sessed either before or during the present war; in the which term of three years they may have the free exercise of their religion, and enjoyment of their property.

The same privilege shall be granted in the countries restored, to all those who shall have made therein any establishments whatsoever, during the time when those countries were in the possession of Great Britain.

With respect to the other inhabitants of the countries restored or ceded, it is agreed that none of them shall be prosecuted, disturbed, or molested in their persons or properties, under any pretext, on account of their conduct or political opinions, or of their attachment to either of the two powers, nor on any other account, except that of debts contracted to individuals, on account of acts posterior to the Definitive Treaty.

Article XV. The present Preliminary Articles shall be ratified, and the ratifications exchanged in London, in the space of fifteen days for all delay; and, immediately after their ratification, plenipotentiaries shall be named, on each side, who shall repair to Amiens for the purpose of concluding a Definitive Treaty of Peace, in concert with the allies of the contracting parties.

In witness whereof, we, the undersigned Plenipotentiaries of his Britannic Majesty, and of the first Consul of the French Republic, by virtue of our respective full powers, have signed the present Preliminary Articles, and have caused our seals to be put thereto. Done at London, the 1st day of October 1801, the 9th Vindemiaire, year 10, of the French Republic.

(L. S.) HAWKESBURY.

(L. S.) OTTO.

III. DEFINITIVE TREATY OF PEACE

BETWEEN HIS MAJESTY THE KING OF THE UNITED KINGDOM OF GREAT BRITAIN AND IRELAND, ON THE ONE PART; AND THE FRENCH REPUBLIC, HIS MAJESTY THE KING OF SPAIN AND THE INDIES, AND THE BATAVIAN REPUBLIC, ON THE OTHER PART.

His Majesty the King of the United Kingdom of Great Britain and Ireland, and the First Consul of the French Republic, in the name of the French people, being equally animated with a desire to put an end to the calamities of war, have laid the foundation of peace, by the Preliminary Articles, which were signed in London, the 1st of October 1801 (9th Vindemiaire, an. 10).

And as, by the 15th Article of the Preliminaries, it has been agreed on, "That Plenipotentiaries should be named on the part of each government, who should repair to Amiens, and there ceed to arrange a Definitive Treaty, in concert with the allies of the procontracting powers-"

His Majesty, the King of the United Kingdom of Great Britain and Ireland, has named the Marquis Cornwallis, knight of the most noble Order of the Garter, one of his Majesty's privy council, general in his Majesty's army, &c. &c.

The first consul of the French Republic, in the name of the French people, has named as plenipotentiary the citizen Joseph Bonaparte, counsellor of state.

His Majesty, the King of Spain and the Indies, and the govern ment of the Batavian Republic, have appointed the following plenipotentiaries,

3A 3

nipotentiaries, to wit, his Catholic Majesty has named Don Josephi Nicholas d'Azara, his counsellor of state, grand cross of the Order of Charles III., ambassador extraordinary of his Majesty to the French Republic, &c. &c.

And the government of the Batavian Republic, has named Roger Jean Schimmelpenninck, its ambassador extraordinary to the French Republic, &c.

Which said plenipotentiaries, having duly communicated to each other their respective powers, which are transcribed at the conclusion of the present treaty, have agreed upon the following articles: Article I There shall be peace, friendship, and good understanding, between his Majesty the King of the United Kingdom of Great Britain and Ireland, his heirs and successors, on the one part, and the French Republic, his Majesty the King of Spain, his heirs and successors, and the Batavian Republic, on the other part.

The contracting parties shall use their utmost efforts to preserve a perfect harmony between their respective countries, without permitting any act of hostility whatever by sea or by land, for any cause, or under any pretext.

They shall carefully avoid every thing which might for the future disturb the happy union now re-established between them, and shall not give any succour or protection, directly or indirectly, to those who would wish to injure any one of them.

Article II. All the prisoners made on one side and the other, as well by land as by sea, and the hostages carried off or delivered up during the war, and up to the present day, shall be restored without ransom, in six weeks at the latest, to be reckoned from the day when the ratifications of the present Treaty are exchanged, and on paying the debts which they shall have contracted during their captivity. Each of the contracting parties shall respectively discharge the advances which shall have been made by any of the contracting parties for the support and maintenance of prisoners in the countries where they have been detained. There shall be appointed by mutual consent, for this purpose, a commission, specially empowered to ascertain and determine the compensations which may be due to any one of the contracting parties. The time and the place shall likewise be fixed by mutual consent for the meeting of the commissioners who shall be entrusted with the execution of this article, and who shall take into account, not only the expences incurred on account of the prisoners of the respective nations, but likewise on account of the foreign troops, who, before being taken, were in the pay, and at the disposal of one of the contracting parties. Article III. His Britannic Majesty restores to the French Republic and its allies, viz. his Catholic Majesty and the Batavian Republic, all the possessions and colonies which respectively belonged to them, and which have been either occupied or conquered by the British forces during the course of the present war, with the exception of the Island of Trinidad and of the Dutch possessions in the Island of Ceylon.

Article IV. His Catholic Majesty cedes and guarantees, in full property and sovereignty, the Island of Trinidad to his Britannic Majesty.

Article V. The Batavian Republic cedes and guarantees in full property and sovereignty to his Britannic Majesty all the possessions and establishments in the Island of Ceylon, which previous to the

war

war belonged to the Republic of the United Provinces, or to the Dutch East India Company.

Article VI. The port of the Cape of Good Hope remains to the Batavian Republic in full sovereignty, in the same manner as it did previous to the war.

The ships of every kind belonging to the other contracting parties shall be allowed to enter the said port, and there to purchase what provisions they may stand in need of as heretofore, without being liable to pay any other imposts than such as the Batavian Republic compels the ships of its own nation to pay.

Article VII. The territories and possessions of her Most Faithful Majesty are maintained in their integrity, such as they were antecedent to the war. However, the boundaries of French and Portuguese Guiana, are fixed by the river Arawari, which empties itself into the ocean above Cape North, near the islands of Nuovo and Penetentia, about a degree and a third of north latitude. These boundaries shall run along the river Arawari, from its mouth the most distant from Cape North to its source, and afterwards on a right line, drawn from that source, to the Rio-Banto, towards the west.

In consequence, the northern bank of the river Arawari, from its distant mouth to its source, and the territories that lie to the north of the line of the boundaries laid down as above, shall belong in full sovereignty to the French Republic.

The southern bank of the said river, from the same mouth, and all the territories to the south of the said line, shall belong to her Most Faithful Majesty.

The navigation of the river Arawari, along the whole of its course, shall be common to both nations.

The arrangements which have been agreed upon between the Courts of Madrid and Lisbon, respecting the settlement of their boundaries in Europe, shall nevertheless be adhered to, conformably to the stipulations of the Treaty of Badajoz.

Article VIII. The territories, possessions, and rights, of the Sublime Porte, are maintained in their integrity, as they were before the war.

Article IX. The Republic of the Seven Islands is recognised. Article X. The Islands of Malta, Goza, and Comino, shall be restored to the Order of St. John of Jerusalem, to be held on the same conditions on which they possessed them before the war, and under the following stipulations:

1. The Knights of the Order, whose tongues shall continue

to

* The word tongue may appear obscure, unless the reader is acquainted with the history of the Maltese constitution. During the times characterized by the name of Crusades, several religious confraternities were incorporated, for the purpose of assisting the vari ous bodies of Christians who directed their march either to the Holy Land, or to the coasts of Africa. The richest among these orders were the Knights Templers, a society which was afterwards abolished in all the kingdoms of Europe; while the Knights of St. John of Jerusalem, on account of their insular situation and independent sovereignty, were left unmolested.

The Knights were chosen from among the different bodies of troops who acted under the banner of the cross; and, as Europe

66

seemed

to subsist, after the exchange of the Ratification of the present Treaty, are invited to return to Malta, as soon as the exchange shall have taken place. They will there form a general chapter, and proceed to the election of a grand master, chosen from among the natives of the nation which preserve their tongue, unless that election has been already made since the exchange of the Preliminaries.

It is understood that an election made subsequent to that epoch shall alone be considered valid, to the exclusion of any other that may have taken place at any period prior to that epoch.

2. The governments of the French Republic and of Great Britain, desiring to place the Order and Island of Malta in a state of entire independence with respect to them, agree that there shall not be in future either a French or English tongue; and that no individual belonging to either the one or other of these powers shall be admitted into the Order.

3. There shall be established a Maltese tongue, which shall be supported by the territorial revenues and commercial duties of the island. This tongue shall have its peculiar dignities, an establishment, and an hotel. Proofs of nobility shall not be necessary for the admission of knights of this tongue; and they shall be moreover admissible to all offices, and shall enjoy all privileges, in the same manner as the knights of the other tongues. At least half of the municipal, administrative, civil, judicial, and other employments depending on the government, shall be filled by inhabitants of the Islands of Malta, Goza, and Comino.

4. The forces of his Britannic Majesty shall evacuate the island and its dependencies, within three months from the exchange of the Ratifications, or sooner if possible. At that epoch it shall be given up to the Order in its present state, provided the Grand Master, or commissaries, fully authorised according to the statutes of the Order, shall be in the island to take possession, and that the

force

seemed to precipitate itself on Asia," it became necessary that the Knights, thus incorporated, should be selected from the different nations who were engaged, in order that assistance might be more readily given to their respective countrymen. Hence, a certain number were elected, who spoke the common tongue of such nation; and thus, in process of time, the term tongue was substituted for that of country. By the original constitution of the Order of St. John of Jerusalem, it consisted of eight nations, or tongues as they were technically stiled, viz. Provencal, Auvergne, France, Arragon, Castile, Italian, German, and English. The latter nation was severed from the Order during the reign of Henry the Eighth, when the Reformation, and consequent schism with the church of Rome, took place. Of the seven remaining tongues, or nations, the three first were latterly wholly French, and, as such, constituting but one interest; the countries of Auvergne and Provence having merged, either by conquest or union, into that of France. With such a weight in the deliberations of the Order, it was to be expected that the interests and wishes of France should meet with a preference on all occasions. To destroy this influence was the obvious policy of our country, and it was expected to have been fully effected by the alteration which it was agreed to introduce into the constitu tion of the Order.

force which is to be provided by his Sicilian Majesty, as is here. after stipulated, shall have arrived there.

5. One half of the garrison, at least, shall be always composed of native Maltese; for the remainder, the Order may levy recruits in those countries only which continue to possess the tongues. The Maltese troops shall have Maltese officers. The commander-inchief of the garrison, as well as the nomination of the officers, shall pertain to the Grand Master; and this right he cannot resign, even temporarily, except in favour of a knight, and in concurrence with the advice of the council of the Order.

6. The independence of the Isles of Malta, of Goza, and Comino, as well as the present arrangement, shall be placed under the protection and guarantee of France, Great Britain, Austria, Spain, Russia, and Prussia.

7. The neutrality of the Order and of the Island of Malta, with its dependencies, is proclaimed.

8. The ports of Malta shall be open to the commerce and the navigation of all nations, who shall there pay equal and moderate duties; these duties shall be applied to the cultivation of the Maltese tongue, as specified in paragraph 3, to that of the civil and military establishments of the island, as well as to that of a general lazaretto, open to all colours.

9. The States of Barbary are excepted from the conditions of the preceding paragraphs, until, by means of an arrangement, to be procured by the contracting parties, the system of hostilities which subsists between the States of Barbary and the Order of St. John, or the powers possessing the tongues, or concurring in the composition of the Order, shall have ceased.

10. The Order shall be governed, both with respect to spirituals and temporals, by the same statutes which were in force when the knights left the isle, as far as the present Treaty shall not derogate from them.

11. The regulations contained in paragraphs 3, 5, 7, 8, and 10, shall be converted into laws and perpetual statutes of the Order, in the customary manner; and the Grand Master, or (if he shall not be in the island at the time of its restoration to the Order), his representative, as well as his successors, shall be bound to take an oath for their punctual observance.

12. His Sicilian Majesty shall be invited to furnish two thousand men, natives of his states, to serve in garrison of the different fortresses of the said islands. That force shall remain one year, to bear date from their restitution to the knights; and if, at the expiration of this term, the Order should not have raised a force sufficient, in the judgment of the guaranteeing powers, to garrison the island and its dependencies, such as is specified in paragraph 5, the Neapolitan troops shall continue there until they shall be replaced by a force deemed sufficient by the said powers.

13. The different powers, designated by paragraph 6, to wit, France, Great Britain, Austria, Spain, Russia, and Prussia, shall be invited to accede to the present stipulations.

Article XI. The French troops shall evacuate the kingdom of Naples and the Roman States; the English forces shall also evacu ate Porto Ferrajo, and generally all the ports and islands that they occupy in the Mediterranean or the Adriatic.

Article XII. The evacuations, cessions, and restitutions, stipu. lated by the present Treaty, shall be executed in Europe within a

month;