This ftile, which is fo little conformable to the propofitions of France, betrays the averfion of the Court of London to peace. The King, who is very far from infifting on forms, when the happinefs of Europe is at stake, has ufed every endeavour in the answer to the Ultimatum, which, without injury to the honour of his Crown, were judged most effectual to recal the British Court to fenti ments of pacification: your Excellency will judge, from the Ultimatum of France, that I am ordered to acquaint you with what facility the King, forgetting the imperative ftile, fo unfit for negociation, which England makes ufe of in her anfwers, enters into the views of the British Court, and endeavours, by the facrifices he makes, to engage them to adopt the ftipulations of a reasonable

peace.

If your Excellency is defirous of having a conference with me on the fubject of the Ultimatum, I will attend your commands, and I fhall be very earnest to teftify the difpofition of my Court, to make a happy iffue of the negociation on foot, as alfo the peculiar regard' with which, &c.

At length, as the British Miniftry had feemed to refent the memorial relative to Spain, his Catholick Majefty authorifes his Ambaffador at London, the Count of Fuentes, to remit the following note to Mr. Pitt, which is the interpretation of the memorial.

Note of the Spanish Ambassador to Mr. Pitt.

THE

HE moft Chriftian King, who wishes to make the peace, concerning which he propofed to treat with England, at once effectual and durable, entruftéd his intentions with the King my mafter, expreffing the pleasure with which he embraced that opportunity of acknowledging his fenfe of the reiterated offers which his Catholick Majefty had made both to him and England, in order to facilitate a juft and lasting reconciliation.

It is from thefe principles of fincerity that the Most Christian King propofed to the King my mafter the

K 4

guaranty

guaranty of the treaty of peace, as a measure which might be equally convenient to France and England, and at the fame time affured him of his fincere intentions with respect to the facrifices he proposed to make, in order to restore tranquillity to Europe by an honourable and lafting peace.

Such a proceeding of his Moft Christian Majesty could not but be highly acceptable to the King my mafter, who found it agreeable to his own fentiments, and to his defire of fulfilling, on his part, with the moft diftinguished conformity, all the connections which unite them both by ties of blood and their mutual intereft; and, moreover, he perceived in the difpofition of the King of France, that magnanimity and humanity which are natural to him, by his endeavours, on his fide, to render the peace as permanent as the vifficitudes of human affairs will admit of.

It is with the fame candour and fincerity that the King my mafter expreffed in confidence to the Moft Christian King, that he wished his Britannick Majesty had not made a difficulty of fettling the guaranty, on account of the grievances of Spain with England, as he has all the reafon to conclude that his Britannick Majefty has the fame good intentions to terminate them amicably, according to reason and juftice.

The confidence which the King my mafter repofed in France, gave that Court room to teftify to his Britannick Majefty the fincerity of their intentions for the re-establishment of peace; fince, by propofing the guaranty of Spain, they expreffed their fincere defire of feeing the interests of Spain fettled at the fame time, which might one day rekindle the flames of a new war, which at prefent they wish to extinguifh.

If the intentions of the Moft Chriftian King and the King my mafter did not feem fraught with fincerity, the King my mafter flatters himself, that his Britannick Majefty will do him the juftice to confider his in that light; fince, if they were founded on any other principle, his Catholick Majefty, giving full fcope to his greatnefs, would have spoken from himfelf, and as became his dignity.

I muft

I must not omit to inform you, that the King my master will learn with furprife, that the memorial of France could raise a fentiment in the breast of his Britannick Majefty entirely oppofite to the intentions of the two Sovereigns.

But his Catholick Majefty will always be pleased, whenever he fees that they make that progrefs which he has ever desired, in the negociation of peace, whether it be separate between France and England, or general; as his fincere wishes are to make it perpetual, by obviating every fource which might hereafter unhappily renew the war.

For this reason, the King my mafter flatters himself that his Britannick Majefty, animated with the fame fentiments of humanity towards the publick tranquillity, will express the fame intentions of terminating the difputes of England with a power which has afforded fuch reiterated proofs of her friendship, at the fame time that it is propofed to restore peace to all Europe in general.

The King ordered M. Buffy, by the instructions which were fent to him with the Ultimatum, to agree to the ceffion of Canada, in the full extent which England defired it, fo that the fishery on the coaft and in the Gulph of St. Lawrence was maintained to France; and that England would appoint a port in that part, which might be fubject to the fovereignty of his Majefty, and ferve the French fishermen for a fhelter.

M. Buffy had in charge to agree upon the limits of Canada and Louifiana, according to the English map, though very unfavourable to the rights and poffeffions of France. With regard to Africa, the King's Minifter was authorised to confent to the ceffion required by England, fo that the exportation of negroes might be confirmed to France by fome expedients equally eafy and fure; and his Majefty made the facrifice of Dunkirk, in compenfation of the fecurity of fishing in the Gulph of St. Lawrence, in favour of his fubjects.

As to what concerns Afia, the King authorised M. Buffy to agree that the French and English India companies fhould adjuft their respective interefts among themselves, upon condition that they fufpend hoftilities

during the negociation, and that the advantages on either fide fhould be confidered as a compenfation with regard to the refpective interefts of the two Crowns.

The King infifted, in the inftructions he fent to his Minifter at London, upon the article refpecting the restitution of the French veffels taken before the war by the English marine. His Majefty's love for, his fubjects would not allow him to omit any thing to alleviate the diftreffes which feveral towns in his kingdom fuftained by means of thofe illegal captures. M. Buffy had even orders to prefent the following memorial on that fubject.

Memorial concerning the Veffels taken before the War.

Concerning the reclaim of the Prizes made before the Declaration of the War.

The

HE reclaim of the captures made by the English before the declaration of war, is founded on the treaties of Utrecht and Aix la Chapelle.

It is not neceffary to conteft the principle that the right of exercising hoftilities does not always refult from the formality of a declaration of war; but as it is impracticable for two Princes who make war on each other, to agree between them which is the aggreffor with regard to the other, equity and humanity have dictated thefe precautions, that where an unforeseen rupture happens fuddenly, and without any previous declaration, foreign veffels, which, navigating under the fecurity of peace and of treaties, happen at the time of the rupture to be in either of the refpective ports, fhall have time and full liberty to withdraw themfelves.

This wife provifion, fo agreeable to the rules of good faith, conftitutes a part of the law of nations,, and the article of the treaty which fanctifies thefe precautions ought to be faithfully executed, notwithstanding the breach of the other articles of the treaty, which is the natural confequence of the war.

The Courts of France and Great Britain ufed this falutary precaution in the treaties of Utrecht and Aix la Cha

pelle;

pelle; in the firft, by the nineteenth article of the treaty of peace, and in the fecond of the treaty of Commerce: in the fecond, by the third article which renews and confirms the first.

If thefe treaties allow a protection to the refpective fubjects who may have fhips in the ports of either of the powers, because, having no opportunity of knowing that a rupture has fallen out, they failed under the fecurity of peace and under the faith of treaties; by a parity of reafon, all the other subjects who are not inhabitants of the refpective ports, who have fhips at fea, fhould enjoy the fame fecurity for their veffels, in whatever part of the fea they fhould be failing, otherwife it would follow, that the Sovereigns provide for the prefervation of one part of their fubjects from the miferies of a fudden rupture, to which they expose the reft, which is abfolutely repugnant to the humanity of Sovereigns, and contrary to right reafon.

It is upon this principle that the King of France restored to England the English Veffels which were found in the 'ports of France lat the time of the rupture, or taken at fea before the declaration of war.

If his Majefty had not caufed thofe veffels to be restored, his Britannick Majefty might have alledged that he retained the French veffels by way of reprifals; but the punctuality of France in conforming to the treaties of Utrecht and Aix la Chapelle, and to the principles refulting from thence, give England no pretence for refufing to fulfil engagements which are reciprocal..

The Court of France therefore does not doubt but that the Court of England will agree to order the reftitution of the fhips taken by the English from the French before the declaration of the war.

The King likewife ordered his Minister to reprefent, with its full force, the utility which would redound to the two Crowns by the total defertion of the war in Germany. His Majefty moreover required M. Buffy, after having ufed his utmost endeavours to perfuade the British Ministry to acquiefce in propofitions fo advantageous to England, to wait for freth instructions, if the Court of London fhould refufe the conditions offered in the Ultimatum of

France,