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been, had she continued under the military | been fully negatived) how then can it be said sway of Napoleon, for, in the former case, that a Constitution, framed under the im she will receive nothing in return, for the mediate influence of, if not actually dictated sacrifice of her rights; while, in the latter, by, foreign powers, who are in possession even although no other benefit attended it, of the capital, and whose authority is backed her passion for warlike fame; her thirst by a formidable army:- How, I ask, can", for military glory, would have continued this be considered the spontaneous act of to be gratified to the fullest extent. In the the French nation? How can it be said, language of the Courier, the new Consti- that a code of laws, adopted in such detution about to be established in France, grading circumstances, is, in any sense of ought to be a source of gratulation to this the word, correspondent" to the wishes, nation." It is, says that journal the habits, and the customs," of a people proud tribute indeed to this country, that, so civilized as that of France? We are told after trying all modes, France acknow- that the Emperor of Russia is an enlightened ledges at. last that the only real security for politician; that his great mind will not alpublic and private happiness, is to be found low him to interrupt the people's choice. in fashioning her Constitutional Charter I am willing to believe all this, and even as closely as possible after the model of the more of our magnanimous ally; but may British-Indeed!-It is the first time I not his Impertal ear be polluted, like that, ever heard of a people acknowledging the of many other great Sovereigns, by some blessings of a Constitution, which had been vile parasite, who, obtaining access to him forced upon them at the point of the bayo- by base and servile means, may employ net. If even the Senate had been disposed the advantage he has thus obtained, to into get rid of the Code Napoleon, and to pose on Alexander's unsuspecting mind, adopt the English Code, as the only real and to counteract, by his machinations, the security for public and private happiness, benevolent intentions of his sovereign? why did they not declare themselves before Why is it that that liberty which this great the sword was pointed to their breasts; Monarch is now conferring upon France, before two hundred thousand muskets in- has not been granted to any portion of his vironed the hall where they were assembled own subjects? Why is it that this "Lito legislate for the French people?-The berator of Nations;" this "Champion of Senate must have known the actual strength the People's rights," has not hitherto of Napoleon; they must have been aware, thought it expedient to acquire these adthat his resources would not long enable mirable titles in his own extensive dominihim to continue the contest. If, therefore, ons?—I shall be told that the state of sothey were in reality attached to the Bour-ciety there, does not justify this. At least bons, as, it is now said, they are to a man, then let us see that something has been why were they so long in avowing their done towards the improvement of that sosentiments? How can they excuse them-ciety; let us be told of the numerous selves, or where can any man find an ex-schools and other' seminaries which have cuse for the conduct of men who hated been established in Russia, for the cultivaNapoleon, who knew their own strength, tion of the mind; let us learn that it has who were perfectly acquainted with public been the chief study and pride of his Im-, feeling, and yet, who not only permitted perial Majesty, to adapt the habits and Napoleon, in these circumstances, to sacri- manners of his people to that liberty which, fice the best blood of France in a useless we are assured, is so congenial with his own struggle, but, in truth, employed their own sentiments, and to establish which, in Gerpower and importance in the State, to se- many and in France, he has made so many cond, according to the new received opi- sacrifices. When I am well informed of nion, his vain and foolish projects?-It is all this; when I find that the Emperor idle to talk of Napoleon having caused this Alexander has made arrangements in his immense flow of blood, if the Senate, own empire for the introduction of univerknowing his weakness stood by and did sal freedom, I shall then, but not till then, nothing to prevent it.-But if, on the subscribe to the opinion, which has now other hand, Bonaparte's Senate was attached become so general, that France is about to to his dynasty; if the people entertained receive, at the hands of her invaders and the same views; and if, jointly, they pre-conquerors, a Constitution "the best calferred a continuance of his reign to the restoration of the Bourbons, (a position which has not yet, as far as appears to me,

culated of any other to secure public and private happiness."-Much as has been,, and is still said, about the extraordinary

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patriotism of the Allied Sovereigns; of their | to wait the course of events; and to susregard for the rights of the people; and pend our opinion as to popular feeling in of their determination to subvert the thrones France, until it shall seem meet to the of all despots; I confess I do not feel my- Allies to withdraw their immense legions self disposed to place implicit reliance in from that country. The people will then these novel professions. I do not mean to have room to breathe, to think, perhaps to say that any of these Sovereigns have pro speak, and to compare notes together,fessed an attachment to liberty, in which they will then, with the sword no longer they are not sincere. What I doubt is, suspended over their heads, and the bayonet that they have at all uttered the many fine removed from their throats, have no appatriotic sentiments which have been ascri- prehension of personal danger, which, at bed to them. At one period of the French times, has a surprising effect in determinrevolution, we find Louis the XVI. in a ing public opinion; they will then be able speech which he read to the National As- to examine, with coolness and deliberation, sembly, declaring that for ten years previ- the merits of that "wonderful effort of ous, he had desired that the Provincial human genius," the British Constitution, Assemblies "should be elected by the free which, they are told, is alone capable of suffrages of their fellow citizens;" and in the giving "real security" and of insuring same speech he was made to say:-"Con- public and private happiness." They tinue then your labours, without any pas-will be able, on this examination, to consion but the love of your country; let the trast it with the Code Napoleon under welfare of the people, and the security of which they have lived so long; and if, after civil liberty be the first objects of your at- such examination and comparison, they tention." Now it is well known, that this should come to the resolution of giving the speech of the unfortunate Louis, was former a fair trial, they may, at the end of written by his minister Necker; who, it is a few years, be able to say which of them more than probable, did not consult his deserves the preference-whether the mimaster about one word of it, and merely litary government of Napoleon, by which put in his mouth a language which was the national vanity has been so much flatcalled for, at the moment, by the peculiar tered, and the Empire so greatly extended; circumstances in which the King was or the commercial and peaceable reign of a placed. That his personal safety, and Louis, with a circumscribed territory. the rights of the throne, were not the Until some such occurrences take place secondary objects with Louis himself, and some such effects as these are proand the welfare of the people, and the duced, I do not see how the Constitution security of civil liberty the first, is suf- about to be established in France, can be ficiently clear from the events which said to be the constitution of the people; followed shortly after he had been ad- unless, indeed, the Senate, under the direc vised to utter these sentiments. At least, tion of their Imperial Majesties, the Sovewe find the French people accusing him of reign of Prussia and the Crown Prince of insincerity, and leading him to the scaffold Sweden, who has at last made his appearbecause, as they asserted, "he had be-ance at Paris, give orders, as Bonaparte trayed the liberties of the people which he did, when he assumed the purple, to take had not only promised, but had sworn to the voice of the French people respecting protect.". We cannot, therefore, be too the proposed alterations. This, in truth, careful in our discrimination of the language would be recognising "the sovereignity of as to liberty, and the rights of the people, the people" and giving a practical proof, that said to have been used by the Allied Sove- the allied powers were, in sincerity, as reigns.-They may, and I trust, they are much devoted to the cause of the people as the sincere friends of freedom; but if, they are represented to be. But this is an from mistaking what they say on this sub-event which, I am afraid, is not to be looked ject, we should be too forward in ascribing to the Emperor Alexander, or to any one of them, views and intentions which never had a place in their minds, we would be doing these Sovereigns an injustice, should we afterwards blame them for not carrying these supposed views and intentions into effect. It would certainly be the safest way not to believe too much on this head;

for at present. Even what, in other circumstances, might be held worthy of imitation-the example of Napoleon-must, in this instance, prove fatal to the measure, even supposing it had been in contemplation; for it is not the least prominent feature in this counter-revolution, that the provisional government, as was done when Louis XVI. was dethroned, has enjoined

the destruction of every thing that has a | Constitution, and officiously endeavouring tendency to keep alive in the public mind, to thrust it upon the notice of all other nathe recollection of what France had pre- tions as a model of perfection; as the only viously been. The republicans, or jaco-political system calculated to secure public bins, as they were afterwards called, extin-happiness and prosperity-But I have been guished every vestige of royalty; less cannot told by some, that I am somewhat caprinow be expected of the partizans of the cious; that when all the world are conBourbons, towards a man whom they gratulating the French nation on the great always regarded as a tyrant and an usurper blessing of having been delivered from a of the throne of their legitimate kings. military despotism, I, being but a solitary As to what is said by the Courier, about individual, ought to give way to the general the French acknowledging "at last", that impulse; ought to join in the fervent exthe British Constitution was the best in the clamations, piously uttered by the Courier, world, if the writer intended by this that of" God save the King-God prosper the it was the first time any Frenchman had reign of Louis the XVIII, and of the proposed our constitution as a model, he Prince Regent,"-Others again have dewas either ignorant of the history of the manded, what will satisfy me? where can revolution, or willingly misrepresented the I find a constitution so well adapted to the fact; for, during the deliberations of the condition of man, as that which is now National Assembly, in the year 1789, re- offered to the French people?-With respecting that very code which Louis XVI. gard to my ideas being at variance with had sworn to support, there was frequent those of the great mass of mankind, I shall allusion to the English constitution, and only say, that there is no novelty in this, repeated attempts made to obtain its intro- for the opinions of the many have hitherto duction into France. When the question seldom corresponded with my opinions, was under discussion, whether the legisla- and, I am afraid, this will always be the tive power should be formed into one or case. As to the constitution which I two chambers? it was stated, by Lally, consider best calculated to promote huthat three powers were necessary to form man happiness, I have no hesitation in a balance. England (said he) affords an stating, that the one promulgated by the example of this since the national act in National Convention of France, on the 1688; no where are liberty, property, and 22d. of August 1795, appears to me enpolitical equality more respected. The titled to the preference over all other conIt was not second chamber should have a separate stitutions that I have yet seen. interest, otherwise it would be animated the work of a day; nor were those who by the same spirit. The legislative body framed it under the impulse of fear, while should be composed of the representatives deliberating on its important articles. Alof the nation, a Senate, and a King. The though the transfer of two thirds of the first chamber will be more calm in its de- convention into the legislative body, withliberations; the second will correct its out first obtaining the consent of the people, errors; and the King reciprocally keep both and which afterwards led to much serious the Senate and Representative Body in pro-abuse, was a feature in this constitution, per bounds by means of each other."-To which no real friend of liberty can ap this plausible theory, it was answered, by prove; still, it was founded upon principles Villeneuve;-"We hear of nothing but so consonant with sound reason, so conboastings of the English government; but formable to the present improved state of its enthusiastic adınirers conceal from you society, and so well adapted to the wants, its defects. You are perpetually told of customs, and habits of an enlightened peothe wonderful machinery of its two cham-ple, that I never turn my attention to it but bers, and three powers; but under this general eulogium, they hide from you the fauits of the House of Peers, the manner of composing it, the monstrous inequality of the popular representation, the absolute veto of the Monarch, and other errors seen and lamented by every good Englishman." -This answer, even at this day, will be regarded as sufficient to overthrow the vain boasting, and fulsome panegyric of those who are unceasingly praising the British

with feelings of admiration and regret:-admiration of the splendid talents displayed in its formation; and regret that it should have so soon owed its subversion to the crimes of any set of men to whom France had unsuspectingly given in charge so sacred a trust.-The Constitution of 1795, however, though it gave way, in the first instance, to an unjustifiable ambition, was afterwards greatly defaced by the establishment of a military government, and has

finally received its death blow from the [ crime.-XIV. No law, criminal or civil hands of invaders, will live in the remem- can have a retroactive effect.-XV. Every brance of all who respect the freedom and man may engage his time and his services; independence of nations. I should have but he cannot sell himself or be sold: his willingly endeavoured to assist in preserv-person is not an alienable property.-XVL ing this recollection, by inserting it in the All contribution is established for general Register; but its great length precludes utility: it ought to be assessed upon the the giving of it in detail, at least in one contributors in proportion to their means. number. I shall therefore, conclude this-XVII. The sovereignty resides essenarticle with the introductory part of it, tially in the universality of citizens.-XVIII. which will enable the reader, by a No individual, and no partial union of citicomparison with the outline of the new zens, can arrogate the sovereignty.-XIX, French Constitution already published, to No man can, without a legal delegation, determine which of them deserves the pre-exercise any authority, nor fill any public ference; and, if it is afterwards thought expedient, I shall give the concluding articles in subsequent numbers :-The French Constitution, adopted by the

function.-XX. Each citizen has an equal right to concur immediately or mediately in the formation of the law, the nomination of the representatives of the people, and the public functionaries.-XXI. Public functions cannot become the property of those who exercise them.-XXII. The social guarantee cannot exist, if the division of powers is not established, if their limits are not fixed, and if the responsiblity of the public functionaries is not assured. DUTIES. I. The declaration of rights contains the obligations of legislators: the maintenance of society demands that those who compose it should equally know, and fulfil their duties.-II. All the duties of man, and of a citizen, spring from these two principles, engraved by nature in every heart:-"Do not to another that which you would not another should do to you."

Convention, August 22, 1795. New Declaration of the rights and duties of man, and of a citizen.-The French People proclaim, in the presence of the Supreme Being, the following declaration of the rights and duties of man, and of a citizen: RIGHTS.-1. The rights of man in society are-liberty, equality, security, property.-II. Liberty consists in the power of doing that which does not injure the rights of another.-III. Equality consists in this-that the law is the same for all, whether it protect or punish; Equality admits no distinction of birth, no hereditary power.-IV. Security results from the concurrence of all to secure the rights of each.-V. Property is the right of en- -"Do constantly to others the good you joying and disposing of a man's own goods, would receive from them."-III. The obhis revenues, the fruit of his labour, and ligations of every one in society consist in his industry.VI. The law is the general defending it, in serving it, in living obedient will expressed by the majority, either of to the laws, and in respecting those who the citizens, or of their representatives. are the organs of them.-IV, No man is a VII. That which is not forbidden by the good citizen, if he is not a good son, a good law cannot be hindered.-No man can be father, a good brother, a good friend, a constrained to that which the law ordains good husband.-V. No man is a good not.-VIII. No one can be cited, accused, man, if he is not frankly and religiously an arrested, or detained, but in the cases de- observer of the laws.-VI. He who openly termined by the law, and according to the violates the laws, declares himself in a state forms it has prescribed.-IX. Those who of war with society.-VII. He who, withsolicit, expedite, sign, execute, or cause to out openly infringing the laws, eludes them be executed, arbitrary acts, are culpable, by craft or by address, hurts the interests, and ought to be punished.-X. All rigour of all: he renders himself unworthy of not necessary to secure the person of a man their benevolence and of their esteem.under charge, ought to be severely repress-VIII. Upon the maintenance of property ed by the law. XI. No man can be judg- rest the cultivation of the earth, all proed until he has been heard, or legally sum-duce, all means of labour, and all social moned.-XII. The law ought not to decree any punishment but such as is strictly necessary, and proportioned to the offence. -XIII. All treatment that aggravates the punishment determined by the law is a

order.-IX. Every citizen owes his service to his country, and to the maintenance of liberty, of equality, and of property, as often as the law calls upon him to defend them.

tain permission to depart.-Like the children of Israel coining out of Egypt, none of these will go away empty handed: what they may have acquired by arts, and industry or by favour, they will take with them. This, unquestionably, will be a real public loss. Bank notes will, no doubt, remain, but they will take with them gold and va

just estimate. The French emigrants, French prisoners, and Englishmen who will emigrate, cannot however, be supposed to take less than what the law allows

much then will add to the difficulty felt by the great scarcity of gold. Their depar ture will likewise thin the metropolis and the country of inhabitants; thus making room, before winter sets in, for the admission of an equal number of Hungarians, Prussians, Russians, and Cossacks, to the very great delight and satisfaction of our shop-keepers, inn-keepers, and farmers, as also of their charming wives and daughters.

7

THE WHITE COCKADE. The streets of London-must, on Wednesday hast, have appeared to a stranger quite chearful give ing him, by the innumerable white cock ades parading up and down, the idea of a great number of weddings, according to the good old English custom of servants wearing these favours, or emblems of joy on those occasions. But to the well in-luables. Of the amount we can form no formed and reflecting mind, it suggested very different ideas: every cockade he met, recalled to his memory the eight hundred millions it has cost the nation to restore the Bourbons; who may, perhaps, feel, them--namely-five guineas each person. This selves highly affronted should we ever give them the least hint about the expence, and be apt to say, they have done us great honour, by submitting to accept our assistance to regain the crown of France; thereby plainly intimating, that we have done less for the sake of reestablishing the ancient dynasty, than for the purpose of making our own government more secure. Nay, it would not be at all extraordinary, if Louis XVIII. should insist upon the restitution of such French men of war, as were COUNTER REVOLUTION IN FRANCE! seized by us at the commencement of the Since the publicution of last number of the revolution, under the pretence of keeping Register, accounts have been received that them for his family, should they after the Senate has dissolved the Provisional wards. regain the crown; or alledge, that Government, and that MONSIEUR has we could have taken possession of the taken upon him the executive power until French West India islands with no other Louis the XVIII. arrives in his capital. view, and, therefore, demand their resto- Prior to the suspension of the Provisional ration also. However, if peace is to ensue, Government, a decree was published, dethere will be no great harm in giving back claring the white cockade to be the "nato the Bourbons, the fleet and islands we tional cockade, and the only rallying sign: took from their nation; for, I apprehend, of the French;" and another, liberating all we, good Englishmen, are to resume our prisoners in France belonging to the allied old natural enmity to France, and, how-powers. On their dissolution they closed ever highly we may think of the royal race, we are still bound to consider the nation, excepting the noblesse and all the emigrants, what we used to consider them, frog-eaters and slaves. But, taking it in another point of view; in counting the vast number of white cockades that have made their appearance, we may give a pretty accurate guess at the sums expended in supporting the wearers of them, and think it a happy deliverance to the nation, that we shall no longer have to pay these hangers-on their respective pensions; at least, we may hope, that these will be put a stop to when the receivers of them ob

. It is therefore proper they should again have a fleet to fight us as usual; and it is proper they should have West India' islands, that we may seize upon them again if it were but to keep up our marine, and to accustom our hands to the noble trade of war..

their labours, which had continued only about ten days, with the following address to the army:"Soldiers, you no longer serve NAPOLEON, but you belong always to the country. Your first oath of fidelity was to it-that oath is irrevocable and sa-› cred.The new Constitution secures to you your honours, your ranks, and your pensions. The Senate and the Provisional Government have recognized your rights. They are confident that you will never forget your duties. From this moment your sufferings and your fatigues cease; but your. glory remains entire. Peace will assure to you the reward of your labours. What was your fate under the government which is now no more? Dragged from the banks of the Tagus to those of the Danube---from the Nile to the Dnieper-by turns scorched by the heat of the desart, or frozen by the cold of the North, you raised-use

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