of fuch a Description, it was natural and fair to conclude that it did not depend upon Government to prevent it. He perfifted in his Opinion, that His Majesty's Ministers might keep certain Papers in Order, as I did in affuring him, that until the First Conful could fo far mafter his Feelings as to be as indifferent to the Scurrility of the English Prints, as the English Government was to that which daily appeared in the French, this State of Irritation was irremediable. I told him however, that I would report the Substance of this Communication to your Lordship, although I could affure him that your Lordship could add nothing to the Explanation which had been given, and in fuch Detail by Mr. Merry from your Lordship.

M. Talleyrand, with great Solemnity, required of me to inform him, and this by the exprefs Order of the First Conful, what were His Majefty's Intentions with regard to the Evacuation of Malta. He again on this Occafion made great Profeffions of his fincere Defire to fet afide every Thing which could interrupt the good Understanding between the two Governments; adding, that it was absolutely neceffary that the French Government fhould know what it was meant to do, when that Claufe in the Treaty of Amiens, which ftipulates the Ceffion of Malta, fhould be fully accomplished. He faid that another Grand Mafter would now very foon be elected; that all the Powers of Europe invited fo to do, with the Exception of Ruffia, whose Difficulties it was eafy to remove, and without

whom

whom the Guaranty would be equally complete, were ready to come forward; and that confequently the Term would very foon arrive, when Great Britain could have no Pretext for keeping longer Poffeffion. I informed him that I would report his Converfation to your Lordship, and would have the Honor of communicating to himyour Lordship's Anfwer as foon as I could receive it.

I have the Honor to be, &c.

WHITWORTH.

Right Honorable Lord Hawkesbury,

&c. &c. &c.

My Lord,

No. 36.

Downing Street, February 9, 1803. N Answer to Your Excellency's Dispatch of January 27, relative to the Enquiry made of you, by the French Government, on the Subject of Malta, I can have no Difficulty in affuring you, that His Majesty has entertained a moft fincere Defire that the Treaty of Amiens might be executed in a full and complete Manner; but it has not been poffible for him to confider this Treaty as having been founded on Principles different from thofe which have been invariably applied to every other antecedent Treaty or Convention, namely, that they were negotiated with Reference to the actual State of Poffeffion of the different Parties, and of the Trea

ties or public Engagements by which they were bound at the Time of its Conclufion; and that if that State of Poffeffion, and of Engagements, was fo materially altered by the Act of either of the Parties as to affect the Nature of the Compact itself, the other Party has a Right, according to the Law of Nations, to interfere for the Purpose of obtaining. Satisfaction or Compenfation for any effential Difference which fuch Acts may have fubfequently made in their relative Situation; that if there ever was a Cafe to which this Principle might be applied with peculiar Propriety, it was that of the late Treaty of Peace; for the Negotiation was conducted on a Bafis not merely proposed by His Majefty, but specially agreed to in an official Note by the French Government, viz. that His Majefty should keep a Compensation out of His Conquefts for the important Acquifitions of Territory made by France upon the Continent. This is a fufficient Proof that the Compact was understood to have been concluded with Reference to the then exiiting State of Things; for the Meafure of His Majesty's Compensation was to be calculated with Reference to the Acquifitions of France at that Time; and if the Interference of the French Government in the general Affairs of Europe, fince that Period; if their Interpofition with refpect to Switzerland and Holland, whofe Independence was guaranteed by them at the Time of the Conclufion of the Treaty of Peace; if the Annexations which have been made to France in various Quarters, but particularly

particularly thofe in Italy, have extended the Ter ritory and increased the Power of the French Government, His Majefty would be warranted, confistently with the Spirit of the Treaty of Peace, in claiming Equivalents for thefe Acquifitions, as a Counterpoise to the Augmentation of the Power of France. His Majesty, however, anxious to prevent all Ground of Misunderstanding, and defirous of confolidating the general Peace of Europe, as far as might be in His Power, was willing to have waived the Pretenfions He might have a Right to advance of this Nature; and as the other Articles of the Definitive Treaty have been in a Course of Execution on His Part, fo He would have been ready to have carried into Effect the true Intent and Spirit of the 10th Article, the Execution of which, according to its Terms, had been rendered impracticable by Circumstances which it was not in His Majesty's Power to controul. A Communication to your Lordship would accordingly have been prepared conformably to this Disposition, if the Attention of His Majesty's Government had not been attracted by the very extraordinary Publication of the Report of Colonel Sebaftiani to the First Conful. It is impoffible for His Majefty to view this Report any other Light than as an official Publication; for without referring particularly to Explanations which have been repeatedly given upon the Subject of Publications in the Moniteur, the Article in Question, as it purports to be the Report to the

in

First Conful of an accredited Agent, as it appears to have been figned by Colonel Sebastiani himself, and as it is publifhed in the official Paper, with an official Title affixed to it, muft be confidered as authorized by the French Government. This Report contains the most unjustifiable Infinuations and Charges against the Officer who commanded His Forces in Egypt, and against the British Army in that Quarter, Infinuations and Charges wholly deftitute of Foundation, and fuch as would warrant His Majesty in demanding that Satisfaction, which, on Occafions of this Nature, independent Powers in a State of Amity have a Right to expect from each other. It disclofes, moreover, Views in the highest Degree injurious to the Interests of His Majefty's Dominions, and directly repugnant to, and utterly inconfiftent with, the Spirit and Letter of the Treaty of Peace concluded between His Majesty and the French Government; and His Majefty would feel that He was wanting in a proper Regard to the Honor of His Crown, and to the Interests of His Dominions, if He could fee with Indifference such a System developed and avowed. His Majesty cannot, therefore, regard the Conduct of the French Government on various Occafions fince the Conclufion of the Definitive Treaty, the Infinuations and Charges contained in the Report of Colonel Sebaftiani, and the Views which that Report discloses, without feeling it neceffary for him distinctly to declare, that it will be impoffible for Him to enter

into