INSTRUCTIONS DU GOUVERNEMENT ANGLAIS AUX COMMISSAIRES ROYAUX

Whilehall, 18«'' October 1793.

My Lord and Gentlemen,

The circumslances under which possession has recently been taken of the town, harbour and foris of Toulon, in His Majesly's name, and Ihe prospect of Iheextensiveand imporlanl conséquences lo which that event may lead in the soulhcrn part of France, hâve given occasion to the Commission,- wilh the exécution of which you are entrusted. From the lerms of that Commission, you will perceive Ihat y ou r attention is lo bcdirecledlolhreeleadiogobjects, the first of which is, to provide such régulations, and lo take such sleps as may be immedialely nccessaiy wilhin Ihc district of

Toulon and ils depeDdencies, now m Ihe possession of His Majesty ; the second (which is more exlensive and imporlani), is lo adopl such meo sures as may be besl calculateJ for inducing other parts of France to hâve recourse to His Majesly's protection, and lo join in promoting the rc-eslablishment ofa regular government, which may put an end to the internai disorders in France, and open the way to a satisfaclory lerminalion of the war; the Ihird, in case any provinces or districts should be occupied by His Majesty's arms, or place themselves under His protection, to provide, as far ascircumstanceswill admit, for their internai administralion, aod Iho régulation of their civil concerns in Ihe inlerval, tili some regular and gênerai System shail hâve been re-established, and a définitive pacification concluded...

In ail Ihcse viiws, il appears to bé expédient that, in entering upon Ihc (weculion of your Commission, you should immedialely publisli, in His Majesly's name, a déclaration addressed lo the inhnbilanls of Toulon, according to the lenor of Ihe paper herewith transmilted.

This doclaralion is intcnded lo embrace ail the points arisingout of the papers exchanged belween lord Hood and the inhabitanls of Toulon, on which il appears necessary that His Majesly's pleasure should be m:ide known.

The first article relates to the resloraliou of Toulon, which, according lo the proposais made by the inhabitanls, and to lord Hood's déclarations, is to lake place when peace is re-eslablished in France. In the manner in which thèse proposais and déclarations are worded, the conclusion of the peace, and conscquently the period of Ihe rosloration of Toulon, is left dépendent on Ihe tcrms of peace, which may, hereafler, be agreed upon, when a ncgotialion can be set on foot for that purpose : but it bas becn Ihought malerial, in Ihis article, to refer in gênerai terms to the nature of the conditions which His Majesty will justly be enlilled to cxpcct for himself and his Allies, whenever that discussion can be broughl forward.

The secori.l ufticle contains assurances in His Majesly's name, on the requesis mado in the articles of Ihe proposais from Toulon. The mra«nn*s lo be lakenfor the protection of Ihe inhabitanls and Ihc continuance of civil and mililary officers in Ihcir employments, are connecled with points on which, in the course of thèse instructions, I shall more parlicularly convey lo you His Majesly's senlimenls. With respect lo the ncccssary supplies for Ihe relief and subsistance of the place, His Majesly's plcasr.re has been signified to lord Hood, and an order in Council, of which a copy is incloscd, has been passed, for removiog the obstructions which

would otherwise prevent Ihe intercourse of His Majesty's subjects wilh that port.

On Ihe subject of the third article, it is nol necessary for me to enter into any minute détail. It is sufficient to inform you that, in addition to the force already at Toulon, His Majesty bas taken measures for sending, wilh the utmost expédition, brîtish troops from Ireland and Gibraltar, which, whitb the troops already there, will amounl, in the whole, to abovc Ihree thousand infantry, and a régiment of cavalry ; that it is His Majesty's further intention to send, as speedily as possible, a considérable body of Hessian infantry, which it is hoped will not bc less (han five thousand, and His Majesty bas directed his miuislers abroad to second in the strongest manner the instances which bave been already made for a re-in forcement of six thousand Neapolitans andfor whatever sardinian force can bespared from other opérations, as well as to prevail on the court of Vienna to send as fpeedily as possible a considérable corps of troops from theEmperor's italian dominions. By ad vices recently received, there is overy reason to expecl that reînforcements from ail thèse quarters will shorlly be coUecled at Toulon. Every exertion will be used for the purpose ofassembling on the whole a force not only sufficient for the défonce of Toulon, but fully equal to offensive opérations...

Your powers should be so exercised as not to interfère wilh the authority of the military goveruor, in ail matters of mililary détail : every measure necessary for the safcty of the place must be lefl to his discrétion, and musl be liable to be enforced by his authority. As far as is consistent wilh this principle, due régulations ought to be fk'amed for protccting as far as possible the personsoftheinhabilanls, and forproviding for the ordinar y course of justice, in civil concerns. The possibility of retainingthe inhabilaots in thoir civil and military employmenls must dépend upon the dispositions which they manifest, and the circumstances of the place. The propriety of suffering any public meetings of the dilTerent Sections of Toulon, or of authorizing and recognizing the délibérations of any commiltee of safety or under whatever other dénomination they may bave cxisted, accordiog to the form prevaiiing previous to the place being delivered up, must be governed by similar considérations. A power must be exercised wherever it is necessary of conflning or sending away suspected persons. On ail thèse points, il is impossible to form spécifie instructions : the commissioners willjointly exercise their discrétion on the spot.

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

The fuDdatnenlal points to be allended to are Ihese, that His Majesly's primary objoct is lo endeavour as speedily as possible to terminale Ihe war, on just, seciire and honorable grounds; thaf, whalever may be Ihe form of fçovernmenl in France, His Majesly will feei himself intilled to demand such terms, as may afford lo liimself and his allies reasonable indemnification for the past, and security for the future ; thaï il appears every day more and more évident, Ihat Ihere is liUle prospect of a gênerai pacification being concluded on such terms, liil some reguiar governraenl is established In France; that His Majesly is not disposed to prescribe any parlicular lorm, but .that he is persuaded it is only on the foundalion ot heredilary uionarchy (subjecl to such limitations as may be found adviseable) that a ralional prospect al présent ftxists of any reguiar government being re-eslablished ; that, under Ihis conviction, if any part of the french nation manifests ils disposition to deliver itself firom the tyranny now exercised in France, and lo concur in the restoration of a reguiar government on the foundalion or heredilary monarchy, His Majesly is ready ta enler inlo engagements to suspend ail hostile proceedings against them, and no longer to consider them as parties lo the war in yvhich His Majesly is necessarily engaged against France, but on the contrary to afford them protection and assistance, as far as circumstances will admit, during the inlerval préviens to thcconclusion of a gênerai pacification ; thaï the précise form of limitation under which monarchy may be re-eslablished musl be reserved for future discussion and cannot form, al présent, the snt)jecl of any positive engagement; that, whalever places or districts may be delivered inlo His Majesly's possession, in conséquence of any engagement made on Ihese principles, His Majesly wiUbe ready to restore them when reguiar government shall he re-eslablished, and a définitive treaty of peace shall bave been conducled, 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 lo any of powcrs who are engaged in concert wilh His Majesly, in the présent war...

No idea is enterlained op pushing that principle to the extent of proposing any plan of partition or dismemberment applicable lo the interior of France ; but it can only relate to such possessions on the frontiers as shall appear on fair discussion to corne within the realobjects ^hich are professed. As Ihis considération is naturally more applicable to Austria than lo any olher continental power, il does not appear Ihat, in the south of France, Ihis exception can be material wilh respect lo any districts but such as may be conliguous to the frontiers, either of Spain or Sardinia, or possibly

SwUzerland, in case the Gaotons should be brought lo take ua active part in Ihe war. It is impossible lo détail Ihis point more precisely' till His Majesty bas fopmed a more particular concerl on Ihe subject with the powers who are interested, butyou will keep in viewthe gênerai oulline vvhich Ihave staled 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 olher, not to creale an alarm fromthe idea of extensive projects of aggrandizement and dismemberment, such as are not in His Majesty's contemplation. You will take proper measures Ihat 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 circulatcd as speedily as possible in the interior of France.

If there should appear a disposition, as thereis at présent great reason to expect, in the inhabilants of any places or districts in the soulhern provinces of Fraûce, to put themselves under His Majesty's protection, according to thèse principles you will consider yourselves authorized to enter into intercourse, and to form agreemenls with any description of persons, whose concurrence and as^ sistance 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 Une which I bave 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 iT^j as lawful sovcreign, affords the only probable ground for restoring regular government in France ; to let il be understood that His Majesty considers Ihefull benefit oflhat form of government to dépend upon the adoption of the just limitations and régulations of which it is capable, in such manner as the circumstancesof the country may appear lo require.

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

■ On thèse grounds it is, that His Majesty is ready to ex tend his protection to ail Ihose who concur in the leading point of acknowledging hereditary monarchy in the person of Louis the 17*^ ; and therefore, although His Majesty is far frora meaning to pledge

himself lo any approbation of the articles of the GonsUtution of 1789, and is, on the conlrary, persuaded Ihat every part of Ihe french nation which wishcs for Ihc re-establishment of monarchy wii] ullimately see Ihe impossibility of relaining many parts of Ihat Constitution, vet His Majesty has not felt this, as any reason for w itholding his protection from the people of Toulon, under the circumslances in which it was sought for...

Wilh respect to tlie Ihird head of instructions, Ihat of providing for the intermcdiate administration of such places and districts as inay beoccupied by His Majesty'sarms, op put themselves under his protection, it is stili more diffîcult at présent to enter into any iiccurate détail...

From the nature of the case, ail such places and districts musl be considered, as for the time, in His Majesty 's possession, and subjcct to bis suprême authority, tho' under the engagement to reslore them (with the reserve already mentioned) when a rcgular government shall be re-established, and a trealy of peace concluded. In the interval till that period arrives, and while such places rcmain in His Majesty's possession, it will be impossible lo admit the exercise of any aulhorily in the name of any of the french princes, either nnder the character of Hegent, or any other, unless Ihe course of evenls should lead to any new arrangement on Ihat subject, préviens to a gênerai pacification. Any such arrangement fnust necessarily makc the subject of future instructions, if the occasion should arise. In the mean time, the authority reserved by His Majesty must, from its own nature, be subject lo no fixed limitations, and must, in a lime ofwar, be enforced, wherever il is necessary, by the military power. But, in the exercise of Ihis aulhorily, il will be one of your most important dulies, to confine yourselves wilhin the bounds of necessily, to disturb as litlle as possible whatever may be theordinary course of civil and municipal concerns, and to consult, as much as circumslances will admit, Ihe advanlago, the ease, and even the préjudices of those over whora your authority may ex l end.

Il will cerlainly be desireable that ancient forms and institutions should be rcvived, even under this provisional government» whenever it can be done with anylhiug like gênerai concurrence...

The measures to be taken with respect to property which has been confiscated, and afterwards sold under the authority of the Convention, as well as that which may belong to persons who may continue in hostilily 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

deilcacy, aod may dépend so mucb on local circumstances, that il îs not thought rîght, at présent, to make them the subjeet of positive instruction. But on a gênerai view of the subjeet, Ihe restoration of every species of properly which bas been confiscated during the troubles, seems naturally to form so fundamental an article in the re-establishment of order and lawful government, that it cannot be kept too constantly in \iew, and nothing but very pressing considérations of cxpedîeocy shouid prevent its being canied into* exécution.

In addition to the points which I hâve already mentioned, it wlH become an important object of your attention, if any extensive districts shouid cotne 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...