any account, to be directly, or by neceffary confequence, ceded to France, even admitting them to be included in the limits of Louisiana.

3. Senegal, with all its Rights and Dependencies upon the River which bears its name, fhall be ceded to Great Britain, in the moft full and ample manner; as alfo the Inland of Goree, fo effentially connected with Senegal.

4. Dunkirk fhall be reduced to the condition in which it ought to have been after the Treaty of Utrecht, without. which no peace can be concluded; and upon that condition only can his Majefty ever confent to enter on the confideration of the demand which France has made, viz. The restitution of the privilege granted by the thirteenth article of the said treaty, with certain limitations and under certain restrictions, for the fubjects of France to fish and dry their fish on part of the Banks of Newfoundland.

5. Though the titles by which the Kingdom of Great Britain has, on many occafions, maintained its right to the Inlands of St. Lucia and Tobago, have never yet been refuted; and though his Majefty by force of arms has acquired poffeffion of St. Dominica, and of the French Colony established before the commencement of the war; nevertheless his Majefty, from that principle of moderation which is fo becoming to Kings, will confent to an equal partition of the four Islands commonly called the Neutral › Iflands, which partition fhall be regulated in the ensuing treaty.

6. The Island of Minorca fhall be immediately.reftored in the condition it was at the time of its being taken, together with the artillery, &c. appertaining to that island.

7. France fhall immediately reftore and evacuate the conquefts she has made over his Majefty's Allies in Germany; that is to fay, of all the States and Countries appertaining to the Landgrave of Heffe, to the Duke of Brunswick, and to the Electorate of Hanover, as alfo of Wefel, and of all the places and territories belonging to the King of Pruffia, in poffeffion of the arms of France. In a word, France fhall make a general evacuation of all her conquests on the fide of Heffe, Weftphalia, and its

countries.

8. The

8. The King of Great Britain, on his part, agrees to furrender to his Moft Chriftian Majefty, 1. The important conqueft of Belleifle. 2. His Majefty likewife consents to furrender to the Moft Chriftian King the opulent ifland of Guadaloupe, with that of Marigalante.

9. The treaty concluded between Meffrs. Saunders and Godeheu cannot be admitted as the basis of the re-eftablifhment of the peace in Afia, because that provifional treaty has had no confequences, and becaufe thofe provifions are by no means applicable to the prefent ftate of affairs in the Indies, by the final reduction of the poffeffions and fettlements of the French company in the East Indies; but as the perfect and final fettlement with regard to that country can only be made in conformity to certain rights abfolutely appertaining to the English company, and as the King cannot justly difpofe of their rights without their confent, it must neceffarily be left to the companies of the two nations to adjust the terms of accommodation and reconciliation according to thofe rules of reafon and justice which the ftate and circumstances of their affaires may require and mutually point out ; provided, nevertheless, that thofe conditions are not repugnant to the defigns and equitable intentions of their Sovereigns for the peace and reconciliation of the two Crowns.

10. The demand of the reftitution of the captures at. fea before the declaration of war cannot be admitted; fuch a claim not being founded on any particular convention, and by no means refulting from the law of nations, as there is no principle more conteftible than this, viz. that the abfolute right of all hoftile operations does not refult from a formal declaration of war, but from the hostilities which the aggreffor has first offered.

11. As the indifpenfable care which is due from his Majely to his people, and the juft and invincible motives which concern the prefervation and fecurity of his kingdoms, authorised by the moft formal ftipulations of folemn treaties (viz. thofe of Radftadt, and the Barriere) and even by the exprefs and irrevocable conditions of the ceffion of the Low Countries, will not allow France to retain poffeffion of Oftend and Newport, the two places aforefaid

fhall

fhall be evacuated, without delay, by the French garrifons; it is for this reafon declared, that the reftitutions fpoken of in the preceding articles of this memorial, and particularly the convention which is to be framed and regulated with refpect to the Indies, cannot take place till the aforefaid evacuation of Oftend and Newport shall be faithfully executed.

12. The ceffation of arms between the two crowns shall be fixed and take place on the day of the ratification of the preliminaries, or of the definitive treaty, and all the articles relative to the ceffation of hoftilities, fhall be fettled and take place, according to common ufage in fuch cafes, and as the circumftances in different parts of the world fhall require.

13. His Majefty having, from the firft overtures made on the part of France, declared, that in cafe the feparate peace between the two crowns fhould be concluded, his Majefty will continue, as an auxiliary, faithfully to affiit the King of Pruffia with efficacy and good faith, in order to accomplish the falutary purpose of a general pacification in Germany; it fhall be free to Great Britain and France, to support, as auxiliaries, their respective allies, in their particular contefts for the recovery of Silefia, pursuant to the refpective engagements which thofe Crowns have en

tered into.

14. The prifoners taken on one fide and the other, both by fea and land, fhall be released in the ufual manner, faving the terms which may exift by virtue of fome cartel or fome convention, which may have relation to this particular.

Thefe articles are not digefted into the form, nor in the detail of articles of peace; but it is hoped that, with regard to effential points, this memorial has that precifion and perfpicuity which leaves nothing doubtful, and which evidently demonftrates the fincerity and perfeve rance of his Majesty's difpofition with refpect to his intentions and refolutions for the accomplishment of fo great a bleffing as that of an entire peace between the

two crowns.

The first article of this sketch entirely deprived the French of the liberty of fishing for cod; and the demo

lition

lition of Dunkirk required in the 4th article, only reftored this liberty in part, with certain limitations, and under certain reftrictions, which were not explained.

From the fecond article one might infer that England pretended, not only to keep an exclufive poffeffion of all Canada, but also to make herself mistress of all the neutral countries between Canada and Louifiana, to be nearer at hand in order to invade the laft colony when the shall think proper.

The third article confirmed the entire poffeffion of the African coaft in favour of the English, and deprived the French of all fettlement in that part for the Negro trade. The ninth entirely annihilated the French Eaft-India Company.

The feventh and thirteenth did not appear conclufive. In fact, by the firft, England propofed that France fhould evacuate Germany, and in the fecond fhe agreed, that the two Crowns fhould fupport their allies in that part of Europe.

These answers, and all those which England has made in the course of the negociation, evidently manifest that the Court of London is averfe to all reconciliation.

The articles which declare the advantages which England would fecure, are clear, decifive, and even dictatorial; thofe which concern the interests of France are obfcure, fubject to various conftructions, and leave a train of difcuffions, which, by leaving the fource of the war ftill fubfifting, would ftill have redounded to the prejudice of France, if she had agreed to admit the claims of England.

These reflections did not escape his Majefty's penetration. Nevertheless his Majefty unwilling to take upon himself the rupture of a negociation, which, on his part, propofed the welfare of minkind, he ordered a reply to be made to the answer from England, article by article, in the following memorial, in the form of an Ultimatum.

Ultimatum

Ultimatum of France in reply to that of England, of 5th of Auguft, 1761.

Ultimatum of the Court of France, as a reply to the Ultimatum of the Court of England, remitted to the D. de Choiseul by Mr. Stanley.

T

HE King renews the declaration which he made to his Britannick Majefty to the memorial of propofitions for peace which has been tranfmitted to Mr. Stanley, and to which the Court of England has given no anfwer, either by word of mouth or in writing: his Majefty again declares, that if the negociation entered into at Paris and at London, for the re-establishment of peace between the two Crowns, has not the defired fuccefs, all the articles agreed to at that negociation by France cannot be reprefented, on any occafion, as fettled points, any more than the memorial of the month of March last, relative to the Uti poffidetis.

1. The King consents to cede Canada to England in the moft extenfive manner, as fpecified in the memorial of propofitions; but his Majefty will not recede from the conditions he has annexed to the fame memorial relative to the Catholick religion, and to the power, facility, and liberty of emigration from the antient fubjects of the King. With regard to the fishery in the gulph of St. Lawrence, the King means to maintain the immemorial right which his fubjects have of fishing in the said gulph, and of drying their fish on the banks of Newfoundland, as it was agreed by the treaty of Utrecht. As this privilege would be granted in vain, if the French veffels had not some shelter appertaining to France in the gulph, his Majefty propofed to the King of Great Britain the reftitution of the island of Cape Breton; he again proposes, either that island or St. John, or fuch other port, without fortification, in the gulph, or within reach of the gulph, which may serve the French as a shelter, and fecure to France the liberty of fishing, from whence his Majefty has no intention to recede.

VOL. III.

K

2. The