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and other measures for the re-establishment and maintenance of
the public safety.
Munich, 24th August 1800.
By order of his Electoral Highness.
(Signed) Count De MORAWITZKY.

Count De TORRING.
NEMMER.

Order of the General in Chief Augereau, announcing the Refump

tion of Hoftilities. Order of the Day.

Head-quarters at Aschaffenbourg, 18th Sept. THE HE French government, grand in its views, strong in its

means, generous in its conduct, withed sincerely for peace. It condescended to offer it, while it might have commanded it. A deceived court rejects it.

Soldiers, io arms! Let the shout of war inflame your indignation and your ardour! Let a last effort precipitate this blind enemy to his total ruin, and secure for ever, by new triumphs, the glory and the prosperity of the republic. The government relies on your generous devotion, and the general in chief upon your discipline, your perseverance, and your courage.

Capitulation of Malta.

Malta, Sept. 2. THE generals, fuperior land and sea officers, commissaries in

ordinary of the war and navy departinents, 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; assembled in the national palace of the city of Malta;

Having heard the report of General Vaubois, from which it appears that the magazines of provision in the place have been entirely exhausted for more than a month; that those containing liquor are equally so; that bread, the only food remaining for the garrison and the people, must fail on the oth;

The Council, considering that the garrison of Malta, reduced to the third of a ration for two years past, has filled with honour the task imposed upon it, of preserving this place to the republic until the last extremity ;-that after having repulsed all the attacks. made by main force upon it, it has, by its energy, reduced the enemy to merely perseverance in a strict blockade, which no 3

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longer admits of the hope of any assistance from without;--that the force which the enemy employs to secure the blockade by sea and land, leaves the brave garrison of Malta no means of procuring any by courage and devotion, in a country steril in itself, and torn up by the fortifications which nature and art have multiplied to secure us by ramparts;—that besides, every undertaking of that kind would be unsuccessful, from the precautions taken by the enemy to keep their provision on board ship:

That it is not possible, without endangering the existence of 12,000 men, who compose the population of the garrison and place, to postpone the advantage of entering into conference with the enemy, in order to obtain an honourable capitulation, and such a one as is due to the brave soldiers who have so long suffered for their country:

That the navy has shared with honour in the labours and the distresses of the garrison, and that it has attempted, by the departure of the two frigates La Justice and La Diane, to diminish the loss which the republic is about to sustain in that respect:

That the laws of war, in short, and those of humanity, fufficiently authorize the commander in chief to begin a negotiation with the enemy:

Have determined that General Vaubois (hall, on the 4th, fend a flag of truce to the English commander, to propose to him a capitulation, and that Rear-admiral Villeneuve shall join with him in endeavouring to stipulate in favour of the seamen, in order that they may enjoy the same advantages as may be granted to the garrison

(Here follow the signatures.)
(A true copy.)

Dor.

Articles of Capitulation agreed upon between General Vaubois, Com

mander in Chief of the Miles 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 Majesty and his Allies, and Captain Martin, commanding the Ships of his Britannic Majesty and his Allies, before Malta, of the other Part.

Art. I. THE garrison of Malta, and of the forts depending upon it, shall march out to be embarked and carried to Marseilles, at the day and time agreed upon, with all the honours of war; that is to say, 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 also carried to the port of Toulon. VOL. X.

Х

Answ.

Anfw. The garrison fhall receive the honours of war required but as it is imposible that they should all be embarked immediately, the following arrangement shall be resorted to instead. As foon as the capitulation thall be signed, the forts Ricasoli and Tigni shall be delivered up to the troops of his Britannic Majesty, and the thips thall be suffered to enter the port. The national gate shall be occupied by a guard composed of French and Englith in equal numbers, until the ships shall be ready to receive the first embarkation: the whole garrison fhall then march out with the honours of war, to the ships, where they fhall lay down their árms. Those who cannot form part of the first embarkation, Fall occupy the isle and the fort Manuel, having an armed guard over them, to prevent them from escaping into the adjoining country. The garrison shall be considered as prifoners of war, and are not to serve against his Britannic Majesty until they fall be exchanged, for which the officers refpectively shall give their parole. All the artillery, the ammunition, and public magazines, of whatever kind, shall be given up to officers appointed for that purpose, as well as public papers.

II. The General of Brigade Chanez, commander of the place and the foris, 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; commissary. general of commercial connexions with the French republic in Syria and Palestine, now at Malta by accident, the civil and military agents, ordinaries, and commissaries of war and navy, civil administrators, members of any of the constituted authori. ties, fhall carry off their arms, their personal property, and their other effects of every kind.

Answ. Granted--with the exception of the arms laid down by the foldiers, in conformity with what is provided by the firt article.

Ill. All persons of every country, who have borne arms for the republic during the fiege, shall be considered as part of the garrison.

Anfw. Granted.

IV. The division shall be embarked at the expense of his BriLannic Majesty. Every officer or person employed fall in the passage receive the same rations as are by the laws and regulations of the French allotted to them. The officers who are members of the civil administrations shall be put on the same footing, both with respect to themselves and family, as military men of a correfpondent rank.

Answ. Granted, in conformity with the customs of the Englifh navy, which allot the same ration to all ranks and conditions whatever.

V. The necessary number of waggons and floops shall be providad, in order to transport and to remove on board ship the private property of the generals, their aid-de-camps, the ordinaries and commissaries, chiefs of corps, officers civil and military, &c. Their property and their papers shall not be subject to any search or inspection, upon the promise of the generals stipulating that there shall be no public property among them.

Answ. Granted.

VI. Some vessels belonging to the republic, able to keep the sea, fhall depart at the same time with the division, to go to a part of France, after being provided with the necessary provifions.

Answ. Refused.

VII. The fick who are able to be transported shall be embarked with the division, and provided with provisions, medicines, surgeons' chests, and officers of health, necessary for their care during the passage. Those who are not able to be transported fhall be treated with the necessary care; the general in chief leaving at Malta a physician and a surgeon in the service of France, who shall attend to them. They hall be furnished with lodgings gratis, if they come out of the hospital, and they shall be sent to France as soon as their situation will permit, with all that belongs to them; and in the same manner as the garrison. The generals in chief of the sea and land forces evacuating Malta, intruft them to the honqur and humanity of the English general:

Answ. Granted.

VIII. Every individual, of whatever nation, inhabiting the iland of Malta, or the others, shall neither be troubled, nor disturbed, nor inolested, 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 those who have taken arms, or have filled civil, administrative, or military employ. ments. They shall not be called to an account for any thing, much less prosecuted for acts of their commission.

Answ. This article does not appear capable of being made the object of a military capitulation, but all the inhabitants who Thall desire to remain may be assured of being treated with justice and humanity, and 'hall enjoy the full protection of the laws.

IX. The French who inhabit Malta, and all the Maltese, of whatever state they may be, who with 10 follow the French army, and to go into France with their property, shall be at li. berty to do so. Those who have moveables or immoveables, which cannot be immediately sold, and who may have the intention of going to reside in France, shall be allowed six months from the date of the signing of the present capitulation, to sell

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their landed or moveable property. These proprietors shall be respected. They shall act for themselves, if they remain, or by their authorized agent, if they follow the division. When they shall have finished their affairs in the time agreed on, they Mall be furnished with passports to go to France, transporting, or causing to be transported, the moveables which may remain to them, as well as their capitals in money or bills of exchange, according as it may so happen.

Answ. Granted, in the sense of the reply to the preceding article.

X. As soon as the capitulation is figned, the English general shall leave entirely to the disposition of the general commanding the French troops, to cause a felucca to depart, with the necesfary equipage, and an officer charged to carry the capitulation to the French government. The necessary safe conduct shall be granted to him.

Answ. Granted.

XI. The articles of the capitulation being signed, there shall 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 consigned to this guard not to suffer to pass into the city, either any foldiers of the besieging troops, or any inhabitants of the islands, till the French troops shall be embarked, and out of sight of the port. In proportion as the embarkation goes on, the English troops shall occupy the posts by which the places may be entered. The English general will perceive that these precautions are indispensable, that no disputę may arise on the subject, and that the articles of the capitulation may be religiously observed.

Answ. Granted, conformably to what is provided by the reply to the first article; and all precautions shall be taken to prevent the Maltese troops from approaching the posts occupied by the French troops.

XII. All alienations or sales of moveables or immoveables by the French government, during the time it has remained in possession of Malta, and all transactions between individuals, Thall remain inviolable.

Answ. Granted, so far as they shall be just and lawful.

XIII. The agents of the allied powers, who shall be in Valetta after the surrender of the place, shall not be disturbed in any thing, and their persons and property shall be secured by the present capitulation.

Answ. Granted.

XIV. All thips coming from France, whether of war or of commerce, which shall enter this port, shall not be considered as prizes, nor the crews made prisoners, for the first twenty

days after

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