Great Britain; fuch property only excepted as was on board the veffels in the harbour of the 10th inftant. Anfwer.-Agreed to. Art. III. All fhips and veffels of war that may be in the harbour, and all artillery, warlike ftores, ammunition, &c. that may be found in the forts and public magazines, and all property, of whatfoever nature it may be, belonging to the Batavian republic, thall be delivered up to his Britannic majefty in the ftate in which they now are, and officers fhall be appointed on each fide by the joint parties to take inventories thereof. Anfwer.-Agreed to. Art. IV. All debts due by the government of this ifland fhall be punctually paid out of the revenue of the faid ifland. Anfwer.-Agreed to. Art. V. No alteration fhall be made in the established laws of the faid ifland, except fuch as in future may be found neceffary for mutual benefit or fafety, and which must be regulated by the concurrence of both parties. Antwer.-Agreed to. Art. VI. During the time this ifland may remain under the protection of his Britannic majefty, or, in cafe this ifland and its dependencies fhould, at the conclufion of the war, remain in the poffeffion of Great Britain, the inhabitants of the faid iftand and its dependencies fhall enjoy the fame rights and privileges as his majefty's fubjects in the Weft Indies. Anfwer.-Agreed to. Art. VII. The laws heretofore obferved, refpecting property, fhall remain in full force. Private,As it is impoffible for the inhabitants of the faid ifland and its dependencies to fubfift without a free intercourfe with the Spanish main, the ports of Curaçao and its dependencies fhall be open to all Spanish veffels. Anfwer.-Agreed to be allowed the fame free trade as the island of Jamaica. Signed, fealed, and ratified, in Joh. Rud. Lauffer. Here follows alfo a lift of the exifting guns, ammunition, &c. delivered in fome months ago, and which were really exifting before the prefent fiege, viz. two brafs 24-pounders and two brafs 18pounders, with four defective, five iron 24-pounders, ninety-eight iron 18-pounders, forty-fix 12-pounders, forty-four 8-pounders, twenty-four 6-pounders, two 4-pounders, twenty 3-pounders, and two 2-pounders, befides thirty-eight of different calibre defective. On the batteries, not including Fort Pifcadera, Fort St. Michael, the Hill St. Michael, and Falfe Bay, five 24-pounders, fixty-three 18-pounders, many of their fhips' guns, twenty-eight 12pounders, twenty-fix 8-pounders, and twenty-feven of lefs calibre; upwards of 26,000lb. of powder, befides a powder magazine at the Creek Creek-Battery, and a variety of other ftores. His Majefty's Ship Nereide, Curaçao Harbour, 23d September. My lord, I have now the fatisfaction to inform your lordship that the English colours are flying in this island, and that I have entered this harbour in confequence of the total evacuation of the French forces laft night. I an now arranging affairs in fuch a manner as to tranquillize the minds of the inhabitants, and reftore perfect peace in the name of his majefty in this valuable island. I have been received with great faith, and will do my utmoft in eftablishing the fecurity of the principal fortrefs till I receive your lordfhip's anfwer for my farther conduct. Enclofed I have the honour of tranfmitting to you an inventory of warlike ftores, ammunition, &c. in the garrifon, except thofe lately in poffeffion of the enemy, which I have not yet received the regular returns of, but have given the neceffary orders. It was my intention to have fent any farther difpatch to your lordfhip by the remaining lieutenant, Mr. James Hodgson; but, as I do not exactly conceive myfelf in a perfect ftate of fafety, without having perfect poffeffion of the principal fortrefs which commands the town, I have appointed him, with a party of my own men, to that command; his zeal, bravery, and univerfal fteady any fervice he is ordered on, makes my mind perfectly eafy in doing fo: he has been of the utmoft fervice in a new-erected battery in annoying the enemy, and in deed may be confidered the principal caufe of their retreat. Lieutenant Fitton, commanding the VOL. XLII. conduct in Active tender, I have much pleafure in recommending to your lordthip's notice, from his active and fpirited conduct fince he has joined me. From him, my lord, you will receive material information as to all fituations of the ifland and its valuable harbour. I have the honour to be, &c. &c.. (Signed) F. Watkins. The right hon. lord Hugh Seymour, &c. &c. Here follows a lift of the vessels lying in the harbour of Curaçao, 44 in number; confifting of 8 Dutch, 8 Danes, 7 American, 11 French, 7 Spanish, and 3 English prize ships. Articles of Capitulation agreed upon between General Vaubois, Commander-in-Chief of the Ifles of Malta and of Goza, and Rear-Admiral Villeneuve, commanding the Navy at Malta, on the one Part, and Major-General Pigot, Commander of the Troops of his Britannic Majefty and his Allies, and Captain Martis, commanding the Ships of his Britannic Majefty, and his, Allies, before Malta, of the other Part. Art. I. The garrifon of Malta, and of the forts depending upon it, fhall march out to be embarked and carried to Marfeilles, at the day and time agreed upon, with all the ho nours of war; that is to lay, drums beating, colours flying, matches lighted, with two four-pounders before them, with their covered waggon, and a covered waggon of infantry. The civil and military officers of the navy, and every thing relative to that department, thall be alfo carried to the port of Toulon. Anfw. The garrison shall receive the honours of war required; but G as as it is impoffible that they fhould all be embarked immediately, the following arrangement fhall be reforted to inftead. As foon as the capitulation fhall be figned, the forts Ricafoli and Tigni shall be delivered up to the troops of his Britannic majefty, and the fhips fhall be fuffered to enter the port. The national gate fhall be occupied by a guard compofed of French and Englith in equal numbers, until the fhips fhall be ready to receive the first embarkation: the whole garrifon fhall then march out with the honours of war, to the fhips, where they fhall lay down their arms.Thofe who cannot form part of the firft embarkation, fhall occupy the ifle and the fort Manuel, having an armed guard over them, to prevent them from escaping into the adjoining country. The garrifon fhall be confidered as prifoners of war, and are not to ferve against his Britannic majefty until they fhall be exchanged, for which the officers refpectively fhall give their parole. All the artillery, the ammunition, and public magazines, of whatever kind, fhall be given up to officers appointed for that purpofe, as well as public papers. II. The general of brigade Chanez, commander of the place and the forts, the general of brigade d'Hennezel, commander of artillery and engineers; the officers, inferior officers, and foldiers, by land; the officers, crews, and men, employed in the navy; citizen Pierre Alphonfo Guys, commiflary-general of commercial connections with the French republic in Syria and Palestine, now at Malta by accident, the civil and military agents, ordinaries, and commillaries of war and navy, civil adminiftrators, members of any of the conflituted authorities, hall IV. The divifion fhall be embarked at the expense of his Britannic majefty. Every officer or perfon employed fhall in the paflage receive the fame rations as are by the laws and regulations of the French allotted to them. The officers who are members of the civil administrations fhall be put on the fame footing, both with respect to themselves and family, as military men of a correfpondent rank. Anfw. Granted, in conformity with the cuftoms of the English navy, which allot the fame ration to all ranks and conditions whatever. V. The neceffary number of waggons and floops fhall be provided, in order to tranfport and to remove on board fhip the private property of the generals, their aid-de-camps, the ordinaries and commiflaries, chiefs of corps, officers civil and military, &c. Their property and their papers fhall not be fubject to any fearch or infpection, upon the promife of the generals ftipulating that there fhall be no public property among them. Anfw. Granted. Anfw. Refufed. VII. The fick who are able to be tranfported fhall be embarked with the divifion, and provided with provifions, medicines, furgeons' chefts, and officers of health, neceffary for their care during the paffage. Those who are not able to be tranfported fhall be treated with the neceffary care; the gen"eral-in-chief leaving at Malta a phyfician and a furgeon in the fervice of France, who fhall attend to them. They fhall be furnished with lodgings gratis, if they come out of the hopital, and they fhall be fent to France as foon as their fituation will permit, with all that belongs to them; and in the lame manner as the garrifon. The generals-in chief of the fea and land forces evacuating Malta intruft them to the honour and humanity of the English general. Anfw. Granted. VIII. Every individual, of what ever nation, inhabiting the island of Malta, or the others, fhall neither be troubled, nor difturbed, nor molefted, on account of their political opinions, nor for any part of their conduct during the time that Malta has been in the power of the French government.-This article applies principally, and in its full extent, to thofe who have taken arms, or have filled civil, adminiftrative, or military employments. They fhall not be called to an account for any thing, much lefs profecuted for acts of their commiffion. Anfw. This article does not appear capable of being made the object of a military capitulation; but all the inhabitants who thall defire to remain may be affured of being treated with juftice and humanity, and fhall enjoy the full protection of the laws. IX. The French who inhabit Malta, and all the Maltefe, of whatever ftate they may be, who wish to follow the French army, and to go into France with their property, fhall be at liberty to do fo, Those who have moveables or immoveables, which cannot be immediately fold, and who may have the intention of going to refide in France, shall be allowed fix months from the date of the figning of the prefent capitulation, to fell their landed or moveable property. Thefe proprietors fhall be refpected. They fhall act for themfelves, if they remain, or by their authorized agent, if they fol low the divifion. When they fhall have finished their affairs in the time agreed on, they fhall be furnifhed with paffports to go to France, tranfporting, or caufing to be tranfported, the moveables which may remain to them, as well as their capitals in money or bills of exchange, according as it may fo happen. Anfw. Granted, in the fenfe of the reply to the preceding article. X. As foon as the capitulation is figned, the English general fhall leave entirely to the difpofition of the general commanding the French troops, to caufe a felucca to depart, with the neceflary equipage, and an officer charged to carry the capitulation to the French government. The neceffary fafe conduct fhall be granted to him. Anfw. Granted. XI. The articles of the capitu lation being figned, there fhall be given up to the English general the forts called des Bon bes, which hall be occupied by an equal guard of English and French troops. It fall be configned to this guard not to fuffer to pafs into the city, either any foldiers of the befieging troops, or any inhabitants of the islands, till the French troops fhall be embarked, and out of fight of the port. In proportion as the embarkation goes on, the English troops fhall occupy the pofts by which the places may be entered. The English general will perceive that thefe precautions are indifpenfable, that no difpute may arife on the fubject, and that the articles of the capitulation may be religiously obférved. Anfw. Granted, conformably to what is provided by the reply to the firft article; and all precautions fhall be taken to prevent the Maltese troops from approaching the pofts occupied by the French troops. XII. All alienations or fales of moveables or immoveables by the French government, during the time it has remained in poffeffion of Malta, and all transactions between individuals, shall remain invio able. Anfw. Granted, fo far as they fhall be just and lawful. XIII. The agents of the allied powers, who fhall be in Valetta after the furrender of the place, fhall not be difturbed in any thing, and their perions and property fhall be fecured by the prefent capitulation. Anfw. Granted. XIV. All fhips coming from France, whether of war or of commerce, which fhall enter this port, fhall not be confidered as prizes, nor the crews made prifoners, for the firft twenty days after the date of this capitulation, but they fhall be fent back to France. Anfw. Refufed. XV. The commander-in-chief, and the other generals, fhall be embarked with their aides-de-camp, and the officers attached to their fuite, without being separated. Anfw. Granted. XVI. The prifoners made during the fiege, including the crews of the William Tell and the Diana, fhall be confidered as part of the garrifon; and the fame regulation to extend to the crew of la Justice, if fhe fhould be taken before fhe reaches any of the ports of the republic. Anfw. The crew of the William Tell is already exchanged, and that of the Diana will be taken to Minorca, in order to be exchanged immediately. XVII. All the property which belongs to the republic fhall not be fubject to reprifal of any fort, under any pretext whatfoever, Anfw. Granted. |