Here matters seem to have rested for a time.  Smith could scarcely dare to disregard such orders at once, and Bonaparte was not yet disposed openly to confess failure by seeking terms.  In the autumn of 1799, however, the Earl of Elgin went to Constantinople as ambassador, Spencer Smith dropping to secretary of embassy, and his brother remaining on the Egyptian coast.  Elgin was far from being in accord with Smith’s general line of conduct, which was marked with presumption and self-sufficiency, and in the end he greatly deplored the terms “granted to the French, so far beyond our expectation;” but he shared the belief that to rid Egypt of the French was an end for which considerable sacrifices should be made, and his correspondence with Smith expressed this conviction.  When prepossessions such as this exist among a number of men associated with one another, they are apt, as in the case of Admiral Man consulting with his captains, to result in some ill-advised step, bearing commonly the stamp of concern for local interests, and forgetfulness of general considerations.  The upshot in this particular instance was the conclusion of a Convention, known as that of El Arish, between the Turks and the French, signed on board Smith’s ship on the 24th of January, 1800, by which this army of veterans was to be permitted to return to France unmolested, and free at once to take the field against the allies of Turkey and Great Britain, at the moment when Bonaparte’s unrivalled powers of administration were straining every nerve, to restore the French forces from the disorganization into which they had fallen, and to prepare for the spring campaign.

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