1^6 ANNUAL REGISTER, 1758.
was, that during the continuance of the fufpenfion of arms, thefc troops fhould remain quiet in their refpeiElive countries, and at the ex- piration of the fufpenfion they (hould be at liberty to renew their fervices by virtue of treaties, and in confequence of their quality of fubfidiaries, which was by no means deftroyed. This having happened, it would be ufelefs to examine the extent of the articles of the conven - tion, with regard to the deftination of the Hefiian troops in the pay of England.
The French miniftrymake but a very fliort anfwer to the accufitions of their having broke the conven- tion, fet forth in the Motl'ues and General Zaftrow's letter of Nov. 14. They fay, * That none of the « reafons alledged could occafion
- the breaking of the convention ;
- that no ftipulation had been made
« for the caftle of Schartzfeld, nor
- the reftitution of prlfoners ; that
- no mention had been made of
- the treatment of the conquered
- countries; and laftly, that the
- things fet forth in M. Zallrow's
' letter did not happen till after the
- convention had been firft broken
- by the Hanoverians.'
When one of the contrafting parties thinks itfelf authorifed to break a treaty, and no recourfe can be had to a fuperior judgment, it is moft natural for the other to think itfelf equally difengaged from all obligation. It is true, that in the treaty of Clofter-fevr-n no mention had been made of prifoners of war; but this point was adjulied fix days after, by the aft of accommoda- tion concluded at Bremeiworde, the 16th of September, 1757, be- tween General Sporcken and Ge- neral Villemur.
The fufpenfion of arms had put an end to the hoftilities of all forts which the French army could com- mit againft the king, in quality of elector; but was it not an hollility to take by a/fault the callle of Schartzfeld, to plunder it, and carry off the garrifon prifoners of war? Was it not an hoftility to redouble, after figning the conven- tion, the exaftions and violences toward the king's fubjedls, inftead of granting them the relief which they cxpcfled ? When a people fubmits and ceafes to make refift- ance, they have a natural right to a milder treatment from the con- queror, than another which is Hill in fear of hoftilities. The fubjefts of the eledorate tried, though im- poffible, to fatisfy the exaftions that were impofed upon them ; their rellgnation only multiplied the moft exorbitant demands, ac- companied with threatening"^, which but too plainly fhewed, that the total ruin and dellruflion of the country would be the confequences of a convention concluded to pre- vent this misfortune. Laftly, if the other breaches by the French had not exiftcd before the open break- ing of the convention. General Zadrow would have no reafon to complain of them in his letter of the 14th of November.
They pretend to jufiify them- felves by faying, ' That the pre-
- tence of difanr.ing the Heffians
• had been taken away by the
• king's complaifance, in deli fling ' from that condition ; that what
♦ wai faid in the Motives was
- falfe; that France had but very
• lately foftened her language on
• that head; that as early as the
- zd of November, Marshal Ri-
- chelieu had declared his having
• dchaed
