Bonaparte and Kleber held essentially the same view of the situation; but the one was interested, like a bankrupt, in concealing the state of affairs, the other was not. Kleber therefore gladly closed with a proposition, made by the Turks under the countenance of Sir Sidney Smith, who still remained in the Levant, by which the French were to be permitted to evacuate Egypt and to be carried to France; Turkey furnishing such transports as were needed beyond those already in Alexandria. A convention to this effect was signed at El Arish on the 24th of January, 1800, by commissioners representing Kleber on the one hand and the commander-in-chief of the Turks on the other. The French army would thus be restored to France, under no obligations that would prevent its at once entering the field against the allies of Great Britain and Turkey. Sir Sidney Smith did not sign; but it appears from his letter of March 8, 1800,[302] to M. Poussielgue, one of Kleber's commissioners, that he was perfectly cognizant of and approving the terms of an agreement in direct contravention of the treaty of alliance between Turkey and Great Britain, and containing an article (the eleventh) engaging his government to issue the passports and safe conducts for the return of the French,[303] which depended absolutely upon its control of the sea, and which his own orders from his superiors explicitly forbade.
The British government had meantime instructed Lord Keith that the French should not be allowed to leave Egypt, except as prisoners of war. On the 8th of January, over a fortnight before the convention of El Arish was signed, the admiral wrote from Port Mahon to notify Smith of these directions, which were identical in spirit with those he already had from Nelson. With this letter he enclosed one to Kleber, "to be made use of if circumstances should so require." This letter, cast in the peremptory tone probably needed to repress Smith, informed Kleber curtly that he had "received positive orders not to consent to any capitulation of the French troops, unless they should lay down their arms, surrender themselves prisoners of war, and deliver up the ships and stores in Alexandria." Even in this event they were not to be permitted to return to France until exchanged. The admiral added that any vessel with French troops on board, having passports "from others than those authorized to grant them," would be forced by British cruisers to return to Alexandria.[304] Smith, knowing that he had exceeded his authority, had nothing to do in face of this communication but to transmit the letters apologetically to Kleber, expressing the hope that the engagement allowed by him would ultimately be sustained. In this he was not deceived. The British cabinet, learning that Kleber had executed an essential part of his own agreements, under the impression that Smith had authority to pledge his government, sent other instructions to Keith, authorizing the carrying out of the convention while expressly denying Smith's right to accede to it. Owing to the length of time required in that age for these communications to pass back and forth, such action had been taken by Kleber, before these new instructions were received, that the convention never became operative. The French occupation lingered on. Kleber, being assassinated on the 14th of June, 1800, was succeeded by Menou, an incapable man; and in March, 1801, a British army under General Abercromby landed in Aboukir Bay. Abercromby was mortally wounded on the 21st, at the battle of Alexandria; but his successor was equal to the task before him, and in September, 1801, shortly before the preliminaries of peace with Great Britain were signed, the last of the French quitted Egypt.