Smith, though present, did not sign this precious paper, which, in a
letter to Hamilton, he called "the gratifying termination of his
labours;" but he had in his hand the orders of his immediate superior,
and temporary commander-in-chief, to notify any "foreigner, general,
or admiral," that the execution of such an agreement would not be
permitted by the British Navy, and it would have been his own duty to
stop any ships attempting to carry it out, until other orders were
received. His powers as joint plenipotentiary having ceased, he was
now simply the naval officer. As it happened, Keith, who by this time
had relieved Nelson, brought out from England clear directions from
the Government not to allow any transaction of this kind; and although
he personally favored the policy of evacuation, feeling perhaps the
inconvenience of detaching ships so far from his centre of operations,
he was not a man to trifle with orders. Rumors of what was going on
had evidently reached him, for on the 8th of January, a fortnight
before the convention was signed, he wrote to Kleber a letter, which
he directed Smith to deliver, thus placing it out of the power of that
very independent officer to leave any mistake as to actual conditions
in the mind of the French general. To the latter he said: "I have
positive orders not to consent to any capitulation with the French
troops, at least unless they lay down their arms, surrender themselves
prisoners of war, and deliver up all the ships and stores of the port
of Alexandria to the Allied Powers." Even in such case they would not
be allowed to leave Egypt until exchanged. Any persons that attempted
to return, pursuant to an arrangement with one of the Allies,
exclusive of the others, as the El-Arish Convention was, would be made
prisoners of war.

Nelson's opinions in this matter had never wavered. As rumors of what
was brewing got about, he wrote to the Earl of Elgin, on the 21st of