INSTRUCTIONS DU GOUVERNEMENT ANGLAIS AUX COMMISSAIRES ROYAUX

Whitehall, 18th October 1793.

My Lord and Gentlemen,

The circumslances under which possession has recently been taken of the town, harbour and forts of Toulon, in His Majesly's name, and the prospect of the extensive and important conséquences to which that event may lead in the southcrn part of France, hâve given occasion to the Commission, with the exécution of which you are entrusted. From the terms of that Commission, you will perceive that your attention is to be directed to three leadingobjects, the first of which is, to provide such régulations, and to take such steps as may be immediately necessary within the district of

Toulon andits dependencies, now in the possession of His Majesty; the second (which is more extensive and important), is to adopt such measures as may be best calculated for inducing other parts of France to hâve recourse to His Majesly's protection, and to join in promoting the re-eslablishment of a regular government, which may put an eud to the internai disorders in France, and open Ihe way to a satisfaclory termination of the war ; the third, in case any provinces or districts should be occupied by His Majesty's arms, or place themselves under His protection, to provide, as far as circumstances will admit, for their internai administration, and the régulation of their civil concerns in the interval, till some regular and gênerai System shall hâve been re-established, and a définitive pacification concluded...

In ail thèse vitws, it appears to be expédient that, in entering upon Ihe exécution of your Commission, you should immedialely publish, in His Majesty's name, a déclaration addressed lo the inhabilants of Toulon, according to the ténor of the paper herewith transmitted.

This déclaration is intended to embrace ail the points arising out of the papers exehanged between lord Hood and the inhabitants of Toulon, on which it appears necessary that His Majesty's pleasure should be made known.

The first article relates to the resloration of Toulon, which, according to the proposais made by the inhabitanls, and to lord Hood's déclarations, is to take place when peace is re-established in France. Tn the manner in which thèse proposais and déclarations are worded, the conclusion of the peace, and consequently the period of the restoration of Toulon, is left dépendent on the terms of peace, which may, hereafter, be agreed upon, when a negotiation can be set on foot for that purpose : but it has been thought material, in this article, to refer in gênerai terms to the nature of the conditions which His Majesty will justly be entitled to expect for himself and his Allies, whenever that discussion can be brought forward.

The second article conlains assurances in His Majesty's name, on Ihe requests made in the articles of the proposais from Toulon. The measures to be takenfor the protection of the inhabitants and ihe continuance of civil and military officers in their employments, are connected with points on which, in the course of thèse instructions, I shall more particularly convey to you His Majesty's sentiments. With respect to the necessary supplies for the relief and subsistance of the place, His Majesty's pleasure has been signified to lord Hood, and an order in Gouncil, of which a copy is-inclosed, has been passed, for removing the obstructions which

would otherwise prevent the intercourse of His Majesly's subjects wilh that port.

On the subject of the third article, it is not necessary for me to eûter into any minute détail. IL is sufficient lo inform you that, in addition to the force already at Toulon, His Majesly lias taken measures for sending, wilh the utmost expédition, british troops from Ireland and Gibraltar, which, whith the troops already there, will amount, in the whole, to above three thousand infantry, and a régiment of cavalry ; that it is His Majesly's further intention to send, as speedily as possible, a considérable body of Hessian infantry, which it is hoped will not be less than five thousand, and His Majesty lias directed his ministers abroad to second in the strongest manner the instances which hâve been already made for a re-inforcement of six thousand JNeapolitans and for whatever sardinian force can bespared from other opérations, as well as to prevail on the court of Vienna to send as speedily as possible a considérable corps of troops from the Emperor's italian dominions. By advices recently received, there is every reason to expect that renforcements from ail thèse quarters will shortly be collected at Toulon. Every exerlion will be used for the purpose of assembling on the whole a force not only sufficient for the defence of Toulon, but fully equal to offensive opérations...

Your powers should be so exercised as not to interfère with the authority of the military governor, in ail matters of military détail : every measure necessary for the safety of the place must be left to his discrétion* and must be liable to be enforced by his authority. As far as is consistent wilh this principle, due régulations ought to be framed for prolecting as far as possible the persons of the inhabitants, and forproviding for the ordinary course of justice, in civil concerns. The possibility of retainingthe inhabitants in their civil and military employments must dépend upon the dispositions which they manifest, and the circonstances of the place. The propriety of suffering any public meetings of the différent Sections of Toulon, or of authorizing and recognizing the •délibérations of any committee of safely or under whatever other dénomination they may hâve cxisted, according to the form prevailing previous to the place being delivered up, must begoverned by similar considérations. A power must be exercised wherever it is necessary of confining or sending away suspectcd persons. On ail thèse points, it is impossible to form spécifie instructions : the commissioners will jointly exercise their discrétion on the spot.

Under the second gênerai head of thèse instructions, your line of conduct is, in a great measure, pointed out in the fourth article of the déclaration...

The fundamenlal points to be attended to are thèse, that His Majesty's primary object is to endeavour as speedily as possible to terminale the war, on just, secure and honorable grounds; that, whatever may be the form of government in France, His Majesly will feel himself intitled to demand such terms, as may afford to himself and his allies reasonable indemnification for the past, and security for the future ; that it appears every day more, and more évident, that there is little prospect of a gênerai pacification being concluded on such terms, till some regular government is eslablished in France; that His Majesty is not disposed to prescribe any particular lorm, but that he is persuaded it is only on the foundation ot hereditary monarchy (subject to such limitations as may be found adviseable) that a rational prospect at présent exists of any regular government being re-established ; that, under this conviction, if any part of the french nation manifests its disposition to deliver itself from the tyranny now exercised in France, and to concur in the restoration of a regular government on the foundaiion of hereditary monarchy, His Majesty is ready to enter into engagements to suspend ail hostile proceedings against them, and nu longer to consider them as parties to the war in which His Majesty is necessarily engaged against France, but on the contrary to afford them protection and assistance, as far as circumstances will admit, during the interval previoustotheconclusion of a gênerai pacification ; that the précise form of limitation under which monarchy may be re-established must be reserved for future discussion and cannot form, at présent, the subject of any positive engagement; that, whatever places or districts may be delivered into His Majesty's possession, in conséquence of any engagement made on thèse principles, His Majesty willbe ready to restore them when regular government shall he re-established, and a définitive treaty of peace shall hâve been conducted, unless, by the terms of such treaty, it shall be agreed that any such place or district shall, for the purpose of indemnification or security, be ceded to any of powers who are engaged in concert with Hi3 Majesty, in the présent war...

No idea is entertained op pushing that principle to the extent of proposing any plan of partition or dismemberment applicable to the interior of France ; but it can only relate to such possessions on thefrontiers as shall appear on fair discussion to corne within the realobjects which areprofessed. As this considération is naturally more applicable to Austria than to any olher continental power, it does not appear that, in the south of France, this exception can be material with respect to any districts but such as may be contiguous to the frontiers, either of Spain or Sardinia, or possibly

Swilzerland, in case the Cantons should be brought to take an active part in the war. It is impossible to détail Ihis point more precisely'till His Majesly has formed a more particular concert on the subject with the powers who are interested, but you will keep in viewthe gênerai oulline which Ihave stated in order, on the one hand, not to preclude such just arrangements as may be found necessary at Ihe conclusion of the peace, and, on the other, not to croate an alarm fromthe idea ofextensive projects of aggrandizement and dismemberment, such as are not in His Majesty's contemplation. You will take proper measures that thèse principles which are to serve as the foundation of your conduct, should be as generally knownas possible. For this purpose, you will cause the déclaration which you are to publish at Toulon tobe circulatedas speedily as possible in the interior of France.

If there should appear a disposition, as thereis at présent great reason to expect, in the inhabitants of any places or districts in the southern provinces of France, to put themselves under His Majesty's protection, according to thèse principles you will consider yourselves authorizedto enter into intercourse, andto formagreemcnts with any description of persons, whose concurrence and assistance you may think useful for advancing the purposes of your Commission, you will be careful not to commit His Majesly by any engagement on the subject of the internai government of France, beyond the line which I hâve already stated. You will particularly be careful, on ail occasions, in stating His Majesty's conviction, that the acknowledgment ofan hereditary monarchy, and of Lewis the 17,h, as lawful sovereign, affords the only probable ground for resloring regular government in France ; to let it be understood that His Majesty considers the full benefit of that form of government to dépend upon the adoption of the just limitations and régulations of which it is capable, in such manner as the circumstances of the country may appear torequire.

On the other hand, you will avoid giving any assurance which could bind His Majesty to promote any fixed or specified articles of limitation in the présent moment, as it seems material to hold out one gênerai and fundamental principle, in which the greatest number of persons may be likely to concur, without entering inlo the différent distinctions and degrees of opinion on subordinate or collatéral points, on which there will materially exist, at least for a time, a great variety of sentiments.

On thèse grounds it is, that His Majesty is ready to extend his protection to allthose who concur in the leading point of acknowledging hereditary monarchy in the person of Louis the 17th ; and therefore, although His Majesty is far from meaning to pledge

himself to any approbation of the articles of the Constitution of 1789, and is, on the contrary, persuaded lhat every part of the french nation which wishes for the re -establishment of monarchy will ullimately see the impossibility of retaining many parts of that Constitution, y et His Majesty has not felt this, as any reasoh Ibr witholding his protection from the people of Toulon, under the circumstances in which it was sought for...

Wilh respect to Ihe Ihird head of instructions, lhat of providing for the intermediate administration of such places and districts as maybeoccupiedby His Majesty'sarms, or put themselves under his protection, it is still more difficult at présent to enter into any accurate détail...

From the nature of the case, ail such places and districts must be considered, as for the time, in His Majesty's possession, and subject to his suprême authorily, tho' under the engagement to restore them (with the reserve already mentioned) when a regular government shall be re-established, and a treaty of peace concluded. In the interval till that period arrives, and while such places remain in His Majesty's possession, it will be impossible to admit the exercise of any authorily in the name of any of the french princes, either under the character of Régent, or any other, unless the course of events should lead to any new arrangement on that subject, previous to a gênerai pacification. Any such arrangement must necessarily make the subject of future instructions, if the occasion should arise. In the mean time, the authorily reserved by His Majesty must, from ils own nature, be subject to no fixel limitations, and must, in a time ofwar, be enforced, wherever it is necessary, by the military power. But, in the exercise of this authority, il will be one of your most important dulies, to confine yourselves wilhin the bounds of necessity, lo disturb as little as possible whatever may be the ordinary course of civil and municipal concerns, and to consult, as much as circumstances will admit, the advantage, the ease, and even the préjudices of those over whomyour authority may extend.

ït will certainly be desireable that ancient forms and institutions should be revived, even under this provisional government, whenever il can be done with anylhing like gênerai concurrence...

The measures to be taken with respect to property which has been confiscated, and afterwards sold under the authorily of the Convention, as well as that which may belong to persons who may continue in hoslilily to His Majesty; with respect to the circulation or suppression of assignats, and also with respect to the collection and application of any public revenues, are also points of so much

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delicacy, and may dépend so much on local circumstances, that it is not thought right, al présent, to make Ihem the subject of positive instruction. But on a gênerai view of the subject, the restora^ion of every species of property which has been confiscated during the troubles, seems naturally to form so fundamenlal an ariicle in the re-establishment of order and lawful government, that it cannot be kept too constantly in view, and nothing but very pressing considérations of expediency should prevent its being eanied into exécution.

In addition to the points which I hâve already mentioned, it will become an important object of your attention, if any extensive districts should corne into His Majesty's possession, to consider how far corps of troops can safely and usefully be formed from the inhabitants, and by what means their aid may be rendered most effectuai in the prosecution of military opérations...