Mr. Stanley took notes of thefe overtures, which were made by the D. de Choifeul, who told him moreover, that the propofitions made to the English Minifter could only be confidered as intimations of conditions which might poffibly be agreed to, and as preliminary steps to the memorial which France determined to tranfmit to the court of London in form, if the points difcuffed in the conference of the Duke de Choifeul with Mr. Stanley fhould be thought proper to ferve as a bafis for the negociation of peace.

The anfwer from England arrived the 30th of June. Mr. Stanley had a conference with the Duke de Choifeul refpecting this anfwer; and in the courfe of that conference he started three difficulties on the part of his court. The first concerned Cape Breton. England abfolutely refused to cede that ifland to France, even upon the condition that no military establishment whatever should be kept on foot there. Mr. Stanley intimated, that his court had no intention of reftoring any ifland or port in the gulph of St. Lawrence, or within reach of that gulph. He added, that England would make no difficulty of allowing the liberty of fifhing and drying the fifh on the fhores and coaft of Newfoundland; but that this would be granted on condition that Dunkirk was demolished, as it was ftipulated to have been by the treaty of Utrecht.

Till this moment no mention had been made of Dunkirk, either in what had paffed by word of mouth, or in writing, with relation to the peace between the two

crowns.

In fact, it was unjust to infift on this article, fince the court of London, having had this principle established, in treating of peace, to adhere to the memorial of Uti poffidetis of the 26th of March, they could not pretend that the prefent state of Dunkirk was comprized in the Uti poffidetis of France.

The liberty of fishing, and the fhelter without fortifications, was the compenfation for the ceffion of all Canada, and of the guaranty which France offered to make to England of that confiderable part of North America. The reftitution of the island of Minorca was certainly equivalent to the ceffion of Guadaloupe and Marigalante;

and

and the evacuation of Heffe and the other countries appertaining to the Elector of Hanover and to the Landgrave, was compenfated by the reftitution of Senegal and Goree, and Belleifle, which had been conquered fince the memorial of the 26th March, and after the propofition of the epochs propofed in that memorial.

Befides, France had declared, at the time of taking Belleifle, that she did not understand that conqueft was to have been an object of compenfation, and that the thought the keeping of Belleifle would be more expenfive than profitable to England.

Mr. Stanley, in oppofing the ceffion of Ifle Royal to France, abfolutely refused the reftitution of Senegal and Goree, pretending that Senegal could not be fecurely maintained without Goree; in the end, he infifted on the demolition of Dunkirk, as a condition abfolutely neceflary. The article relating to Germany was not negociated on his part; and after feveral conferences it was agreed that France fhould prepare a memorial of fpecific propofitions which fhould be fent to England. The memorial was drawn, and is here annexed.

TH

The French Memorial, 15th July, 1761.

HE negociations of peace entered upon between France and England, have proved that the Sovereigns fincerely wish to re-establish that union and amity, fo agreeable to humanity, between the two Crowns; and the refolution in which the King concurs, in conjunction which his Britannick Majefty, to terminate by a precife and durable treaty, the differences which have occafioned the prefent war, has determined his Majefty, always maintaining the spirit and letter of the declaration of the 26th of March laft, in relation to the means of procuring peace, to explain more precifely by this memorial the conditions which appeared to him moft proper to accomplish the defirable end which influences him as well as the King of England.

But the King declares, at the fame time that he entrusts this propofition with the King of Great Britain, that if it fhould not be accepted by his Britannick Majefty, or

fhould

should not ferve as a bafis for the negociation of the fu ture peace, the Court of London fhall in no circumftances take advantage of it, the faid propofition made in confidence to the King of Great Britain having no other object than the accelerating of a negociation in which the two Crowns are fo much interefted.

The Uti poffidetis expreffed in the declaration of the 26th March, is adopted on both fides; it would be difficult for either party to reject it; for though it was not expreffed, it was properly according to what they poffefs only either lawfully or by conqueft, that the parties can negociate together concerning peace, and the compenfations requifite for that purpose.

The periods of the Statu Quo, which form the fecond effential article in the declaration of the 26th March, and which have remained in negociation between the two Courts, have not yet been fettled. The Court of France has propofed the epochs of May, July, and September; that of England has propofed the epochs of July, September, and November. That queftion will be determined without farther negociation if the fcheme of the following treaty is adopted by the Court of London, for then all the epochs will be valid, as that of the peace will unite the fentiments and opinions of the two Kings.

It is the compenfations, therefore, which will determine the epochs and the peace, and it is to fettle them that his Majefty propofes the following articles to the King of Great Britain.

Article I. The King cedes and guaranties Canada to the King of England, fuch as it has been, and in right ought to be, poffeffed by France, without reftriction, and without the liberty of returning upon any pretence whatever against this ceffion and guaranty, and without in terrupting the Crown of England in the entire poffeffion of Canada.

II. The King, in making over his full right of fovereignty over Canada to the King of England, annexes four conditions to the ceffion. First, that the free exercise of the Roman Catholick religion fhall be maintained there, and that the King of England will give the most precife and effectual orders that his new Roman Catholick subjects

may

may, as heretofore, make publick profeffion of their feligion, according to the rites of the Roman Church.

Secondly, that the French inhabitants or others, who have been subjects of the King in Canada, may retire into the French colonies with all poffible freedom and fecu rity; that they may be allowed to fell their effects, and to tranfport their property as well as their perfons, without being reftrained in their emigration, on any pretence whatever (except for debt ;) and the English government fhall engage to procure them the means of transportation at as little expence as poffible.

Thirdly, that the limits of Canada, with regard to Louisiana, fhall be clearly and firmly established, as well as thofe of Louifiana and Virginia, in fuch manner, that after the execution of peace, there may be no more difficulties between the two nations, with respect to the conftruction of the limits with regard to Louisiana, whether with respect to Canada, or the other poffeffions of England.

N. B. M. Buffy has a memorial on the fubject of the limits of Louisiana, which gives him power to come to a final treaty on that article with the Miniftry of his Britannick Majefty.

Fourthly, that the liberty of fishing, and of drying their cod-fifh on the banks of Newfoundland, may be confirmed to the French as heretofore and as this confirmation would be illufory, if the French veffels had not a shelter in thofe parts appertaining to their nation, the King of Great Britain, in confideration of the guaranty of his new conquefts, fhall restore Ifle Royal, or Cape Breton, to be enjoyed by France in entire fovereignty. It is agreed, to fix a value on this reftitution, that France fhall not, under any denomination whatever, erect any fortifications on the ifland, and fhall confine herself to maintain civil establishments there, and the port for the convenience of the fishing veffels landing there.

III. France hall reftore to England the island of Minorca, and Fort St. Philip, in the fame condition it was in when it was conquered by the King's forces, together with the artillery belonging to England, which was in the fort at the time of taking the island. VOL. III.;

I

IV. In

IV. In confideration of this reftitution, England, in her turn, fhall reftore to France the islands of Guadaloupe and Marigalante; and thofe two islands fhall be ceded in the fame condition they were in at the time they were conquered by the arms of England.

V. The iflands called neuter, are Dominica, Saint Vincent, Saint Lucia, and Tobago. The two first are occupied by the Carribbees, under the protection of France, according to the treaty of 1660; they fhall remain in the condition they have been fince that treaty.

The Crown of England has not yet fhewn, any title, which gives them a right over the two laft; nevertheless,. it fhall be a matter of negociation between the two crowns, either that the four islands fhall remain abfolutely neuter, or that the two poffeffed by the Carribbees alone shall be declared neuter; and that England fhall enter into poffeffion, as fovereign, over the island of Tobago, in the fame manner as France over that of St. Lucia, faving, at all times, the right of a third perfon, with whom the two crowns will explain themselves, if fuch a right exifts.

VI. It would be advantageous for the companies of the two nations in the Eaft Indies to abstain for ever from all military views and conquefts, to restrain themselves, and mutually to affift each other in the bufinefs of commerce, which more properly belongs to them. The precife fituation in which the two nations ftand, is not known in France wherefore the King, in order to confine himself, in that refpect, to the object most useful, both for the present and hereafter, to the two companies, proposes to the King of England the treaty concluded between the Sieurs Godeheu and Saunders, as a bafis for the re-establishment of the peace of Afia.

VII. The colonies of South America, in poffeffion of the French, ncceffarily require negroes to cultivate them; the French fettlements of Senegal and Goree fupplied the wants of the French colonies in this refpect. England, in keeping thofe fettlements, would prejudice France, without procuring any pofitive advantages for herself; and the union which the two Sovereigns fo fincerely wish to establish between the two Crowns, leaves no room to fuppofe that the Court of London has any fuch intentions

of