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out a practicable and adequate one, ftill keeping in view, that the Netherlands muft not be French, or likely again to fall into the hands of France, fuch a propofal might certainly be taken into confideration,

M. Delacroix by no means encouraged me to explain myfelf more fully; he repeatedly faid, that this difficulty relative to the Netherlands was one which could not be overcome.

Just as I was taking leave of him, he begged me to explain what was meant by the words in the memoire (A) in the 4th paragraph, beginning de s'enten re mu tuellement fur les Moyens d'affarer, and ending at leurs poffeffions respectives. I told him it referred to the deftructive fyftem adopted by France in the Weft Indies, and went to exprefs a wifh, that the two Powers fhould agree on fome general and uniform fyftem of internal police in the fettlements there, which would contribute to the fecurity of thefe poffeffions to the refpective countries, and at the fame time to the happiness of every defcription of inhabitants in them.

M. Delacroix, a little hurt at my expreffion relative to the fyftem adopted by France, endeavoured to recriminate on us; but he ended by faying, that they fhould certainly be willing to concur in any ar rangement relative to the Negroes, which did not militate against the principles of 'their Constitution. Here our conference ended, and as, during the whole courfe of it, I bore in my mind the poffibility, that although this our firft might be the only favourable opportunity I should ever have of speaking on the general principles on which his Majefty was difpofed to treat, I endeavoured, by adverting more or lefs to almost every point in my inftructions, to enable M. Delacroix (if he reports faithfully) to state to the Directory what I faid in fuch a manner as to put it out of their power to inifconceive what were his Majelly's intentions, to remove all poffbility of cavil on this cafe, and to bring them to a clear and diftinét antwer, whether they would agree to open a Negocia. tion on the principle of the Status ante Bellum, or on one differing from it only in form, not in fubftance. I hope in atter pting to do this I did not, in the first instance, commit myself, or difcover more of my inftructions than it became me to do, and that in the converfation with M. Delacroix nothing efcaped me which might, at fome fubfquent period, hurt the progrefs of the Negociation. I have, I be lieve, given this conference nearly verbatim to your Lordship; and F was particularly

anxious to do this correctly and minutely, as well that you may judge on the propriety of what I faid myfelf, as that what M. Delacroix faid to me may be accurately known, and remain on record.

It muft, however, be remembered (as I obferved in the beginning of this dispatch) that he spoke from himself, as Minifter indeed, but not under the immediate inftructions of the Directory, and this confideration will take a little away from the fingularity of some of the positions he advanced.

I confefs, my Lord, from the civility of his manners, and from his apparent readiness to difcufs the fubject, the im preffion which remained on my mind on leaving him was, that the Negociation would go on, but be liable to fo many difficulties, and fome of them fo nearly infurmountable, that, knowing as I do the opinion of the Directory, I faw little profpect of its terminating fuc cefsfully. But I did not expect the conduct of the Directory would imme diately be fuch as to evince a manifelt inclination, and even determina tion, to break off on the first propofals; and I was not a little furprifed at receiving, on Sunday, at three P. M. the inciofed letter (A) from M. Delacroix : he fent it by the Principal Secretary of his department (M. Guirauder) who communicated to me the ori ginal of the arrété of the Directory, of which this letter, abating the alteration in the form, is a literal copy. After perufing it, I afked M. Guiraudet whether he was informed of its con tents, and this led to a fhort converfation on them. I told him, that both the demands were fo unexpected that I could not reply to them off-hand: that as to the first, it was quite unusual to fign Memorials which were annexed to a Note actually figned, and that I fcarcely felt myfelf authorifed to depart from what was, I believed, an invariable rule. That as to the second demand, made in fo peremptory and unprecedented a way, I could without much he fitation fay at once that it could not be complied with. Monf. Gui raudet lamented this much, and faid, that this being the cafe, he feared our principles of Negociation would never coincide. I agreed with him in my expreffions of concern. We converfed together afterwards for fome time, but nothing paffed at all worthy remark. I told him I fhould fend my answer the next day. On reflecting more atten

tively on the request that I would fign the two Memorials which I had given in, it ftruck me that the complying with it pledged me to nothing, that it was merely gratifying them on a point infifted on peevithly, and that the doing it would put them ftill more in the wrong.

As to the strange demand of an Ul. timatum, it was perfectly clear what it became me to fay, and I hope that in the inclofed answer B. (which I fent yesterday morning at twelve o'clock to M. Delacroix), I shall be found to have adhered as closely as poffibly to the spirit of my inftructions.

Yesterday evening, at half paft nine, M. Guiraudet brought me the Note C. to which I immediately replied by the Note D. They require no comment; and as I intend leaving Paris to-morrow, and travelling with all convenient fpeed, I fhall fo foon have it in my power to fay the little which remains to lay relative to this fudden, though perhaps not unlooked for, clofe to my Miffion, that I need not trefpafs any further on your Lordship's patience.

I have the honour to be, &c. (Signed) MALMESBURY. P. S. I thought it would be proper for his Majefty's Minifter at Vienna to receive the earliest intelligence of the Ne. gociation being broken off; I therefore have difparched a Meffenger to Vienna with a copy of the feveral Papers which have paffed between me and Monfieur Delacroix fince our conference, and alfo' a fuccinct account of what paffed on it. The Mellenger left this place to-day at three P. M. M. Right Hon. Lord Grenville, &c. &c. &c.

SIR,

(No. 31.)

(No. 32.)

Copy. (B.) Paris, 19th Dec. 1796. Lord Malmesbury, in anfwer to the letter which the Minifter for Foreign Affairs had the goodness to tranfmit to him through the hands of the Secre tary General of his Department, muft remark, that in figning the Official Note which he gave in to that Minifter by order of his Court, he thought he had complied with all the ufual forma. lities, and had given the neceffary authenticity to the two Confidential Memorials which were annexed to it. Nevertheless, to remove all difficulties, as far as lies in his power, he willingly adopts the forms which are pointed ouc by the refolution of the Executive Di rectory, and haftens to fend to the Minifter for Foreign Affairs the two Memorials figned by his hand.

With refpect to the pofitive demand of an Ultimatum, Lerd Malmesbury obferves, that infifting on that point in fo peremptory a manner, before the twe Powers hall have communicated to each other their respective pretenfions, and that the Articles of the future Treaty fhall have been fubmitted to the dif cuffions which the different interests which are to be adjusted neceffarily demand, is to fhut the door against all Negociation. He therefore can add nothing to the affurances which he has already given to the Minifter for Foreign Affairs, as well by word of mouth as in his Official Note; and he repeats that he is ready to enter with that Mi nifter into every explanation of which the flate and progrefs of the Negocia tion may admit, and that he will not fail to enter into the difcuffion of the Propofals of his Court, or of any ContreProjet which may be delivered to him,

Paris, 28th Frimaire (Dec. 18), on the part of the Executive Diretory, zib year.

THE Executive Directory has heard the reading of the Official Note, figned by you, and of two Confidential Memo. rials, without fignatures, which were annexed to it, and which you gave in to me yesterday. I am charged expressly by the Directory to declare to you, that it cannot listen to any Confidential Note without a fignature, and to require of you to give in to me, officially, within four and twenty hours, your Ultimatum, figned by you.

Accept, Sir, the affurance of my high confideration.

(Signed) CH. DELACROIX, VOL. XXXI. JAN. 1797

with that candour and that spirit of conciliation which correfpond with the just and pacific fentiments of his Court.

Lord Malmesbury requests the Minifter for Foreign Affairs to accept the affurances of his high confidera. tion.

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and to the Treaties which bind the Republic.

And as Lord Malmesbury announces at every communication, that he is in want of the advice of his Court, from which it refults that he acts a part merely paffive in the Negociation, which renders his prefence at Paris ufelefs; the underfigned is further charged to give him notice to depart from Paris in eight and forty hours, with all the perfons who have accompanied and follow ed him, and to quit as expeditiously as poffible the territory of the Republic. The Underfigned declares moreover, in the name of the Executive Directory, that if the British Cabinet is defirous of Peace, the Executive Directory is ready to follow the Negociations, according to the bafis laid down in the prefent Note, by the reciprocal channel of cou

riers.

(Signed) CH.DELACROIX. Paris, 29th Frimaire (19th December) 5th year of the French Republic, One and Indivifible.

(No. 34. ) [ D. ] Lord Malmesbury haftens to acknow. ledge the receipt of the Note of the Minifter for Foreign Affairs, dated yefterday. He is preparing to quit Paris to-morrow, and demands, in confequence, the neceffary Paffports for himself and his Suite.

He requests the Minifter for Foreign Affairs to accept the affurances of his high confideration.

Paris, 20th Dec. 1796.

To the above papers we fubjoin a Declaration of his Britannic Majefty, which was brought down to the two Houfes of Parliament, difpatched to every part of the kingdom, and formally prefented to all the Ministers of Foreign Powers refident at the Court of London.

DECLARATION

OF

HIS BRITANNIC MAJESTY.

THE Negociation, which an anxious defire for the restoration of Peace had induced his Majefty to open at Paris, having been abruptly terminated by the French Government, the King thinks it due to himself and to his people to ftare, in this public manner, the circumfrances which have preceded and attended a tranfaction of fo much impor

tance to the general interefts of Ex

rope.

It is well known, that early in the prefent year his Majefty, laying afide the confideration of many circumstances of difficulty and difcouragenient, determined to take fuch steps as were beft calculated to open the way for Negociation, if any correfponding defire prevailed on the part of his enemies. He directed an overture to be made in his name by his Minifter in Swifferland, for the purpose of afcertaining the dif pofitions of the French Government with respect to Peace. The Anfwer which he received in return was at once haughty and evafive: It affected to queftion the fincerity of those difpofitions of which his Majesty's conduct afforded fo unequivocal a proof; it raifed groundlefs objectious to the mode of Negociation propofed by his Majefty (that of a General Congrefs, by which Peace has fo often been reftored to Europe); but it ftudiously paffed over in filence his Majefty's defire to learn what other mode would be preferred by France. It at the fame time afferted a principle, which was ftated as an indifpenfable Preliminary to all Negociation; a principle under which the terms of Peace Ruft have been regulated, not by the ufual confiderations of juftice, policy, and reciprocal convenience; but by an implicit fubmiffion, on the part of all other Powers, to a claim founded on the internal Laws and feparate Conftitution of France, as having full authority to fuperfede the Treaties entered into by Independent States, to govern their Interefts, to controul their Engagements, and to difpote of their Do-.

minions.

A pretenfion in itfelf fo extravagant could in no inftance have been admitted, nor even liftened to for a moment. Its application to the prefent cafe led to nothing less than that France fhould, as a Preliminary to all Difcuffion, retain? nearly all her Conquefts, and thofe particularly in which his Majefty was mott concerned, both from the ties of intereft, and the facred obligations of Treaties: that he thould, in like manner, recover back all that had been conquered from her in every part of the World; and that the fhould be left at liberty to bring forward fuch further demands, on all other points of Negociation, as fuch unqualified fubmiffion on the part of thofe with whom the treated could not fail tɔ

produce.

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On fuch grounds as these, it was fufficiently evident that no Negociation could be eftablished: neither did the anfwer of his Majefty's Enemies afford any opening for continuing the difcuffion, fince the mode of Negociation offered by his Majefty had been peremptorily rejected by them, and no other had been ftated in which they were willing to concur.

His Majefty was, however, not difcouraged even by this refult from ftill purting fuch measures as appeared to him molt conducive to the end of Peace; and the wishes of his Ally, the Emperor, correfponding wirh thofe which his Majefty had manifested, sen. timents of a fimilar tendency were expreffed on the part of his Imperial Majetty at the time of opening the Campaign: but the continuance of the fame fpirit and principles on the part of the Enemy rendered this fresh overture equally unfuccefsfu!.

While the Government of France thus perfifted in obftructing every meafure that could even open the way to Negotiation, no endeavour was omitted to miflcad the public opinion through-, out all Europe with refpect to the real caufe of the prolongation of the war, and to caft a doubt on those difpofitions which could alone have dictated the steps taken by his Majefty and his auguft ally.

In order to deprive his enemies of all poflibility of fubterfuge or evasion, and in the hope that a juft fenfe of the continued calamities of War, and of the increasing diftreffes of France herfelf, might at length have led to more just and pacific difpofitions, his Majesty renewed in another form, and through the intervention of a friendly Power, a propofal for opening Negotiations for Peace. The manner in which this intervention was received, indicated the moft hoftile difpofition towards Great Britain, and at the fame time afforded to all Europe a ftriking inftance of that injurious and offenfive conduct which is obferved, on the part of the French Government, towards all other countries. The repeated overtures made in his Majefty's name were nevertheless of fuch a nature, that it was at last found impoffible to perfil in the abfolute rejeétion of them, without the direct and undifguifed avowal of a determination to refufe to Europe all hope of the reforation of tranquillity. A channel was therefore at length indicated

through which the Government of France profeffed itfelf willing to carry on a Negotiation, and a readiness was expreffed (though in terms far remote from any fpirit of conciliation) to receive a Minifter authorized by his Majefty to proceed to Paris for that purpofe.

Many circumftances might have been urged as affording powerful motives against adopting this fuggeftion, until the Government of France, had given fome indication of a fpirit better cal culated to promote the fuccefs of fuch a Miflion, and to meet thefe advances on the part of Great Britain. The King's defire for the restoration of ge neral Peace on juft and honourable terms, his concern for the interests of his fubjects, and his determination to leave to his enemies no pretext for imputing to him the confequences of their own ambition, induced him to overlook every fuch confideration, and to take a ftep which thefe reafons alone could juftify.

The repeated endeavours of the French Government to defeat this Miffion in its outfet, and to break off the intercourfe thus opened, even before the firft fteps towards Negotiation could be taken, the indecent and injurious language employed with a view to irritate, the captious and frivolous objec tions raised for the purpose of obftru&t• ing the progrefs of the difcuffion ; all thefe have fufficiently appeared from the Official Papers which paffed on both fides, and which are known to all Europe.

But, above all, the abrupt termination of the Negociation has afforded the moft conclufive proof, that at no period of it was any real with for Peace entertained on the part of the French Government.

After repeated evafion and delay, that Government had at length confented to eftablish, as the Bafis of the Negociation, a principle propufed by his Majefty, liberal in its own nature, equitable towards his Enemies, and calculated to provide for the interefts of his Allies, and of Europe, It had been agreed, that Compenfation fhould be made to France by proportionable Reftitutions from his Majefty's Conquefts on that Power, for thofe arrangements to which the thould be called upon to confent, in order to fatisfy the juft pretentions of his Allies, and to preferve the political Balance of Europe. At the defire of the French Government itself, Memorials were

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prefented by his Majefty's Minifter, which contained the outlines of terms of Peace, grounded on the Bafis fo eftablifhed, and in which his Majesty propofed to carry to the utmoft poffible extent the application of a principle fo equitable with refpect to France, and fo liberal on his Majefty's part. The delivery of thefe Papers was accompanied by a Declaration exprefsly and repeatedly made, both verbally and in writing, that his Majefty's Minifter was willing and prepared to enter, with a fpirit of conciliation and fairness, into the dif cuffion of the different points there contained, or into that of any other propofal or fcheme of Peace which the French Government might wish to fubftitute in its place.

In reply to this Communication, he received a demand, in form the most offenfive, and in fubftance the most extravagant, that ever was made in the courfe of any Negotiation. It was peremptorily required of him, that in the very outlet of the bufinefs, when no answer had been given by the French Government to his first propofal, when he had not even learned, in any regular thape, the nature or extent of the objections to it, and much lefs received from that Government any other offer or plan of Peace, he should, in 24 hours, deliver in aftatement of the final terms to which his Court would in any cafe accede; a demand tending evidently to shut the door to all Negociation, to preclude all difcuffion, all explanation, all poffibility of the amicable adjustment of points of difference; a demand in its nature prepofterous, in its execution impracticable, fince it is plain that no fuch ultimate refolution, respecting a general plan of Peace, ever can be rationally formed, much lefs declared, without knowing what points are principally objected to by the enemy, and what facilities he may be willing to offer in return for conceffion in thofe refpects. Having declined compliance with this demand, and explained the reafons which rendered it inadmiffible, but having, at the fame time, expressly renewed the declaration of his readiness to enter into the difcuffion of the propofal he had conveyed, or of any other which might be communicated to him, the King's Minifter received no other answer than an abrupt command to quit Paris in forty-eight hours.-If, in addition to fuch an infult, any further proof were necefiary of the difpofitions of thoft by

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whom it was offered, fuch proof would be abundantly fupplied from the contents of the Note in which this order was conveyed. The mode of Nego tiation, on which the French Govern. ment had itself infifted, is there rejected, and no practicable means left open for treating with effect. The bafis of Negotiation, fo recently established by mutual confent, is there difclaimed, and in its room a principle, clearly inadmiffible, is re-afferted, as the only ground on which France can confent to treat,

the very fame principle which had been brought forward in reply to his Ma jefty's firft overtures from Swifferland, which had then been rejected by his Majefty, but which now appears never to have been, in fact, abandoned by the Government of France, however incon. fiftent with that on which they had exprefsly agreed to treat.

It is therefore neceffary thatall Europe fhould understand, that the rupture of the Negotiation at Paris does not arife from the failure of any fincere attempt on the part of France to reconcile, by fair difcuffion, the views and interefts of the contending Powers: fuch a dif cuffion has been repeatedly invited, and even folicited on the part of his Ma jefty, but has been, in the first instance, and abfolutely, precluded by the act of the French Government.

It arifes exclufively from the deter mination of that Government to reject all means of Peace-a determination which appeared but too ftrongly in all the preliminary difcuffions; which was clearly manifested in the demand of an Ultimatum, made in the very outlet of the Negotiation; but which is proved beyond all poffibility of doubt, by the obftinate adherence to a claim which never can be admitted-a claim that the conftruction which that Government affects to put (though even in that refpect unfupported by the fact) on the internal Conftitution of its own country, fhall be received by all other nations as paramount to every known principle of public law in Europe, as fuperior to the obligations of Treaties, to the ties of common intereft, to the most preffing and urgent confiderations of general fe curity.

On fuch grounds it is that the French Government has abruptly terminated a Negotiation which it commenced with reluctance, and conducted with every indication of a refolution to prevent its final fuccefs. On thefe motives it is that

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