1803.] 
tion of fuch a law to exert its powers in the 
cafes of individuals fuch as thofe of whom 
complaint is now made, and particularly as 
they are liable to he’ profecuted under the 
Taw of the land, in like manner as others have 
been in fimilar cafes, at the inftance, and 
upon the complaint of foreign Governments. 
The fevond general head, which includes 
the five laft complaints, relates to the remo- 
val of fome of the French emigrants refident 
in this country. His Majefty entertained 
hopes that the explanation furnifhed on this 
head in my difpatch, No. 14. Would have 
provedfatisfactory, and would have preclud- 
ed the neceility of any farther difcufiion on 
this fubject. The French Government have, 
upon feveral occafions, reforted on this par- 
of the fubject to’ precedent, and have part 
ticularly refted on the demand formerly made 
by this country, that the perton then called 
the Pretender, fhould be fent from the French 
dominions. It is important that the diffe- 
rences between thefe two cafes fhould be 
ftated. When.James the Second abdicated 
the throne, and left this country, he retired 
with his adherents to France; and tliongh in 
the war which immediately fucceeded that 
event, the French Government adopted his 
caufe as their own, no ftipulatioa was made, 
at the Treaty of Ry{wick, that he fhould be 
fent from that country, nor was any fuble- 
guent demand ever made to the French Go- 
vernment to this effect, but he was futfered 
to remain at St. Germain, in the neighbour- 
hood of Paris, furrounded by his family and 
friends, till the time of his death. it was not 
till after his demife, when Lewis the X1Vth. 
in direct violation of the treaty of Ryfwick, 
had acknowledged his fon as King of Great 
Britain, that a different courfe of proceeding 
was adopted by the Britiih Government ; and 
in the treaty of peace figned at Utrecht, 
which put an end to the war which had been 
carried on, on account of the Spanifh fuccef- 
fion, an article was inferted to prevent the 
Pretender from refiding in. any paxt of the 
French dommions. The demand which was 
fubfequently made for the removal of the 
Pretender from a town which was fituated 
in the centre of thefe domimions, was founded 
on this article of the treaty, which was in 
faét one of the conditions of the Peace; but 
both the article in the treaty andthe demand 
were confined jo the Pretender perionally, 
and were not extended to any of his family, 
or to any of his adherents. After his re- 
moval, many of his adherents continued to 
refide in France ; many perfons refident in 
this country, who were attached to the caule 
of the Pretender, and had promoted the re- 
bellion in his favour, and who were confe- 
quently attainted for high treafon, fought re- 
fuge in France, and were permitted to remain 
there till their death, without any application 
ever having been made bythe Britifh Govern- 
ment for their removal. The Duke of Ber- 
wick, the natural fon of James the Second, 
who from his principles and talents was the 
Correfpondence between Great Britain and France. 
457 
moft dangerous man to the interefts of this 
country and the Protettant fucceflion, conti- 
nued to be a veneral in the French armies, 
and though deicended from the King, an Eng- 
lifhman, and an emigrant, it was not requir~ 
ed that he fhould be fent out of France. In 
the prefent cafe, there is no article in the 
Treaty of Peace by which lis Majefty is 
bound to fend from this country any Freneh- 
man whatever, except on account of the 
crimes fpecified in the 20th article of the de- 
finitive treaty, and in confequence of the 
proofs therein required having been adduced. 
In. the prefent cafe, it cannot be pretended 
that his Majefty has ever given the flighteit 
countenance to the cautfe of the royalifts im 
France again the prefent Government, fince 
the period when he acknowledged that Go- 
vernment;. and if there were not thele im- 
portant differences in the two cafes, they 
would be totally diffimilar in the only re- 
maining point ; for in the cafe of the houte 
of Stuart, as has been already ftated, not- 
withftanding the violence of the times, and 
the danger to which the Protefant fucceflion 
was really expofed, this ftrong act of autho- 
rity was confined to the perfon of the Preten- 
der ; and the individual who muf be recos- 
nized in that character by the French-Govern- 
ment, and whofe cafe can alone bear any 
fimilarity{to the former, even in this refpect, 
is not, and never has been, within his Majet- 
ty’s dominions: other precedents might be 
adduced on this Cubjeét ; but it is not necef- 
fary to ftate them, as the foregoing are ful- 
ficient. 
With refpect to the complaints in detail un- 
der the fecond head. 
may inform the French Government, that the 
emigrants in Jerfey, many of whom had re- 
mained there folely on account of the cheap- 
nefs of fubfiftence, had actually removed, . 
or were removing, previous to the reprefen- 
tation concerning them in M. Otto’s note 5 
and that before your explanation with M. 
Talleyrand can take place, there will proba- 
bly not be an emigrant in the ifland. 
To the fecond complaint, which relates te 
the Bifhops of Arras and Saint Pel de Leon, 
and others, his Majefty can only reply, that 
ifthe facts alleged againit them can be tub- 
ftantiated ; if it can be proved that they have 
diftribated papers on the coait of France, 
with a view of difturbing the Governmeni, 
and of inducing the people to relift the new 
church eftablifhment, his Majefty would think 
himfe:f juftified in taking all meafures withia 
his power for obliging them to leave the coun- 
try ; but fome proofmuatt he adduced of thole 
facts ; and fuch procf imuft not be that of 
their having in a fingle inftance, viz. in re« 
ply to the Pope’s mandate, publifhed avindi- - 
cation of their own conduct, in refufing to 
conform to the new eftablitiment, a proceed- 
ing in which they would be juftifiable. og 
every principle ot toleration and jultice; but 
it fhould fhew that they have fince availed 
théinfelves of their fituatiua in this couany 
- 
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Upon the firft, you — 
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