other persons, of what nations foever, not to transport, or carry any foldiers, arms, powder, ammunition, or other contraband goods to any of the territories, lands, plantations, or countries of the faid king of Spain; declaring that whatfoever fhip or veffel fhall be met withal, tranfporting or carrying any foldiers, arms, powder, ammunition, or other contraband goods, to any of the territories, lands, plantations, or countries of the faid king of Spain, the fame being taken, thall be condemned as good and lawful prize. And whereas there may be remaining in our kingdom divers of the fubjects of the king of Spain, we do hereby declare our royal intention to be, that all the Spanish fubjects, who fhall demean themfelves dutifully towards us, Thall be fafe in their perfons and effects. Given at our court at St. James's, the fecond day of January, 1762, in the fecond year of our reign. GOD fave the KING. the denial for an aggreffion: and although, before this provocation was received, my patience was tired out with fuffering and beholding, on many occafions, that the English government minded no other law, but the aggrandizement of their nation by land,, and univerfal defpotifm by fea; I was nevertheless defirous to fee whether this menace would be carried into execution; or whether the court of England, fenfible of the inefficacy of fuch methods towards my dignity, and that of my crown, would not employ others that should be more fuitable to me, and make me overlook all thofe infults. But the haughtiness of the English was fo far from containing itfelf within juft bounds, that I have juft learnt, that on the fecond inftant a refolution was taken by the Britannic king in council, to declare war against Spain. Thus, fecing myfelf under the hard neceflity of following this example, which I would never have given, because it is fo horrible, and fo contrary to humanity, I have ordered by a decree of the 15th inftant, that war thould likewife be immediately declared, on my part, againft the king of England, his kingdoms, eftates, and fubjects; and that in confequence thereof, proper orders fhould be sent to all parts of my dominions, where it fhould be neceffary, for their defence and that of my fubjects, as well as for acting offenfively against the enemy. For this end, I order my council of war to take the requifite meafures that this declaration of war may be publifhed at my court, and in my kingdoms, with the formalitics ufual upon fuch occafions; and that in confequence all kinds of hof tilities tilities may be exercised towards the English, that thofe of them who are not naturalized in Spain, may leave my kingdom; that they may carry on, no trade there; and that only those who are employed as artizans may be fuffered to remain; that for the future my fubjects may have no dealings with thofe of England, nor with the eftates of that crown, for any of their productions or fifheries, particularly cod, or their manufactures or merchandize; fo that the inhibition of this trade may be understood to be, and may be in fact, abfolute and effective, and ftamp a vicious quality, and a prohibition of fale on the aforefaid effects, productions, fisheries, cod, merchandizes, and manufactures of the dominions of England; that no veffels whatsoever, with the above-mentioned effects on board, may be admitted into my harbours, and that they may not be permitted to be brought in by land, being illicit and prohibited in my kingdoms, though they may have been brought or depofited in buildings, baggage, warehouses, fhops, or houfes of merchants, or other private perfons, my subjects or vaffals, or fubjects or vaffals of provinces and states, with whom I am in peace or alliance, or have a free trade, whom, nevertheless, I intend not to hurt, or to infringe the peace, the liberty, and privilege which they enjoy, by treaty, of carrying on the legal trade in my kingdoms with their fhips, and the proper and peculiar productions of their lands, provinces, and conquefts, or the produce of their manufactories. I alfo command that all merchants who shall have in their poffeffion any cod, or other fish, or produce of the dominions of EngVOL. IV, land, fhall, in the fpace of fifteen days from the date of this declaration, declare the fame, and deliver an account thereof, either at my court, or elsewhere, to the of ficers who fhall be appointed by the marquis de Squilace, fuper-intendant-general of my revenues, that the whole may be forthcoming: and fuch of the faid effects of which a lift fhall not be fo delivered in the fpace of fifteen days, fhall be immediately confifcated; two months, and no more, being allowed, for the confumption of thofe which fhall be declared; after which time the merchants fhall be obliged to carry the faid effects to the custom-houses, and, where there is no cuftomhoufe, to the houses that ferve inftead thereof, that they may be publickly fold by an officer or officers nominated for that end, or, if none fhould be appointed, by the judges, who fhould give the produce of the fale to the proprietors; but none of the faid merchandizes, prohibited in the manner juft prefcribed, fhall return to their warehoufes or fhops. I have given a feparate commiffion, with all the neceffary powers, to the marquis de Squilace, fuperintendant-general of my revenues, that in that quality he may fee that this prohibited trade be not fuffered, and that he may immediately iffue fuch orders and inftructions, as he fhall think neceffary for this important end; taking cognizance, in the first inftance, in perfon, and by his fub-delegates, of the dif putes which fhall arife on occafion of this contraband, with an appeal to the council of finances in the hall of juftice; except however what relates to contraband military ftores, arms, and other effects, be longing to war, particularized in treaties of peace, the cognizance of difputes on the articles belonging to the council of war, and the military tribunals. And I command that all that is above be observed, executed, and accomplished, under the heavy penalties contained in the laws, pragmatiques, and royal cedules, iffued on like occafions in times paft; which are to extend alfo to all my fabiets, and the inhabitants of my Kingdoms and eftates, without any exception, and notwithstanding any privileges; my will being, that this declaration of war fhall come as foon as poffible to the knowledge of my fubiects, as well that they may guard their perfons and effects from the infults of the English, as that they may labour to molest them by naval armaments, and by other methods authorized by the law of arm arms. recover from their firft toffes fas appears by the letters of thanks from Mr. Pigot himself, and from the council of Madras to that of Pondicherry) added to the formal refufal of fulfilling the condition, of a cartel, agreed upon between our refpective mafters, though it was at firft accepted by Mr. Pigot, and the commiffaries were named on both fides to go to Sadreft, to fettle amicably the difficulties which might occur in its execution, put it out of my power with refpect to my court to make or propote to Mr. Coote any capitulation for the town of Pondicherry. The king's troops, and those of the company, furrender themselves, for want of provifions, prifoners of war of his Britannic maiefty, upon the terms of the cartel, which I're claim equally for all the inhabitants of Pondicherry, as well as for the exercife of the Roman religion, the religious houfes, hofpitals, chap. lains, furgeons, fervants, &c. referring myfelf to the decifion of our two courts for reparation pro lemn a treaty. portioned to the violation of fo fo Accordingly Mr. Coote may take poffeffion to morrow morning at eight o'clock of the gate of Villenour; and after to-morrow at the fame hour of that of fort St. Louis and as he has the power in his ewr hands, he will dictate fuch ultet difpofitions to be made, as he fail judge preper. I demand, merely from a prin ciple of juftice and humanity, that the mother and fifters of Rezafail be permitted to feel an afylum where they please, or that they remain prifoners among the Eng and be not delivered up into Mahomet Ally Caun's hands, which are of Chandernagore having been long fince tranfinitted to his Britannic majefty, by the officer to whom that place furrendered, colonel Coote cannot take cognizance of what paffed on that ocċafion; nor can he admit the fame as any way relative to the furrender of Pondicherry. The disputes that have aifen concerning the cartel concluded, between their Britannic and moft Chriftian majefties, being as yet undecided, colonel Coote has it not in his power to admit, that the troops of his moft Chriftian ma jefty, and thofe of the French EaftIndia company, fhall be deemed prifoners of war to his Britannic majefty upon the terms of that cartel; but requires that they furrender themselves prifoners of war, to be ufed as he fhall think confiftent with the interefts of the king his mafter. And colonel Coote will fhew all fuch indulgencies as are agreeable to humanity. Colonel Coote will fend the gre nadiers of his regiment, between the hours of eight and nine o'clock to-morrow morning, to take poffeflion of the Villenour gate; and the next morning between the fame hours, he will allo take poffeffion of the gate of fort St. Louis. The mother and fifters of Raza Saib fhall be escorted to Madras, where proper care fhall be taken for their fafety; and they fhall not, on any account, be delivered into the hands of nabob Mahomud Ally Cawn. Civen at the head quarters at the camp before Pondicherry, this foth of January, 1761. Signed, ERE COOTE. Articles proposed to colonel Coote by the chief of the Jesuits, to which no answer was returned. HE fuperior council of Pon dicherry authorized by the count de Lally, lieutenant-general of the armies of his moft Chriftian majefty, and his commifiery in India, to treat for the faid town and its inhabitants, prefent the following articles to colonel Coote, commander of his Britannic maiefty's troops on the coast of Coromandel. 1012 ARTICLE ARTICLE I. Upon the reduction of the place, its inhabitants fhall not in any wife be injured, their houfes fhall be preferved, and they fhall retain all their effects and merchandize, with liberty of choice to convey them wherever they fhall think proper, or to continue their dwelling in the faid town, as new fubjects of his Britannic majefty: and they fhall be treated as the old fubjects have been treated; accordingly, thofe who have hitherto had poffeffions or advantages, fhall not be depriv ed of them. Art. II. They fhall be maintained in the exercife of the Roman Catholic religion, in the fame manner as has been practifed under the French government. The churches and the houfes of the ecclefiaftics and religious perfons fhall be preferved, together with every thing thereunto belonging, whether they be fituated without or within the town. The miffionaries fhall have liberty of paffing from place to place, and fhall find, under the Engith flag, the fame protection as under the French flag. Art. III. Not only the buildings and houfes, belonging to private perions, whether laymen, ecclefiaftics, or religious perfons, fhall be teft in the condition they are, but alio the buildings belonging to the company, as well as the fort, the warehoufes, and the walls of the town, with all the fortifications, until the date of thefe laft, that is to fay, every thing of this kind, belonging to the company, fhall be decided by the two refpective courts. Art. IV. The papers of the regiftry and notary office, on which depend the fortunes of the inhabitants, fhall be fent to Erance without any obftacle, by fuch convey ances as they fhall think fit who are now charged with them, and in whofe poffeffion they fhall, in the mean time, remain. Art. V. The treatment herein before ftipulated by the firft article, for the inhabitants of Pondicherry, fhall be extended to all the mem bers of the council, company's agents, officers fettled in the faid town, and all others, who have been, or now are, in fervice of the company; and fo in like manner to the merchants, whether Armenians, or of any other nation, fettled heretofore in Pondicherry for their trade. Art. VI. The Creoles, or natives of Mauritius and of Bourbon, 2mounting in number to forty-one, including five officers, as well thofe who are in health, as- those who have been wounded, or are invalids, having ferved as volunteers, and not being foldiers, fhould have the li berty of returning to their home by the firft good opportunity they may find. Art. VII. Safeguards fhall be granted to prevent diforder. Art. VIII. All the foregoing ar ticles fhall be executed according to good faith.. A true copy. |
