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that the clerks had only just arrived, and that M. Talleyrand was gone to St. Cloud, not to return till four o'clock.

At half after five we received from Messrs. Clarke and Champagny an official note (marked C.) Immediately upon the receipt of this note, we wrote the inclosure (marked D.) to M. Talleyrand, and received from him at nine o'clock an answer (marked E.) which is also inclosed.

The inclosure (marked F.) is the reply to the official note which we intend to send the moment it can be copied.

Addition by the earl of Yarmouth. As the French government has in every instance admitted the exactness of the communications made by me, I beg leave, in addition to this dispatch, to remark that the intention expressed to me by the French government, as that which made them prefer communicating through my channel rather than on paper, was the expressing to his majesty's government their readiness to restore his majesty's German dominions in toto, but that for obvious reasons this could not be expressed on paper till every other condition of the treaty should be settled.

First Inclosure (A.) is a Copy of a Note from the Earls of Lauderdale and Yarmouth to M. Talleyrand, dated August 10,1806, demanding passports.

Second Inclosure (B.) is a Copy of a Note from the Earls of Lauderdale and Yarmouth to M. Talleyrand, dated August 11, 1806,Stating that passports were demanded for themselves on two several days, and no answer received, and renewing the demand.

Third Inclosure (C.)

Copy of a Note from Messrs. Champagny and Clarke to the Earls of Lauderdale and Yarmouth, dated August 11, 1806.


Paris, August 11, 1806.

The undersigned ministers plenipotentiary of his majesty the cm. peror of the French, king of Italy, have read with attention the note dated the 9th of August, addressed to them by their excellencies the plenipotentiaries of his majesty the king of the united kingdoms of Great Britain and Ireland, in which they again propose the uti possidetis as the basis of the negotiation.

The French plenipotentiaries know not, whether, by the adop. tion of this principle, England would obtain the right of exacting from the French government for herself and her allies, every restitution which may suit her convenience, without being bound to make any restitution to France and her allies of the conquests which she bas made. This demand would be so extraordinary, that it would be equivalent to saying that France should sign all the conditions which it may please the English plenipo. tentiaries to commit to writing. One cannot suppose that such is really the intention of the English ministry. They have not sent over plenipotentiaries for the sole purpose of requiring the admission of an indefinite basis, which would render them masters of all the conditions of the treaty. In a state of things so obscure, the French plenipotentiaries demand such expla nations as may enable them to understand, and to proceed in the negotiation. These consist in making known what are the conquests

which England wishes to keep, what are those which she will restore to France and her allies, and what conquests of France she requires to be restored. This will unfold a system of compensation, which may give a clear idea of the principles and intentions of the British cabinet. The French plenipotentiaries will then know what engagements they contract in adopting the basis which is proposed to them; for they can certainly never consent to this adoption without knowing what is demanded of them.

In laying down the principle of uti possidetis, have the English plenipotentiaries had it in view to propose a means of exchange and of compensation? If this is their meaning the emperor adopts it, because it appears to him conformable to the two principles already agreed upon by both parties, in the letters of the French minister for foreign affairs, and of the English secretary of state for the department of foreign affairs, viz.

1st, To the principle laid down by Mr. Fox in his letter of the 26th March last, "that the object of both parties ought to be that the peace should be honourable for both, and their respective allies; and at the same time of a nature to insure, as far as should be in their power, the future tranquillity of Europe."

2d, To the principle subjoined to the preceding by the minister for foreign affairs, in his letter of the 2d June following, which consists of an acknowledgment, in favour of the two parties, of the full right of intervention and of guaranty in continental and in maritime affairs.

The undersigned take this oppor

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Sixth Inclosure (F.) Copy of a Note from the Earls of Lauderdale and Yarmouth to Messrs. Champagny and Clarke, dated August 11, 1806. (Translation.)

Paris, August 11, 1806. 11 o'clock, P. M. The undersigned plenipotentiaries of his Britannic majesty would not have delayed their answer to the note of this day's date, addressed to them by their excellencies the plenipotentiaries of the French govern. ment; but as their reiterated demands to his excellency the minister for foreign affairs for passports even for their messenger, remained unanswered, they thought it right first to ascertain whether they were still to enjoy an open and uninterrupted communication with their government, such as, in similar cases, has always been permitted by every government in Europe.

The explanations which the un. dersigned have received from his ex3C 4 cellency

cellency the minister for foreign affairs, induce them to hope that a like delay will, on no occasion whatever, again take place.

After having maturely considered the note of their excellencies the plenipotentiaries of the French government, the undersigned have to remark, that the British government, far from pretending to "exact from the French government every restitution which may suit their convenience, without being bound to make any restitution to France," never expressed any other wish than that of treating with the French government on the basis which was proposed to them by France herself; as it is expressed in the note of lord Lauderdale, viz. " to treat generally upon the basis of uti possidetis, which was to be scrupulously observed, except in the case of Hanover, which was proposed to be ceded to his Britannic majesty with all its dependencies."

They must also observe, that if it were possible to mistake the result which would necessarily follow from this principle, the verbal discussions which took place on the 9th instant, between the French plenipotentiaries and the undersigned, leave no room for doubt, whether the propo-ition thus laid down was perfectly understood by those plenipotentiaries.

The undersigned have therefore only to repeat, that they cannot, consistently with the instructions of their government, do otherwise than insist upon the previous recognition of this principle. It is on this condition alone that they are authorized to continue the negotiation.

As soon as this principle shall be agreed to, the undersigned will be ready to proceed to the discussion of

the other points mentioned in the note of lord Lauderdale.

It only remains for the undersigned to add, that if the French government expresses a disposition to adhere to the proposal, such as his Britannic majesty understands it to have been made by them, they shall congratulate themselves as on a most fortunate event; an event which promises, (according to the expres sion of Mr. Fox, quoted by their excellencies,)" a peace honourable for the two nations, and at the same time of a nature to insure the future tranquillity of Europe." (Signed)

Lauderdale. Yarmouth.

No. XXXVII. Extract from a Dispatch from Mr. Secretary Fox to the Earls of Laxderdale and Yarmouth, dated Downing-street, August 14, 1806. Downing-street, August 14, 1806. MY LORDS,

The messenger, Basilico, arrived here early this morning, with the dispatches with which your lordships had charged him; and, although it appears most probable, that, before he can again reach Paris, your lordships will be no longer there, yet, as there is still a possibility, from the last note from the French plenipotentiaries, that the negotiation may proceed on the basis pointed out for it by your instructions, it has been judged proper that no time should be lost in redispatching him, in order that you may be apprised of his majesty's full approbation of the tenour of the different notes which have been delivered on your part since the earl of Lauderdale's arrival at Paris. As no other point but that of the ge

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neral basis of negotiation has yet been brought into discussion, nothing need be added to the former instructions, by which the course of any further discussions that may take place is still to be entirely guided.


Copy of a Dispatch from Mr. Secretary Fox to the Earls of Lauder. dale and Yarmouth, dated Downing-street, August 14, 1806. Downing-street, August 14, 1806. My Lords,

His majesty's servants have observed, from the dispatches received this day, that some insinuation has been thrown out by the French government, of a disposition on the part of this country to gain some unfair advantage by the employment of two plenipotentiaries in the present discussions. That government has since taken the obvious mode of counteracting this advantage (if any such there was) by naming, on their part also, a second plenipotentiary. But, the king's government is desirous, while it adheres steadily to the substance of those points which are thought fit to be insisted on for the honour and interest of his majesty's crown, to leave no pretence for cavils as to the form in which these discussions are carried on. The advantage which was to be looked to from the personal share which the earl of Yarmouth originally had in these transactions, as the bearer of the overtures made by France, has now ceased; and, while his lordship has, on the one hand, properly recorded his decisive testimony as to the reality of these overtures, and as to the exact terms of peace so

offered, the French government has, on the other hand, not only refused to adhere to those offers, but has expressly declared, that they never can even have entered into their thoughts. * Jamais il n'a pu venir dans la pensée de sa majesté l'empereur des François Roi d' Italie de prendre pour base de la né, gociation l' uti possidetis."

In this state of things, the king's servants are not aware of any benefits that would be likely to result to his majesty's service from imposing on lord Yarmouth any further duty in this respect; nor do they wish that any such ground for cavil as I have before alluded to, however unfounded it would be, should be left to the cuemy.

They have, therefore, submitted it as their humble advice to his majesty, that, in case of the continuance of the negotiations, the French minister should be informed, that they will henceforth be conducted by the carl of Lauderdale alone, the earl of Yarmouth having obtained his majesty's gracious permission to return to England; but that, his majesty does not, on his part, make any objection to lord Lauderdale's treating with both the persons who have been named by the French goverument for that trust:-A proof perfectly decisive, in all its parts, that no unfair advantage, such as the French government appears to apprehend, can have been in the king's contemplation.

I am, &c.
C. J. Fox.


Copy of a Dispatch from the Earl of Lauderdale to Mr. Secretary Fox, dated

It never could have entered into the thoughts of his najesty the emperor the French, king of Italy, to take for basis of the negotiation, the ut possidetis.

dated Paris, August 16, 1806.Received August 19.


Paris, 16 August, 1806.

The note to the plenipotentiaries of the French government, dated the 11th, of which a copy marked (F) was sent in my dispatch of the 11th instant, was delivered early in the morning of the 12th, as you will see from the inclosed receipt (marked A.)

No answer having been received, it was thought proper, on the 14th, to send to his excellency the minister for foreign affairs, a letter, of which a copy is also inclosed (marked B.)

No answer to the official note transmitted to the plenipotentiaries of the French government on the morning of the 12th, has yet been given; and general Clarke, upon whom lord Yarmouth and I waited this morning merely for the purpose of shewing him a mark of attention, informed us, that it was in the possession of the emperor, who had not as yet signified his pleasure on the subject.

At one o'clock we received a note from M. Talleyrand (marked C.), and nearly at the same time another (marked D.), from general Clarke.

Copies of both these are herewith transmitted.

I think it evident from what ge. neral Clarke says, that no communication will be made for two days. There is perhaps nothing sufficiently important to authorize my sending a courier. Indeed, my prinipal motive for doing so is to quiet the anxiety which you naturally feel from receiving no information for so many days, concerning the

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We think it our duty to acquaint your excellency, that early in the morning of the 12th instant, we transmitted to their excellencies the French plenipotentiaries, a note in answer to that of their excellencies received on the 11th instant. In this answer, we endeavoured again to set forth the points which appear. ed to us to require, in some form or other, a previous explanation, to au thorize us, in conformity to our instructions, to pursue the present negotiation.

The silence of their excellencies the plenipotentiaries in this respect, gives us reason to presume that we must not, at the present moment, expect such an explanation on their part.

Impressed with this idea, we desire to put an end to the general expectation of both nations, considering the slight appearance there is of seeing it realized. We feel that the demand which we make, under such circumstances, of passports for our return, may be susceptible of interpretations of a nature to retard the


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