to enter in the difcuffion of these propoftions, or of any counter-project which may be tranfmitted to him on the part of the Executive Directory, with that franknefs, and that fpirit of conciliation, which correfpond with the juft and pacific intentions of his Court.

(Signed) Malmesbury.

Paris, Dec. 19. 1796.

(No. 28.) Confidential Memorial, on the principal objects of reftitution, compensation, and reciprocal arrangement.

The principle already eftablished, as the bafis of the negociation, by the confent of the two Governments, is founded on reftitutions to be made by his Britannic Majefty to France, in compenfation of the arrangements to which that Power may confent, in order to fatisfy the juft pretenfions of the allies of the King, and to preferve the political balance of Europe.

In order to accomplish thefe objects, in the manner the moft complete, and to offer a fresh proof of the fincerity of his wishes for the re-establishment of general tranquillity, his Majefty would propofe, that there fhould be given to this principle, on each fide, all the latitude of which it may be fufceptible.

1. His Majefty demands therefore, 1. The reftitution to his Majefty the Emperor and King, of all his dominions, on the footing of the ftatus ante bellum.

2. The re-eftablishment of peace between the Germanic Empire and France, by a fuitable arrangement, conformable to the respective interefts, and to the general safety of Europe. This arrange ment to be negociated with his Imperial Majefty, as conftitutional head of the Empire, either by the intervention of the King, or immediately, as his Imperial Majefty fhall prefer.

3. The evacuation of Italy by the French troops, with an engagement not to interfere in the internal affairs of that country; which should be re-eftablifhed, as far as poffible, upon the footing of the ftatus ante bellum.

In the courfe of the negociation, a more detailed difcuffion may be entered into of the further meafures which it may be proper to adopt, respecting the objects of thefe three articles, in order to the providing more effectually for the future fecurity of the refpective limits and peffeffions, and for the maintenance of general tranquillity.

II. With regard to the other allies of

his Britannic Majefty, his Majefty demands, that there be referved to her Majefty the Emprefs of all the Ruffias, a full and unlimited power of taking part in this negociation, whenever the may think fit, or of acceding to the defini tive treaty, and thereby returning to a ftate of peace with France.

III. His Majeftv alfo demands, that her Most Faithful Majefty may be comprehended in this negociation, and may return to a ftate of peace with France, without any ceffion or burdenfome con

dition on either fide.

IV. On these conditions his Majefty offers to France the entire and unreferved reftitution of all the conquefts which he has made on that power in the Eaft and Weft Indies, propofing, at the fame time, that a mutual understanding should be eftablished as to the means of fecuring, for the future, the tranquillity of the two nations, and of confolidating, as much as poffible, the advantages of their refpective poffeffions. His Majefty offers, in like manner, the reftitution of the iflands of St Pierre and Miquelon, and of the fishery of Newfoundland, on the footing of the status ante bellum.

But, if in addition to this, his Majefty were to wave the right given to him by the exprefs ftipulations of the treaty of Utrecht, of oppofing the ceffion of the Spanish part of St Domingo to France, his Majefty would then demand, in return for this conceffion, a compenfation, which might fecure, at leaft in fome degree, the maintenance of the balance of the refpective poeffffions in that part of the world.

V. In all the cafes of ceffions or reftitutions, which may come in queftion in the courfe of this negociation, there fhould be granted on each fide, to all individuals, the moft unlimited right to withdraw with their families and their property, and to fell their land and immoveable poffeffions; and adequate arrangements fhould also be made, in the courfe of this negociation, for the removal of all fequeftrations, and for the fatisfaction of their juft claims, which individuals on either fide may have to make upon the refpective governments.

(Signed) Malmesbury. (No. 29.) Confidential Memorial on the Peace with Spain and Holland.

The allies of France not having hither-' to expreffed any defire or difpofition to treat with the King, his Majefty might

our fick and convalefcent lifts, all of whom were either dangerously ill or extremely weak. We were fcarcely out of fight of the fpot where we knew the Spanish fleet to have been cruizing only two days before; and, in fact, we had ftood on to look for them, with a view of afcertaining their movements. A fmall Spanish veffel, which we conjectured to be a fort of tender, was paffing us, steer. ing towards Carthagena, fo that I could hardly flatter myfelf with being able to bring the frigate off in the event of a victory, or of even escaping myself, if difabled. On the other hand, it evident ly appeared that nothing but a flight and a fuperior failing could enable me to avoid an action; and to do that from a frigate apparently not much fuperior to us, except in point of bulk, would have been committing the character of one of his Majefty's fhips more than I could bring myself to resolve on, I therefore continued ftanding on without any alteration of course.

Having, with infinite fatisfaction and comfort to myself, commanded the Terpfichore's crew for two years and a half, through a pretty confiderable variety of fervices, I well knew the veteran ftuff which I had fill left in health to depend upon, for upholding the character of Britifh Seamen; and I felt my mind at eafe as to the termination of any action with the frigate in fight only.

At half paft nine fhe came within hail, and hauled her wind on our weather beam; and as I conceived the only waited to place herself to advantage, and to point her guns with exactnefs, and being myfelf unwilling to lofe the position we were then in, I ordered one gun to be fired, as a trier of her intention. It was fo inftantaneously returned, and followed up by her whole broadfide, that I am confident they must have done it at the fight of our flash. The action of courfe went on, and we foon difcovered that her people would not or could not refift our fire.

At the end of about an hour and forty minutes, during which time we had twice wore, and employed about twenty of the last minutes in chace, fhe furrendered. At this period fhe appeared moft entirely disabled, and we had drawn up clofe along-fide, with every gun well charged and well pointed. It was, nevertheless, with confiderable difficulty that I prevailed on the Spanish Commander to decline the receiving of fuch a broadfide, by fubmitting; and from every

thing which I have fince learned, the perfonal courage, conduct, and zeal of that officer, whofe name is Don Thomas Ayalde, was fueh during the action, notwithstanding the event of it, as reflects on him the greatest honour, and irrefifti. bly impreffes on my mind the highest admiration of his character. After (from the effect of our fire) all his booms had tumbled down, and had rendered his wafte guns unferviceable, all the standing rigging of his lower mafts fhot away, and I believe every running rope cut through, and a greet number of his people killed and wounded, he ftill perfevered (though he could rally but few of his men) to de fend his fhip, almoft longer than defence was juftifiable. Had there been the smalleft motion in the fea every mast must inevitably have gone by the board.

Our lofs (which will appear by the inclofed lift) has been lefs than could have been expected; but our mafts, fails and rigging were found to be pretty much

cut up.

The fpirited exertions of every Officer, man and boy, belonging to the ship I commanded, as well in the action as in securing the two disabled ships, and bringing them inftantly off from a critical fituation by taking the prize in tow, and by their inoeffant labour ever fince, will, I truft, when their small number is confidered, place them in a light fuperior to any praise which I could beftow. I am even unwilling to fpeak of the particular conduct of any of the Officers, but the talents displayed by the First Lieutenant, (Devonshire) who was but juft out of our fick lift, during the action, added to his uncommon fatigue in taking care of the prize, and the very able manner in which he conducted and prepared to defend her, intitles him to this diftinction, and proves him highly deserving of the recommendation you gave him, with his appointment in the Weft Indies. And although I had rather any other perfon 'fhould obferve the conduct of a brother of mine in action, and fpeak of it afterwards, yet I feel it to be my duty, as Captain of the fhip, to ftate, that I thought Mr Bowen's (the fecond Lieutenant) conduct was particularly animating to the fhip's company, and useful, from the great number of guns which he faw well pointed in the course of the action; added to which, from the absence of the Firft Lieutenant on board the prize, the labouring oar of this ship has fallen on him; and, in my mind, the task we have had fince the action has been

infinitely

K

operations of laft year. It is not to be maintained against an enemy of very fuperior force; for Creutznach lies fo entirely under the fire of the hills from the left bank of the river, that the enemy is always mafter of that paffage, as was fufficiently proved by the affair of the 1ft of December, 1795. On this fide Creutznach the heights are fo diftant from the river, that the enemy has every facility in extending himself in front and on each flank of the town; and a corps of very inferior force cannot take poft near enough to prevent this formation.

On the 26th Generals Simpfchen and Rofemberg were attacked by two divifions of the army of Sambre and Meufe. The action lafted feveral hours, and the enemy, notwithstanding fo great an inequality of numbers, was repulfed with confiderable lofs.

Early on the 27th the French renewed the attack, and advanced in feveral columns from Creutznach, to turn the left of the Auftrians; but the latter, by an exertion of much ability and fteadiness, maintained their pofitions. In the evening, however, the Generals, in conformity to the order mentioned above, deter mined on retiring behind the Seltz; and the retreat was executed with perfect order.'

The lofs of the Auftrians on this occafion confifts in 19 killed, 184 wounded, 96 mifling; on the whole 299 men, and 89 horfes.

The enemy's was certainly confiderable; 200 of them were taken prifoners and brought into Mayence.

I am thus circumftantial in ftating the particulars of this, in fact, unimportant affair, because I obferve that the official reports of the Army of Sambre and Meufe, I mean the late ones, contain the most abfurd exaggerations. I should confider them perfectly undeferving of notice, were it not that thofe who have no other means of judging of the events of the campaign than by comparing the accounts published by the contending armies, would be led into the most er roneous conclufions if they gave each. party credit for only an equal degree of fairness in their relations.

In the enemy's official account of the affair of the 21ft of laft month near Neuwied, it is reprefented as having been a ferious and general attack; whereas it was merely undertaken for the purpose of deftroying his bridge, and spreading alarm on the left bank of the Rhine. Both these objects were effected by a

very infignificant force ; and there was not the fmalleft idea of making a serious affault on the Tete-de-Pont of Neuwied. The enemy states, that, befides an immenfe number of killed and drowned, he actually took 1000 prifoners, whereas I can affure your Lordship, from the moft authentic information, that the whole lofs of the Auftrians did not exceed 284 men.

After Gen. Moreau's army had crof fed the Rhine, two divifions of it were detached towards Landau, and one divifion of the army of Sambre and Meufe arrived about the fame time in the neighbourhood of Kayferflautern. Gen. Hotze was ftill at Schweigenheim, on the road from Speyer to Landau; his corps was not of fufficient ftrength to have any other object, than that of fpreading alarm in Lower Alface; and it was evident, that as foon as the Rhine should again feparate the main armies, the enemy muft immediately become mafters of the vicinity of Landau.

Gen. Hotze, therefore, on the approach of forces infinitely so fuperior to his own, retired towards the entrenched camp of Manheim, without being in the fmalleft degree molefted by the enemy. He eftablished the advanced pofts of his left wing on the Reebach, from whence they ran along the Fletzbach towards Franckenthal.

On the 7th inftant the French attacked Gen. Hotze's line. Their principal efforts were directed against the left wing, and the fire of artillery and small arms continued a great part of the day; but the enemy was repulfed, and Gen. Hotze ftill maintains his pofts in front of the entrenched camp, extending from the Reebach, by the village of Maubach, to Franckenthal.

I have the honour to be, &c.

1 (Signed) Rob. Craufurd. Head-quarters of his Royal Highness the Archduke Charles of Auftria, Offenburg, Nov. 14, 1796.