5th. That, in order to deprive the evil disposed of every pretext for disturbing the good understanding between the two go. vernments, it shall be recommended to the princes of the House of Bourbon at present in Great Britain, to repair to Warsaw, the residence of the head of their family. 6th. That such of the French emigrants as still think proper to wear the orders and decorations belonging to the ancient govern ment of France, shall be required to quit the territory of the British empire. These demands are founded upon the Treaty of Amiens, and upon the verbal assurances that the undersigned minister has had the satisfaction to receive in the course of the negociations, with regard to a mutual agree gratifying their hatred against France, and be transported to Canada, according to the inundermining the foundations of peace.tention which the undersigned has been directed It is not merely by insulting and seditious to transmit to his government at the request of writings, evidently published with a view to Lord Hawkesbury. circulation in France, but by other incendiary papers distributed through the maritime departments, in order to excite the evil-disposed or weak inhabitants to resist the execution of the Concordate, that the implacable enemies of France continue to exercise hostilities, and to provoke the just indignation of the French government and people. Not a doubt exists of these writings having been composed and circulated by Georges, and by the former bishops of France. These men can no longer be considered but, as rebeis against both political and religious authority; and after their reiterated attempts to disturb the good understanding between the two governments, their residence in England militates openly against the spirit and letter of the treaty of peace. The meetings like-ment for maintaining tranquillity and good or wise which have taken place in the island of der in the two countries. If any one in par Jersey, and the odious plots which are there ticular of these demands does not proceed so framed, in spite of the representations which immediately from the treaty concluded, it the undersigned minister has already taken would be easy to justify it by striking exam care to make on this subject, also demand ples, and to prove how very attentive the immediate measures to be taken by a govern- British government has been in times of inment, the neighbour and friend of France. ternal fermentation, to remove from the terOther persons (attached, by recollections ritory of a neighbouring power those who never to be effaced, and by regrets too long might endanger the public tranquillity.fostered, to an order of things which no Whatever may be the protection which the longer exists in France) find themselves daily English laws afford to native writers and to implicated by the plots of those who pretend other subjects of his Majesty, the French to serve them. A sense of their own repu- government knows that foreigners do not tation will without doubt lead them to avoid here enjoy the same protection; and that the a focus of intrigues, with which they ought law, known by the title of the Alien Act, not to have the least connection. Peace gives the ministry of his Britannic Majesty happily re-established, the mutual desire of an authority which it has often exercised the two governments to render it solid and against foreigners whose residence was prelasting, and the general interests of huma-judicial to the interests of Great Britain. nity, require that all these causes of dissatisfaction should be done away, and that his Majesty's ministry should, by frank and energetic measures, manifest their disapprobation of all the attempts made to produce new divisions. The undersigned has in consequence received especial orders to solicit 1st. That his Majesty's government will adopt the most effectual measures to put a stop to the unbecoming and seditious publications with which the newspapers and other writings printed in England are filled. 2d. That the individuals mentioned in the undersigned minister's letter of the 23d July last, shall be sent out of the island of Jersey. 3d. That the former Bishops of Arras and St. Pol de Léon, and all those, who like them, under the pretext of religion, seek to raise disturbances in the interior of France, shall Likewise be sent away.. 4th. That Georges and his adherents shall The first clause of this Act states expressly, that any order in council which requires a foreigner to quit the kingdom shall be executed under pain of imprisonment and transportation. There exists, therefore, in the ministry a legal and sufficient power to restrain foreigners, without having recourse to the courts of law, and the French government, which offers on this point a perfect reciprocity, thinks it gives a new proof of its pacific intentions, by demanding that those persons may be sent away, whose machinations uniformly tend to sow discord between the two people. It owes to itself and to the nation at large, (which has made it the depository of its power and of its honour), not to appear insensible to insults and to plots during profound peace, which the irritation of open war could not justify, and it is too well acquainted with the conciliatory dispositions of the British Ministry, net, to rely complain if their subsequent appeal to his Majesty had failed to produce the effect that otherwise would have attended it. What ever may have been the nature of the prior upon its efforts to disperse a faction equally the enemy of France and England. The undersigned minister seizes this opportunity to present to his Excellency Lord Hawkesbury, the homage of his respectful consider-injury, they have in fact taken the law into their own hands; and what is this recrimi nation and retort? The paragraphs in the English newspapers, the publications to which I have above referred, have not appeared under any authority of the British government, and are disavowed and disapproved of by them; but the paragraph in the Moniteur has appeared in a paper avowedly official, for which the government are therefore considered as responsible, as his Majesty's go No. 13.-Sir, I send you the copy of a letter which I received some days ago from M. Otto, together with a copy of an official note inclosed in it. I have informed M. Otto, that you would receive instructions to enter into explanations with the French government on the several points to which it refers. It is impossible not to feel consider-vernment is responsible for the contents of able surprize at the circumstances under which it has been thought proper to present such a note; at the stile in which it is drawn up, and at the complaints contained in it. Whatever may be the general dispositions of the French government towards this country, supposing them to be as hostile as they have been at any former period, or even more so, it would appear so contrary to their interest to provoke a war with us at the present moment, that I am inclined to ascribe their conduct, in the whole of this business, more to temper, than to any other motive; but whe ther their conduct is to be referred to temper or to policy, the effects of it may still be the same; it is therefore become of the utmost importance that a frank explanation should be made of the line of conduct which his Majesty has determined to adopt on reasons of the nature of those to which this note refers, and of the motives on which it is founded; and it is to be hoped that such an explanation will have the effect of putting an end to a course of proceeding which can lead only to perpetual irritation between the two governments, and which might ultimately tend to the most serious consequences. The first consideration that naturally arises on this transaction, is that of the peculiar circumstances under which the note of M. Otto has been presented. It cannot be denied that some very improper paragraphs have lately appeared in some of the English newspapers against the government of France; it cannot be denied likewise, that publications of a still more improper and indecent nature have made their appearance in this country, with the names of foreigners affixed to them. Under these circumstances the French Government would have been warranted in expecting every redress that the laws of this country could afford them; but as, instead of seeking it in the ordinary course, they have thought fit to resort to recrimination themselves, or at least to autho rize it in others, they could have no right to the London Gazette. And this retort is not confined to the unauthorized English news<< papers, or to the other publications of which complaint is now made, but is converted in◄ to, and made a pretence for a direct attack upon the government of his Majesty. His Majesty feels it beneath his dignity to make any formal complaint on this occasion; but it has been impossible for me to proceed to the other parts of the subject, without pointing your attention to the conduct of the French government in this respect, that you may observe upon it in the manner it deserves. The propositions in M. Otto's official note, are six in number; but may in fact be divided under two heads: the first, that which relates to the libels of all descriptions, which are alledged to be published against the French government; the last, comprehending the five complaints which relate to the emigrants resident in this country. On the first, I am sure you must be aware that his Majesty cannot, and never will, in consequence of any representation or any menace from a foreign power, make any concession, which can be in the smallest degree dangerous to the liberty of the press, as secured by the constitution of this country. This liberty is justly dear to every British subject. The constitu tion admits of no previous restraints upon publications of any description; but there exist judicatures, wholly independent of the executive government, capable of taking. cognizance of such publications as the law deems to be criminal, and which are bound to inflict the punishment the delinquents may deserve; these judicatures may take cogni zance not only of libels against the government and the magistracy of this kingdom, but, as has been repeatedly experi enced, of publications defamatory of those in whose hands the administration of foreign governments is placed. That our government neither has nor wants any other protection than what the laws of the country afford; and though they are willing and ready would have proved satisfactory, and would have precluded the necessity of any farther discussion on this subject. The French government have upon several occasions resorted on this part of the subject to precedent, and have particularly rested on the demand formerly made by this country, that the person then called the Pretender, should be sent from the French dominions. It is important that the differences between these two cases should be stated. When James the Second abdicated the throne, and left this country, he retired with his adherents to France; and though in the war which immediately succeeded that event, the French government adopted his cause as their own, no stipulation was made at the Treaty of Ryswick, that he should be sent from that country, nor was any subsequent demand ever made to the French government to this effect; but he was suffered to remain at Saint Germain, in the neighbourhood of Paris, surrounded by his family and friends, till the time of his death. It was not till after his demise, when Lewis the Fourteenth, in direct violation of the treaty of Ryswick, had acknowledged his son as King of Great Britain, that a different course of proceeding was adopted by the British government; and in the treaty of peace signed at Utrecht, which put an end to the war which had been carried on, on account of the Spanish succession, an article was inserted to prevent the Pretender from residing in any part of the French dominions. The demand which was subsequently made for the removal of the Pretender from a town which was situated in the centre of these dominions, was founded on this article of the treaty, which was in fact one of the conditions of the peace; but both the article in the treaty and the demand were confined to the Pretender personally, and were not extended to any of his family, or to any of his adherents. After his removal, many of his adherents continued to reside in France; many persons resident in this country, who were attached to the cause of the Pretender, and had promoted the rebellion in his fa vour, and who were consequently attainted for high treason, sought refuge in France, and were permitted to remain there till their death, without any application ever having been made by the British government for their removal. The Duke of Berwick, the natural son of James the Second, who from his principles and talents was the most dan to give to every foreign government all the protection against offences of this nature which the principle of their laws and constitution will admit, they never can consent to new-model their laws, or to change their constitution, to gratify the wishes of any foreign power. It the present French government are dissatisfied with our laws on the subject of libels, or entertain the opinion that the administration of justice in our courts is too tardy and lenient, they have it in their power to redress themselves by punishing the venders and distributors of such publica tions within their own territories, in any manner that they may think proper, and thereby preventing the circulation of them. If they think their present laws are not sufficient for this purpose they may enact new ones; or, if they think it expedient, they may exercise the right which they have of prohibiting the importation of any foreign newspapers, or periodical publications, into the territories of the French Republic. His Majesty will not complain of such a measure, as it is not his intention to interfere in the manner in which the people or territories of France should be governed; but he expects, on the other hand, that the French government will not interfere in the manner in which the government of his dominions is conducted, or call for a change in those laws with which his people are perfectly satisfied. With respect to the distinction which appears to be drawn in M. Otto's note, between the publications of British subjects and those of foreigners, and the power which his Majesty is supposed to have in consequence of the Alien Act, of sending foreigners out of his dominions, it is important to observe that the provisions of that act were made for the purpose of preventing the residence of foreigners, whose numbers and principles had a tendency to disturb the internal peace of his own dominions, and whom the safety of those dominions might require in many instances to be removed, even if their actual conduct had not exposed them to punishment by law. It does not follow that it would be a warrantable application of such a law to exert its powers in the cases of individuals such as those of whom complaint is now made, and particularly as they are liable to be prosecuted under the law of the land, in like manner as others have been in similar cases, at the instance, and upon the complaint of foreign governments. The second general head, which includes the five last complaints, re-gerous man to the interests of this country lates to the removal of some of the French emigrants resident in this country. His Majesty entertained hopes that the explanation furnished on this head in my dispatch No. 14. and the Protestant succession, continued to be a general in the French armies, and though descended from the King, an Eng. lishman and an emigrant, it was not required * B that he should be sent out of France. In the present case, there is no article in the treaty of peace, by which his Majesty is bound to send from this country any Frenchman whatever, except on account of the crimes specified in the twentieth article of the definitive treaty, and in consequence of the proofs therein required having been adduced. In the present case, it cannot be pretended that his Majesty has ever given the slightest countenance to the cause of the royalists in France against the present government, since the period when he acknowledged that government; and if there were not these important differences in the two caves, they would be totally dissimilar in the only remaining point; for in the case of the House of Stuart, as has been already stated, notwithstanding the violence of the times, and the danger to which the Protestant succession was really exposed, this strong act of authority was confined to the person of the Pretender; and the individual who must be recognized in that character by the French government, and whose case can alone bear any similarity to the former even in this respect, is not, and never has been within his Majesty's dominions: other precedents might be adduced on this subject; but it is not necessary to state them, as the foregoing are sufficient. With respect to the complaints in detail under the second head. Upon the first, you may inform the French government, that the emigrants in Jersey, many of whom had remained there solely on account of the cheapness of subsist ence, had actually removed, or were removing previous to the representation concerning them in Mr. Otto's note, and that before your explanation with Mr. Talley rand can take place, there will probably not be an en igrant in the island. To the second complaint, which relates to the Bishops of Arras and Saint Paul de Leon, and others, his Majesty can only reply, that if the facts alledged against them can be substantiated; if it can be proved that they have distributed papers on the coast of France, with a view of disturbing the government, and of inducing the people to resist the new church establishment, his Majesty would think himself justified in taking all measures within his power for obliging them to leave the country; but some proof must be adduced of those facts; and such proof must not be that of their having in a single instance, viz. in reply to the Pope's mandate, published a vindication of their own conduct, in refusing to conform to the new establishment, a proceeding in which they would be justifiable on every principle of toleration and justice; but it should shew that they have since availed themselves of their situ. ation in this country to excite the people of France against the authority of that government, whether civil or ecclesiastical. On the third complaint, which respects the removal of Georges, and those persons supposed to be described as his adherents, Mr. Otto must have mistaken me in what, he supposes me to have said on that subject. His Majesty is, however, very desircus to obviate any cause of complaint or uneasiness with respect to these persons; and measures are in contemplation, and will be taken, for the purpose of removing them out of his Majesty's European dominions. On the fourth complaint, respecting the princes of the House of Bourbon, I can only refer you to my former answer. His Majesty has no desire that they should continue to reside in this country, if they are disposed, or can be induced to quit it; but he feels it to be inconsistent with his honour and his sense of justice to withdraw from them the rights of hospitality, as long as they conduct themselves peaceably and quietly; and unless some charge can be substantiated of their attempting to disturb the peace which subsists between the two governments. With respect to the fifth complaint, which relates to the French emigrants wearing in this country the orders of their ancient government; there are few if any persons of that description in this country who wear such orders. It might be more proper if they all abstained from u; but the French government could not persist in expecting, that even if it were consistent with law, his Majesty could be induced to commit so harsh an act of authority as to send them out of the country on such an account. I have thus stated to you his Majesty's sentiments on the several points contained in Mr. Otto's note. You will take an early opportunity of communicating these sentiments to the French government, and of accompanying them with the arguments and explanations above stated. And if it should be desired, and you should be of opinion, that it was likely to produce any good effect, there is no objection to your putting the substance of what you shall have stated in writing, and of delivering it to the minister for foreign affairs, as a memorandum of your conversation. Upon the general tone and style of Mr. Otto's no e, it is important to observe, that it is far from conciliating; and that the practice of presenting notes of this description, on any motive or suggestion of personal irritation, cannot fail to have the effect of indisposing the two governments towards each other, instead of consolidating and strengthening the peace which happily subsists between them. That after a war, in which the passions of men have been roused beyond all former examples, it is natural to suppose that the distrust, jealousy, and other hostile feelings of individuals should not immediately subside, and under these circumstances it appears to be both the interest and the duty of the two governments, by a mild and temperate conduct, gradually to allay these feelings, and not on the contrary to stacle, and without these plenipotentiaries Отто. Ilis Excellency Lord Hawkesbury, &c. By provoke and augment them by untimely irrita- | 10th Article, may be executed without obtion on their part, and by ascribing proceedings like those above noticed, to causes to which they have no reference. His Majesty has thus fully and frankly explained his sentiments, and the ground of his conduct. He is sincerely disposed to adopt every measure for the preservation of peace, which is consistent with the honour and independence of the country, and with the security of its laws and constitution. But the French government must have formed a most erroneous judgment of the disposition of the British nation, and of the character of its government, if they have been taught to expect that any representation of a foreign power will ever induce them to consent to a violation of those rights on which the liberties of the people of this country are founded. I have the honour to be, &c. Anthony Merry, Esq. HAWKESBURY. tion, till he should receive intelligence of the No. 14.-(Translation.)-Note.-General Vial, minister plenipotentiary of the Republic at Malta, having set out for his destination about the 20th of July, it is to be presumed, that he will soon be in a condition to enter into a concert with his Britannic Majesty's minister plenipotentiary, on the evacuation of Malta, and of its dependencies. The three months, in which this evacuation should have taken place, are expired; and it being the intention of the two governments that the execution of the treaty of Amiens should experience the least possible delay, the First Consul would have been desirous that the two thousand Neapolitans who are ready to depart, could have been transported at an early period to the Island of Malta, to be in readiness whenever the evacuation shall be on the point of being effected. It appears, nevertheless, that Mr. Drummond, the English minister at Naples, has not been authorized by his government to facilitate this transport; and that the motive alledged by that minister was, that the stipulations which ought to precede the evacuation not being fulfilled, that evacuation could not yer take place. In communicating the above details to his Excellency Lord Hawkesbury, his Bricannic Majesty's principal secretary of state for the foreign department, the undersigned is directed to observe, that the sending the two thousand Neapolitans to the Island of Malta cannot but be considered as a preliminary step, in order to accelerate the evacuation, as soon as the necessary measures shall have been taken by the respective plenipotentiaries; and that it does not in any manner prevent the subsequent concert on the details of the evacuation, conformably to the clauses of the treaty of Amiens. The undersigned is moreover directed to request the British ministry to give general instructions to his Majesty's plenipotentiaries at Naples, and at Malta, that the evacuation, and the other conditions of the arrival of Sir Alexander Ball in that island, and till he should be informed that the commander in chief of the British forces had made suitable preparations for their reception. the last advices from Malta it appears, that Sir Alexander Ball had arrived there on the 10th of last month, and that after having conferred with General Fox upon the subject, he had written to Mr. Drummond, that there was no impediment whatever to the immediate reception of the Neapolitan troops, and that their quarters would be prepared accordingly; the undersigned has the honour to state this to M. Otto as the most satisfactory answer which he can give to his note. It is probable, therefore, that the troops of his Sicilian Majesty are already embarked and on their passage; but to prevent the possibility of any unneces sary delay or misconception, the most explicit instructions will be im nediately forwarded to Mr. Drummond on this subject. With respect to the other points in M. Otto's note, the undersigned can only repeat what he has before stated to him, that his Majesty is most sincerely desirous to see all the stipulations of the 10th article of the definitive treaty carried into effect with the utmost punctuality, and with the least possible delay. With this view he takes this opportunity of observing to M. Otto, that by the very last dispatches from the English ambassador at St. Petersburgh, the French minister at that court had not even then received any ins ructions from his government relative to the steps to be taken in concert with Lord St. Helens, for inviting the Emperor to become a guaranty of the provisions and stipulations of the article in question. The French minister at Berlin was in the same predicament. The undersigned, therefore, requests that M. Otto would have the goodness to represent these circumstances to his go vernment, and to urge them, if they have not already done it, to transmit without delay to |