated from the Order by Spain, a part of the Italian langue has been abolished by the annexation of Piedmont and Parma to France. There is strong reafon to believe that it has been in contemplation to fequeftrate the property of the Bavarian langue; and the intention has been avowed of keeping the Ruffian langues within the dominions of the Emperor.

Under thefe circumstances, the Order of St. John cannot now be confidered as that body to which, according to the ftipulations of the Treaty, the Inland was to be reftored; and the funds indifpenfably neceffary for its fupport, and for the maintenance of the independence of the Island, have been nearly, if not wholly, fequeltered. Even if this had arifen from

VOL. XLIII. MAY 1803.

circumftances which it was not in the power of any of the contracting parties to the Treaty to controul, his Majefty would nevertheless have had a right to defer the evacuation of the Island by his forces, until fuch time as an equivalent arrangement had been concluded for the prefervation of the independence of the Order and of the Island. But if these changes have taken place in confequence of any acts of the other parties to the Treaty; if the French Government shall appear to have proceeded upon a fyftem of rendering the Order, whofe independ ence they had ftipulated, incapable of maintaining that independence, his Ma. jetty's right to continue in the occupation of the Illand, under fuch circumftances, will hardly be contetted. It is indif putable that the revenues of the two Spanish langues have been withdrawn from the Order by his Catholic Majefty: a part of the Italian langue has, in fact, been abolished by France, through the unjuft annexation of Piedmont and Parma, and Placentia, to the French territory. The Elector of Bavaria has been inftigated by the French Government to fequeftrate the property of the Order within his territories; and it is certain, that they have not only fanctioned, but encouraged, the idea, of the propriety of feparating the Ruffian langues from the remainder of the Order.

As the conduct of the Governments of France and Spain have, therefore, in fome instances directly, and in others indirectly, contributed to the changes which have taken place in the Order, and thus destroyed its means of supporting its independence, it is to thofe Governments, and not to his Majesty, that the non-execution of the 10th Article of the Treaty of Amiens must be afcribed. Such would be the just conclufion, if the 10th Article of that Treaty were confidered as an arrangement by itself. It must be observed, however, that this article forms a part only of a Treaty of Peace, the whole of which is connected together, and the ftipulations of which mult, upon a principle common to all Treaties, be conftrued as having a re

ference to each other.

His Majesty was induced by the Treaty of Peace to content to abandon, and to reftore to the Order of St. John, the Island of Malta, on condition of its independence and neutrality. But a further condition, which muft neceffarily be fuppofed to have confiderable infence with

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his

his Majestly, in inducing him to make fo important a conceflion was the acquiefcence of the French Government, in an arrangement for the fecurity of the Levant, by the eighth and ninth articles in the Treaty ftipulating the integrity of the Turkish Empire, and the Independence of the Ionian Islands. His Majefty has, however, fince learnt, that the French Government have entertained views hoftile to both thefe objects; and that they even fuggefted the idea of a partition of the Turkish Empire. Thefe views muft now be manifelt to all the world, from the official publication of the report of Colonel Sebastiani; from the conduct of that Officer, and of the other French Agents in Egypt, Syria, and the Ionian Ilands, and from the distinct admiflion of the First Conful himfelf, in his communication with Lord Whitworth. His Majelty was, therefore, warranted in confidering it to be the determination of the French Government to violate thofe articles of the Treaty of Peace, which ftipulated for the integrity and independence of the Turkish Empire and of the Ionian Islands, and confequently he would not have been justified in evacuating the Ifland of Malta, without receiving feme other fecurity, which might equally pro vide for thefe important objects. His Majesty accordingly feels that he has an inconteftible claim, in confequence of the conduct of France fince the Treaty of Peace, and with reference to the objects which made part of the ftipulations of that Treaty, to refufe, under the prefent circumitances, to relinquith the poflefiion of the Iiland of Malta. Yet, notwithtanding this right, fo clear and to unquestionable, the alternative presented by the French Government to his Majetty, in language the most peremptory and meBacing, was the evacuation of Malta, or the renewal of War.

If the views of ambition and aggrandizement, which have thus been maniteted by the French Government fince the conclusion of the Treaty of Peace, have in fo very particular a manner attracted the attention of his Majetty, it has been equally impoffible for him not to feel, and not to notice, the repeated indignities which have been offered by that Government to his Crown, and to his People.

The Report of Colonel Sebaftiani contains the mot unwarrantable infinuations and charges again his Majelly's Government, againit the Officer who commanded his forces in Egypt, and again!t the Britif any in that quarter. This

paper cannot be confidered as the publi cation of a private individual; it has been avowed, and indeed bears evidence upon the face of it, that it is the official Report of an accredited Agent, published by the authority of the Government to which it was addreffed, who thereby have given it their exprefs fan&tion. This Report had been published a very short time, when another indignity was offered to this country in the communication of the First Conful of France to the Legil lative Bedy. In this communication he prefumes to affirm, in the character of Chief Magiftrate of that country, "That Great Britain cannot fingly contend against the power of France," an affertion as unfounded as it is indecent, difproved by the events of many Wars, and by none more than by thofe of the War which has been recently concluded. Such an affertion, advanced in the moft folemn official act of a Government, and thereby meant to be avowed to all the powers of Europe, can be confidered in no other light than as a defiance publicly offered to his Majefty, and to a brave and powerful People, who are both willing and able to defend his just rights, and thofe of their country, againit every infult and aggreffion.

The conduct of the Firit Conful to his Majefty's Ambaffador at his audience, in pretence of the Ministers of moft of the Sovereigns and States of Europe, furnifhes another inftance of provocation on the part of the French Government, which it would be improper not to notice on the prefent occafion; and the subiequent explanation of this tranfaction may be confidered as having the effect of aggravating, instead of palliating the affront. At the very time when his Majefty was demanding fatisfaction and explanation on fome of the points above mentioned, the French Minister at Hamburgh endeavoured to obtain the infertion, in a Hamburgh Paper, of a molt grols and approbrious libel agaift his Majesty; and when difficulties were made relpecting the infertion of it, he availed himteif of his official character of Minister of the French Republic, to require the publi cation of it, by order of his Government, in the Gazette of the Senate of that town. With this requifition fo made, the Senate of Hamburgh were induced to comply; and thus has the independence of that town been violated, and a free State made the intrument, by the menace of the French Government, of propagating throughout Europe, upon their authority, the mott offentive and unfounded calum

ment.

nies against his Majefty and his GovernHis Majefty might add to this lift of indignities, the requifition which the French Government have repreatedly urged, that the laws and conftitution of his country fhould be changed relative to the Liberty of the Prefs. His Majefty might likewife add, the calls which the French Government have, on feveral occafions, made upon him to violate the Laws of Hofpitality, with refpe&t to perfons who had found an afylum within his dominions, and against whofe conduct no charge whatever has at any time been fubftantiated. It is impoffible to reflect on these different proceedings, and the courfe which the French Government have thought proper to adopt refpe&ting them, without the thorough conviction that they are not the effect of accident; but that they form a part of a Syftem, which has been adopted for the purpofe of degrading, vilifying, and infulting his Majefty and his Government.

Under all thefe infults and provocations, his Majelly, not without a due fenfe of his dignity, has proceeded with every degree of temper and moderation to ob. tain fatisfaction and redrefs, while he has neglected no means confiftent with his honour and the fafety of his dominions, to induce the Government of France to con

cede to him, what is, in his judgment, abfolutely neceffary for the future tran quillity of Europe. Ilis efforts in this refpect have proved abortive, and he has therefore judged it neceflary to order his Ambaflador to leave Paris. In having recourfe to this proceeding, it has been his Majefty's object to put an end to the fruitlets difcuffions which have too long fubfitted between the two Governments, and to clofe a period of fufpence peculiarly injurious to the fubjects of his Majesty.

But though the provications which his Majefty has received, might entitle him to larger claims than thote which he has advanced, yet anxious to prevent calamities which might thus be extended to every part of Europe, he is ftill willing, as far as is confiftent with his own honour, and the interefts of his people, to afford every facility to any juft and ho. nourable, arrangement, by which fuch evils may be averted. He has, therefore, no difficulty in declaring to all Europe, that notwithstanding all the changes which have taken place fince the Treaty of Peace, notwithstanding the extention of the power of France, in repugnance to that treaty, and to the spirit of peace it

felf, his Majefty will not avail himself of thefe circumstances, to demand in compenfation all that he is entitled to require, but will be ready to concur, even now, in an arrangement by which fatisfaction fhall be given to him, for the indignities which have been offered to his Crown and to his People, and fubftantial fecurity afforded against further encroachments on the part of France.

His Majefty has thus diftinctly and unrefervedly ftated the reafons of thofe proceedings to which he has found himself compelled to refort. He is actuated by no difpofition to interfere in the internal concerns of any other State; by no projects of conqueft and aggrandizement; but folely by a fenfe of what is due to the honour of his Crown, and the interefts of his People, and by an anxious defire to obftruct the further progrefs of a fyttem, which if not refifted, may prove fatal to every part of the civilized world.

The publication of the CORRESPONDENCE BETWEEN THE BRITISH AND FRENCH GOVERN

MENTS is much too voluminous for infertion in our Magazine; but we may obferve, that it abounds with the strongest proofs of the perfidy, ambition, rancour, and infolence of the Firit Conful. The principal topics which the Papers embrace are, Bonaparte's uniform infraction of the fpirit of the Treaty of Amiens, and his conftant appeal to its letter-the com pulfion exercifed over the Public Journals in the free city of Hamburgh, and the infult upon this Government, which a friendly and neutral State was forced to publifh-the attempt to overthrow our Conftitution and change our laws at the bidding of Bonaparte, and the attack upon the true Palladium of Liberty, the Prefs the pretenfion of excluding us from the Continent of Europe-the Voyage of the incendiary Spy and Commercial Agent Sebaftiani-the infamous attempt to fend agents of the fame infernal character into our own fta-ports--the oppreffions of Switzerland-the violation of the Treaty of Luneville-the breach of faith--the injuftice of burthening Holland with troops, contributions, and an uninterrupted fyitem of vexation and oppreffion.

His MAJESTY'S DECLARATION notices in a moderate, yet firm and dignified Ityle, all thefe fubjects of complaint; but we think it our duty to ftate, (recorded as it is by the British Ambaffador), the language of Bonaparte himmelf. Lord

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Whitworth

Whitworth in his letter of the 21st of February, to Lord Hawkefbury, fays :

I received a Note from M. Talleyrand, informing me the First Conful defired to converfe with me, and that I would come to him at the Thuilleries at nine o'clock. He received me in his Cabinet with tolerable cordiality, and, after talking on different fubjects for a few minutes, he defired me to fit down, as he himself did on the other fide of the table, and began. He told me that he felt it necessary, after what had paffed between me and M. de Talleyrand, that he should, in the most clear and authentic manner, make known his fentiments to me, in order to their being communicated to his Majefty; and he conceived this would be more effectually done by himself, than through any medium whatever. He faid, that it was a matter of infinite difappointment to him, that the Treaty of Amiens, instead of being followed by conciliation and friendship, the natural effects of Peace, had been productive only of continual and increafing jealoufy and mistrust; and that this miftruit was now avowed in fuch a manner as must bring the point to an illue. He now enumerated the feveral provocations which he pretended to have received from England. He placed in the first line our not evacuating Malta and Alexandria as we were bound to do by Treaty. In this he faid that no confideration on earth fhould make him acquiefce; and of the two he had rather fee us in poffeffion of the Fauxbourg St. Antoine than Malta. He then adverted to the abufe thrown out against him in the English public Prints; but this he faid he did not fo much regard as that which appeared in the French Papers published in London. This he contidered as much more milchievous, fince it meant to excite this country against him and his Government. He complained of the protection given to Georges and others of his defcription, who instead of being fent to Canada, as had been repeatedly promifed, were permitted to remain in England, hand fomely penfioned, and conitantly committing all forts of crimes on the coafts of France, as well as in the interior. In confirmation of this, he told me, that two men had within thefe few days been apprehended in Normandy, and were now on their way to Paris, who were hired affaflins, and employed by the Bishop of Arras, by Georges, and by Dutheil, as would be fully proved in a Court of Justice, and made known to the world.

He acknowledged, that the irritation he felt against England increated daily, because every wind (I make ufe as much as I can of his own ideas and expreffions) which blew from England, brought nothing but enmity and hatred against him.

He now went back to Egypt, and told me, that if he had felt the smalleft inclination to take poffeffion of it by force, be might have done it a month ago, by fending 25,000 men to Aboukir, who would have poffeffed themfelves of the whole Country in defiance of the 4000 Briti in Alexandria. That instead of that garrifon being a means of protecting Egypt, it was only furnishing him with pretence for invading it. This be should not do, whatever might be his defire to have it as a colony, because he did not think it worth the risk of a war, in which he might, perhaps, be confidered as the aggreffor, and by which he should lose more than he could gain, fince fooner or later Egypt would belong to France, either by the falling to pieces of the Turkish empire, or by fome arrangement with the Porte.

As a proof of his defire to maintain peace, he wished to know what he had to gain by going to war with England. A defcent was the only means of offence he had, and that he was determined to attempt, by putting himself at the head of the expedition. But how could it be fuppofed, that after having gained the height on which he ftood, he would risk his life and reputation in fuch a hazardous at tempt, unless forced to it by neceflity, when the chances were, that he and the greatest part of the expedition would go to the bottom of the fea? He talked much on this fubject, but never affected to diminis the danger. He acknowledged that there were one hundred chances to one against him; but still he was determined to attempt it, if war fhould be the confequence of the prefent difcuffion; and fuch was the difpofition of the troops, that army after army should be found for the enterprize.

He then expatiated much on the natural force of the two countries. France with an army of four hundred and eighty thousand men, for to this amount, it is, he faid, to be immediately completed, all ready for the most defperate enterprizes; and England with a fleet that made her miftrefs of the Seas, and which he did nor think he fhould be able to equal in lefs

than ten years. Two fuch countries by a proper understanding might govern the world, but by their trifes might overturn it. He faid, that if he had not felt the enmity of the British Government on

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