2ndly. That the said Arrangement took place in consequence of the Communications respecting this Proposal made to M. Charretie the French Commissary by the Commissioners of the Transport Office on the 12th October and the 13th November following in pursuance of the orders of the Lords of the Admiralty.
I shall not revert here, Sir, to the circumstances which preceded this Arrangement, but it is my Duty to declare to you, that the Consuls of the Republic having remarked that it was not founded upon any authentic Stipulation, that the Cartel of Exchange signed nearly Ten Months afterwards took not the least notice of it and that it was an obvious contradiction of all the usages and Laws of War, were of opinion, that on the one Hand, the further execution of it was derogatory both to the Interests and to the Dignity of the Republic, and, on the other that neither the good Faith the Government wishes to manifest on every occasion, nor the peculiar solicitude it owes to its Fellow Citizens, did in any manner call upon it to continue to observe this Arrangement.
Indeed, Sir, you have yourself declared, in your letter of the 6th October 1797 the one of the Motives which led you to wish for this Arrangement, was the Difficulty of judging whether the Complaints of the Prisoners were well or ill founded; that some of these Complaints were dictated by Passion by Prejudice or Animosity, whilst others arose solely from the Difference in their Mode of Living, and in the same Letter you acknowledged that the belligerent Powers in preceding Wars when the Account of Expences incurred for their respective Prisoners came to be adjusted admitted only the sums advanced for their Clothing.
The principal Motives alleged by you, Sir, were therefore the necessity of putting an end to the Complaints of the Prisoners and the Benefit they would derive from being subsisted and treated in a Manner conformable to their former Habits.
These motives were undoubtedly sufficient in support of your Proposal and although you added that War, though giving to the Captors an incontestable right over the Discipline and the Police of their Prisoners does not however impose upon them the Obligation of providing for their Wants you would certainly mean to allude to their secondary Wants only and in Proof of this the English Government, as you have already declared, always understood that it must have provided what was absolutely necessary for the subsistence of the French Prisoners even on the Supposition that none of the Demands contained in your letter had been acceded to. The respect paid by all civilized Nations to the immutable Laws of Humanity and the Empire of those Laws over the English Nation will not allow me to give any other Construction to your statement.
The result of this explanation, Sir, is that the mode adopted since November 1797 for the Subsistence and Treatment of Prisoners of War, had chiefly in view to ameliorate their Condition; the Consuls of the Republic in declining to observe this Mode any longer for the reasons before stated are nevertheless determined to neglect no means in order to ensure the same effect.
They have, in consequence, ordered me to assure you, that from the 1st of Nivose next when all remittances of money from England to France and from France to England for the Subsistence and Treatment of Prisoners of War are to cease your Countrymen in France shall be treated whether in Health or Sickness with every attention due to their Rank and Situation and that with a View to their Food being better adapted to their Mode of Living in their own Country; they shall receive both ashore and in any other Place of Detention the Ration fixed by the Fourth Article of the Cartel of Exchange.
As this Order of things will place France and England with regard to the Prisoners made by each of the Two Powers on the Footing on which they have stood previous to the 25th of November 1797 the Consuls of the French Republic desire that the English Commissary at Paris and the French Commissary at London may not interfere after the first of Nivose next in any Details relative to the Prisoners of War except in the cases specified in the 3rd Article of the Cartel of the 13th September 1798.
They have particularly directed me to assure you that the said Cartel shall be executed with that strict Attention to good Faith, which will characterize all the Acts of the French Consuls and that, if they have felt it their duty under the present Circumstances to re-establish the former System of Management with respect to Prisoners of War, they at the same time, understand that the two belligerent Powers may on the Return of a General Peace bring forward such Claims for Compensation as may then be deemed necessary.
I have the Honour to be, &c.,
(Signed) Niou.