and other measures for the re-establishment and maintenance of the public fafety. By order of his Electoral Highness. Count DE MORAWITZKY. Count DE TORRING. NEMMER. Order of the General in Chief Augereau, announcing the Refumption of Hoftilities. Order of the Day. Head-quarters at Afchaffenbourg, 18th Sept. THE Soldiers, to arms! Let the fhout of war inflame your indignation and your ardour! Let a laft effort precipitate this blind enemy to his total ruin, and fecure for ever, by new triumphs, the glory and the profperity of the republic. The government relies on your generous devotion, and the general in chief upon your difcipline, your perfeverance, and your courage. THE generals, fuperior land and fea officers, commiffaries in ordinary of the war and navy departments, and officers of all ranks commanding detachments of different corps, having been convened by General Vaubois, commander in chief of the isles of Malta and of Goza, to hold a council of war, affembled in the national palace of the city of Malta; Having heard the report of General Vaubois, from which it appears that the magazines of provifion in the place have been entirely exhaufted for more than a month; that those containing liquor are equally fo; that bread, the only food remaining for the garrifon and the people, muft fail on the 9th; The Council, confidering that the garrifon of Malta, reduced to the third of a ration for two years paft, has filled with honour the task impofed upon it, of preferving this place to the republic until the last extremity;-that after having repulfed all the attacks. made by main force upon it, it has, by its energy, reduced the enemy to merely perfeverance in a ftrict blockade, which no 3. longer longer admits of the hope of any affiftance from without;-that the force which the enemy employs to fecure the blockade by fea and land, leaves the brave garrifon of Malta no means of procuring any by courage and devotion, in a country fteril in itself, and torn up by the fortifications which nature and art have multiplied to fecure us by ramparts;-that befides, every undertaking of that kind would be unfuccefsful, from the precautions taken by the enemy to keep their provifion on board fhip: That it is not poffible, without endangering the existence of 12,000 men, who compofe the population of the garrifon and place, to poftpone the advantage of entering into conference with the enemy, in order to obtain an honourable capitulation, and fuch a one as is due to the brave foldiers who have fo long fuffered for their country: That the navy has fhared with honour in the labours and the diftreffles of the garrifon, and that it has attempted, by the departure of the two frigates La Juftice and La Diane, to diminish the lofs which the republic is about to fuftain in that refpect: That the laws of war, in fhort, and thofe of humanity, fufficiently authorize the commander in chief to begin a negotiation with the enemy: Have determined that General Vaubois fhall, on the 4th, fend a flag of truce to the English commander, to propofe to him a capitulation, and that Rear-admiral Villeneuve fhall join with him in endeavouring to ftipulate in favour of the feamen, in order that they may enjoy the fame advantages as may be granted to the garrifon. (Here follow the fignatures.) DOT. Articles of Capitulation agreed upon between General Vaubois, Commander in Chief of the Iles of Malta and of Goza, and Rearadmiral 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 Martin, 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 honours of war; that is to fay, 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, shall be alfo carried to the port of Toulon. VOL. X. X Anfw. Anfw. The garrifon fhall receive the honours of war required; But as it is impoflible that they fhould all be embarked immediately, the following arrangement fhall be reforted to inftead. As foon as the capitulation thall be figned, the forts Ricafoli and Tigni fhall be delivered up to the troops of his Britannic Majesty, 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 firft embarkation: the whole garrifon fhall then march out with the honours of war, to the fhips, where they fhall lay down their arms. Those who cannot form part of the first embarkation, hall occupy the ifle and the fort Manuel, having an armed guard over them, to prevent them from efcaping 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 shall 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, commiffarygeneral of commercial connexions with the French republic in Syria and Palestine, now at Malta by accident, the civil and military agents, ordinaries, and commiffaries of war and navy, civil adminiftrators, members of any of the conftituted authorities, fhall carry off their arms, their perfonal property, and their other effects of every kind. Anfw. Granted-with the exception of the arms laid down by the foldiers, in conformity with what is provided by the first article. III. All perfons of every country, who have borne arms for the republic during the fiege, fhall be confidered as part of the garrifon. Anfw. Granted. IV. The divifion fhall be embarked at the expense of his Britannic Majefty. Every officer or perfon employed fhall in the paffage 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 adminiftrations fhall be put on the fame footing, both with refpect to themselves and family, as military men of a correfpondent rank. Anfw. Granted, in conformity with the cuftoms of the Englith 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 commiffaries, chiefs of corps, officers civil and military, &c. Their property and their papers fhall not be fubject to any fearch or infpection, upon the promise of the generals ftipulating that there fhall be no public property among them. Anfw. Granted. VI. Some veffels belonging to the republic, able to keep the fea, fhall depart at the fame time with the divifion, to go to a part of France, after being provided with the neceffary provi fions. Anfw. Refused. 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 transported fhall be treated with the neceffary care; the general in chief leaving at Malta a physician 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 hospital, and they shall be sent to France as foon as their fituation will permit, with all that belongs to them; and in the fame 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 genèral: Anfw. Granted. VIII. Every individual, of whatever 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 less 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 fhall 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 with 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, fhall be allowed fix months from the date of the figning of the prefent capitulation, to fell X 2 their their landed or moveable property. Thefe proprietors shall be refpected. They fhall act for themselves, if they remain, or by their authorized agent, if they follow the divifion. When they fhall have finifhed their affairs in the time agreed on, they fhall be furnished with paffports to go to France, transporting, 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 sense 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 cause a felucca to depart, with the neceffary equipage, and an officer charged to carry the capitulation to the French government. The neceffary fafe conduct shall be granted to him. Anfw. Granted. XI. The articles of the capitulation being figned, there fhall be given up to the English general the forts called des Bombes, which shall be occupied by an equal guard of English and French troops. It shall be configned to this guard not to fuffer to pass 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 posts by which the places may be entered. The English general will perceive that these precautions are indifpenfable, that no difpute may arife on the fubject, and that the articles of the capitulation may be religiously observed. Anfw. Granted, conformably to what is provided by the reply to the first 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 tranfactions between individuals, Thall remain inviolable. Anfw. Granted, fo far as they shall be juft and lawful. XIII. The agents of the allied powers, who shall be in Valetta after the furrender of the place, fhall not be disturbed in any thing, and their perfons and property shall be secured by the prefent capitulation. Anfw. Granted. XIV. All fhips coming from France, whether of war or of commerce, which shall enter this port, fhall not be confidered as prizes, nor the crews made prifoners, for the first twenty days after |