Research Subjects: Government & Politics


Article I

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XIV | XV


The Treaty of London

Preliminary Articles of Peace between his Britannic Majesty and the French Republic. Signed at London (in English and French), the 1st of 0ctober, 1801, the 9th Vendemiaire, year 10 of the French Republic.

His majesty the king of the united kingdom of Great Britain and Ireland, and the first consu1 of the French republic, in the name of the French people, being animated with an equal desire of putting an end to the calamities of a destructive war, and of re-establishing union and good understanding between the two countries have named for this purpose; namely his Britannic majesty, the right honourable Robert Banks Jenkinson commonly called lord Hawksbury, one of his Britannic majesty's most honourable privy council, and his principle secretary of state for foreign affairs; and the first consul of the French republic, in the name of the French people, citizen Lewis William Otto, commissary for the exchange of French prisoners in England; who, after having duly communicated to each other their, full powers, in good form, have agreed on the following preliminary articles:

Art. I. As soon as the preliminaries shall be signed and ratified sincere friendship shall be re-established between his Britannic majesty and the French republic, by sea and by land, in all parts of the world; and in order that all hostilities may cease immediately between the two powers, and between them and their allies respectively, the necessary instruction shall be sent with the utmost dispatch to the commanders of the sea and land forces of the respective states, and each of the contracting parties engages to grant passports, and every facility requisite to accelerate the arrival and ensure the execution of these orders,- It is farther agreed, that all conquests which may have been made by either of the contracting parties from the other, or from their respective allies, subsequently to the ratification of the present preliminaries, shall be considered as of no effect, and shall be faithfully comprehended in the restitutions to be made after the ratification of the definite treaty.

II. His Britannic majesty shall restore the French republic and her allies; namely, to his catholic, majesty, and to the Batavian republic, all the possessions and colonies occupied or conquered by the English forces in the course of the present war, with the exception of the island of Trinidad, and the Dutch possessions in the island of Ceylon, of which island and possessions his Britannic majesty reserves to himself the full and entire sovereignty.

III. The port of the Cape of Good Hope shall be open to the commerce and navigation of the two contracting parties, who shall enjoy therein the same advantages.

IV. The island of Malta, with its dependencies, shall be evacuated by the troops of his Britannic majesty, and restored to the order of the knights of St. John of Jerusalem. For the purpose of rendering this island completely independent of either of the two contracting parties, it shall be placed under the guarantee and protection of a third power, agreed upon in the definitive treaty.

V. Egypt shall be restored to the sublime Porte, whose territories and possessions shall be preserved entire, such as they existed previously to present war.

VI. The territories and possessions of her most faithful majesty shall likewise be preserved entire.

VII. The French forces shall evacuate the kingdom of Naples and the Roman territory. The English forces shall in like manner evacuate Porto Ferrajo, and generally all the ports and islands which they may occupy in the Mediterranean, or in the Adriatic.

VIII. The republic of the Seven Islands shall be acknowledged by the French republic.

IX. The evacuations, cessions and restitutions, stipulated for by the present preliminary articles, shall take place in Europe within one month; and the continent and seas of America and of Africa, within three months; and in the continent and seas of Asia, within six months after the ratification of the definite treaty.

X. The prisoners made respectively shall, immediately after the exchange of the ratifications of the definite treaty, shall be restored and without ransom, on paying reciprocally the debts which they may have individually contracted. Discussions having arisen respecting the payment of the maintenance of the prisoners of war, the contracting powers reserve this question to be settled by the definite treaty, according to the law of nations, and in conformity to established usage.

XI. In order to prevent all causes of complaint and dispute which may arise on account of prizes which may be made at sea after the signature of the preliminary articles, it is reciprocally agreed that the vessels and effects which may be taken in the British channel and in the north seas, after the space of twelve days, to be computed from the exchange of the ratifications of the present preliminary articles, shall be restored on each side; that the term shall be one month from the British channel and the north seas as far as the Canary islands inclusively, whether in the ocean, or in the Mediterranean; two months from the said Canary islands as far as the equator; and, lastly. five months in all other parts of the world, without any exception, or any more particular description of time or place.

XII. All sequestrations imposed by either of the parties on the funded property, revenues, or debts, of any description, belonging to either of the contracting powers, or to their subjects or citizens, shall be taken off immediately after the signature of the definitive treaty. The decision of all claims brought forward by individuals of the one country against individuals of the other for private rights, debts, property, or effects whatsoever, which, according to received usages and the law of nations, ought to revive at the period of peace, shall be heard and decided before the competent tribunal; and in all cases prompt and ample justice shall be administered in the countries where the claims are made. It is agreed, moreover , that this article, immediately after the ratification of the definite treaty, shall apply to the allies of the contracting parties, and to the individuals of the respective nations, upon the condition of a just reciprocity.

XIII. With respect to the fisheries on the coasts of the island of Newfoundland, and of the islands adjacent, and in the gulph of Saint Lawrence, the two parties have agreed to restore them to the same footing on which they were before the present war, reserving to themselves the power of making, in the definitive treaty, such arrangements as shall appear just and reciprocally useful, in order to place the fishing of the two nations on the most proper footing for the maintenance of peace.

XIV. In all the cases of restitution agreed upon by the present treaty the fortifications shall be delivered up in the state in which they *?* may be at the time of the signature of the present treaty, and all the works which shall have been constructed since the occupation shall remain untouched.

It is further agreed, that in all the cases of cession stipulated in the present treaty, there shall be allowed to the inhabitants of whatever condition or nation they may be, a term of three years, to be computed from the notification of the definitive treaty of peace, for the purpose of disposing of their properties, acquired and possessed either before of during the present war; during which term of three years they may have the free exercise of their religion and the enjoyment of their property.

The same privilege shall be granted in the countries restored to all those who shall have make there 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 the persons or properties under any pretext, on account of their conduct or political opinions, or their attachment to either of the two powers, nor on any other account except that of debts contracted to individuals, or on account of acts posterior to the definitive treaty.

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 Vendemiaire, year ten of the French republic.

(L.S.) Hawkesbury.

(L.S.) Otto.


 

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