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IV. His royal highness the prince regent of Portugal and Algarve will not permit any depôts of prohibited and contraband goods, which may be prejudicial to the interests of the crown of Spain, to be formed on the frontiers of his kingdom, exclusive of such as appertain to the revenues of the crown of Portugal, or are necessary for the consump tion of the respective territories in which they are established. And if this or any other article shall not be maintained, the treaty which is now concluded between the three powers, including the interchangeable guarantee, shall be null and void, as is expressed in the articles of the present treaty.

V. His royal highness will immediately repair and make good all damages or injury which the subjects of his catholic majesty may have sustained during the present war from the ships of Great Britain, or the subjects of the court of Portugal, and for which they can rightfully claim indemnification; and in like manner his catholic majesty engages to make suitable satisfaction for all captures which may have been made by the Spaniards before the present war, in violation of or within cannon shot of the Portuguese territory.

VI. Within the space of three months, reckoning from the ratification of the present treaty, his royal highness will pay to the treasury of his catholic majesty the expenses left unpaid when they withdrew from the war with France, and which were occasioned by the same, according to the estimate given in by the ambassador of his catholic majesty, or which may be given in anew; with the exception, however, of any errors that may be found in the said estimates.

VII. As soon as the present trea, ty shall be signed, hostilities shall cease on both sides, within twentyfour hours, without any contribu tions or requisitions being laid, after that time, on any of the conquered places, except such as may be allowed to friendly troops in time of peace; and as soon as this treaty shall be ratified, the Spanish troops shall leave the Portuguese territory within six days, and shall begin their march within six hours after receiving notice, without offering any violence or injury to the inhabitants in their way, and they shall pay for whatever may be necessary for them, according to the current price of the country.

VIII. All prisoners which may have been taken by sea or land, shall, within fifteen days after the ratification of the present treaty, be set at liberty, and delivered up on both sides, and at the same time all debts which they may have contracted during their imprisonment shall be paid.

The sick and wounded shall remain in the respective hospitals, there to be taken care of, and in like manner delivered up as soon as they shall be able to begin their march.

IX. His catholic majesty engages to guaranty to his royal highness the prince regent of Portugal the entire possession of all his states and possessions, without the least exception or reserve,

X. The two high contracting parties engage to renew the treaty of defensive alliance which existed between the two monarchies, but with such clauses and alterations as the connexions entered into by the Spanish monarchy with the French republic may demand; and in the same treaty shall be regulated what

aid

aid shall be mutually afforded should necessity require.

XI. The present treaty shall be ratified within ten days after it is signed, or sooner if possible. In witness of this, we the undersigned ministers plenipotentiary have subscribed the present treaty with our own hands, and sealed its with our

arms.

Done at Badajoz, June 6, 1801. (L. S.) THE PRINCE OF PEACE. (L. S.) LOUIS PINTO DI SOUZA.

Letter of the State and Cabinet Minister His Excellency Count Cobentzel to Count Stadion, the Imperial Minister at Berlin. Vienna,

October 14, 1801.

Yesterday intelligence was received that his royal highness the archduke Anthony was unanimously proclaimed archbishop and elector of the electoral archbishopric of Cologne, by the electoral cathedral chapter of Cologne, in a free canonical electoral assembly.

While your excellency will not fail to make the friendly communication of this event to his Prussian majesty's ministry, your excellency will, at the same time, in the most efficacious manner, repeat those declarations which his majesty the emperor and king caused to be made subsequent to the election of Munster.

Your excellency will assure his Prussian majesty's ministry, that, with respect to the electorate of Cologne,the election of an archduke may be considered as indifferent, as the natural course of the accomplishing of the indemnities, by ineans of secularisation, will not be altered from personal consideration, or secondary views. Hence then the court of his Prussian majesty may rest perfectly convinced, that,

as the imperial court, from love and regard to the old constitution of Germany, according to its internał conviction, can never forbear insisting on the maintenance of the three spiritual electorates, the personal consideration of the archduke having been elected to be elector of Cologne cannot have the smallest influence on this conduct of the high imperial court.

On this occasion your excellency will also disclose in confidence to count Haugwitz, that, although the cathedral chapter of Munster earnestly press that his royal highness the archduke Anthony may repair to Munster, and take upon himself the government; yet his imperial majesty, as the head of the house, has not yet given to his royal highness permission for this purpose, but has rather intimated to the cathedral chapter, to continue the government in the mean time in all respects in the same manner as if the see was vacant-Sede impeditá.

His royal highness, beyond all doubt, is in all respects entitled to the formal assumption of the go vernment, and might without contradiction put himself in possession of this ecclesiastical electorate, which at this moment has as much right to its existence as other ecclesiastical electorates.

It is also not to be denied, that his imperial majesty, in this moderation which he has shown, could have no other view, than thereby to give a proof that in this respect he has been guided by no personal interest.

LEWIS COBENTZEL.

Note of Count Haugwitz to Count

Stadion. Berlin, October 26. The undersigned state and cabinet mimister has informed the king of the communication which count Stadion, minister extraordinary and plenipotentiary

plenipotentiary of his imperial and royal majesty, was charged to make to him within these few days. It was intended to make known to his majesty the election of his royal highness the archduke An thony, as archbishop and elector of Cologne, and was accompanied with the declaration, that this election, as well as that of Munster, was to be considered as indifferent, and unconnected with every personal or further view; and that it could not in the least alter either the natural course of the secularisations, nor the appropriation of the same to the indemnifications. That, as on the one side the emperor, partly from attachment to the constitution of the empire, partly from internal conviction, could not forbear persisting in the maintenance of the three ecclesiastical electorates, the election which had fallen on the archduke Anthony could by no means, or in any maniner, have an influence on the conduct of his imperial majesty. That, in order to give a proof of this, his majesty has declined the proposition of the cathedral chapter of Munster, inviting the archduke to repair to that bishopric, and to take possession of it; and that he had at the same time given the said chapter to understand, that they should undertake the government themselves in the mean time, in the same pranner as if the see were vacant.

If the elections of Munster and Arensberg are to be considered as mere formalities, the king was obliged on his part to pursue those formalities which the then present circumstances pointed out, to preserve the general rights; and with this view his majesty caused his well-known protestation against the Munster election to be delivered to the states of the empire, which

by anticipation also concerned the election of Arensberg, in case such should take place.

His majesty does not the less ap prove the wise resolution of his im perial majesty to postpone the further steps which one or both of the chapters might wish to adopt with respect to the introduction of the archduke Anthony; and if the business on both sides be thus to remain in uncertainty, the king will in like manner abide by the preliminary measures which he has hitherto taken.

But even if his majesty were agreed on the last point with the court of Vienna, yet he could not grant his approbation to the principle of the future maintenance of the three ecclesiastical electorates. This principle is in direct contradiction to those which his majesty has at all times expressed in perfect agreement with the French government as one of the contracting powers, and which are founded on the contracts which are now to be put into execution.

In these is to be found the express and essential determination, that the losses of the suffering parties are to be made up by means of secularisations, and that in these losses of the suffering parties must be reckoned,

1. According to the 7th article of the treaty of Luneville, the hereditary princes who have lost their possessions either in whole or in part on the left bank of the Rhine;

2. According to the 5th article of the same treaty, the grand dyke of Tuscany; and

3. The house of Orange, to which Prussia and France had insured a suitable indemnity, by a convention, concluded much earlier, on the 5th of August 1796, which incontestably makes the rights

and

and pretensions of the house of Orange equal to those of the house of Tuscany. From the obligations contained in those treaties, it follows that the powers interested must endeavour to regulate and to liquidate the mass of the real loss, and to bring it into proportion with the objects which are destined to produce an equivalent for the same. As the indemnification for the claimants, pointed out in the abovementioned treaties, must be complete, so must it be carefully examined beforehand, how far the mass arising and presenting itself out of the secularisation is sufficient to indemnify the parties who have sustained losses. If, after a calculation made, funds sufficient were found to raise or restore one or more of the ecclesiastical sees, to which the electoral dignity is applicable, the king, far from op, posing it, would take measures to support in this respect the wishes and views of his imperial majesty; but it would be a contradiction in principle at this time, and before the mass of the losses can be weigh ed against the mass of the objects of indemnification, to decide before hand, or to pre-resolve on the maintenance of the present ecclesiastical electorates.

As the king is accustomed in all his declarations against the court of Vienna, to be very free, so it is agreeable to him to strengthen anew the principles which he shows in all his transactions, and which he has invariably laid down as the ground of his conduct. His majesty has therefore authorised the undersigned to lay them again before count Stadion in the present note. He fulfils this duty, and repeats to the count the assurance of his high consideration.

(Signed) HAUGWIZ.

Declaration of the King of Prussia to the Royal and Electoral Council of Hanover, and to the Commandants of the Troops.

After the oppressions which neutral navigation and commerce have experienced since the beginning of the war on the part of the English navy, the different courts interested in it could no longer refrain, after so many useless complaints, from protecting the violated rights of their subjects with more energy.

The result was the convention entered into on the 16th of December, 1800, between Russia, Denmark, and Sweden, the just and moderate principles of which had been formerly adopted and followed by the court of London itself; and his majesty the king of Prussia, who had equally experienced this violence, prejudicial to his states and flag, did not hesitate to accede to the treaty.

The contracting courts were on the point of communicating to the belligerent powers their convention, and of adopting arrangements with them, when England, by an unexpected step, disconcerted this amicable design, by laying an embargo upon all the ships of the maritime powers of the north in her ports, and thus showing herself as an enemy.

It might be expected that his Prussian majesty could not look upon this conduct with a favourable eye and with indifference: to this end he sent soon after to the court of London the declaration of the 12th of February, avowing formally and publicly his accession to the convention of St. Petersburg, and showing, at the same time, the means by which the differences might be accommodated, and an entire rupture avoided.

But, instead of adopting the expedient proposed, England passed

over in silence the note transmitted to lord Carysfort at Berlin. She has continued to treat as enemies the flags of the north; and, in a note sent by the secretary of state, lord Hawkesbury, to the envoy from Sweden, baron d'EhrenSchwerd, dated London, the 7th March, she has once more manifested her false principles so often refuted;

"That under the present circumstances the embargo laid upon the Swedish ships could not be taken off whilst the court of Stockholm remained attached to a coalition, which had no other object than to force his Britannic majesty to accept a new maritime law incompatible with the dignity and independence of his crown, as well as with the rights of his subjects."

Such a declaration was soon after sent to the court of Denmark; and it was added, that she was required to abandon the northern coalition, and to enter into a separate negotiation with England.-After having received a reply in the negative, the English chargé d'affaires Drummond, and the plenipoten tiary extraordinary Vansittart, left Copenhagen the same day in the mean time the English fleet, under the orders of admiral Parker, destined for the Baltic, had actually arrived on the coasts of Zealand.

It appears from all these events, that the court of London will not absolutely desist from its insupportable demands, and accept the means proposed of an amicable approximation. His Prussian majesty therefore is forced, conform ably to his obligations contracted, to adopt the most efficacious means to support the convention attacked, and to return the inimical measures adopted against him; to this end,

he will not only shut up the mouths, of the Elbe, the Weser, and the Ems, but will also take possession of the states belonging to his majesty the king of England, as elector of Brunswic Luneburg, situated in Germany.

With this view, his majesty the king of Prussia demands, requires, and expects from the electoral college of the privy counsellors at Hanover, and of the generality, that they submit to this disposition without delay and reply, and that they follow, willingly, the orders which shall be given relative to the taking possession of the electorate by the Prussian troops, as well as with respect to the electoral countries. His majesty demands, principally, that the Hanoverian corps, which has hitherto been in the line of demarcation of the north of Germany, be disbanded, with a proportional part of the other troops.

His majesty requires from the generals and all the officers, to vow, by writing, not to serve against his Prussian majesty; on the contrary, to follow strictly his orders till the affair be finished. shall remain with their colours sha!! The troops who go into quarters, one on the right bank of the Leine, one on the left bank of the Alter, and behind the Luhe to the Elbe, where they shall remain divided in the towns of Hanover, Gishorne, Uelgin, Luneburg, and in the other small towns and villages of that district. All the other places, comprising the fortress of Hameln, shall be delivered up to the Prussian troops under the orders of lieutenantgeneral de Klein.

His majesty, at the same time, announces that the maintenance of the Prussian troops shall be at the expense of the electoral country. It

shall

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