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been, had. she contịnued 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 tlie imshe will receive pothing 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 før, 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 grátitied 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 detuțion 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 “a the habits, and the customs," of a people proud tribute indeed to this country, that, so civilized as that of France? We are told atter 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 in;to get rid of the Code Napoleon, and to pose on Alexander's unsuspecting mind, adopt the English Çode, 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 inirable 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 sonieihin: las been why were they so long in avowing their done towards the improvement of that sosentimeuts? 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 nien who hated | been established in Russi:1, for the cultiva. Napoleon, 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 liis. 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, i hat Françe 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 calfer red a continuance of his reign to the culated of any other to secure public and restoration of the Bourbons, (a position private happiness."— Much as has been), which has not yet, as far as appears to me, and is still said, about ibe extraordinary
patriotison 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 despols; I contess 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 suiprising 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, ihe 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 Sove. we 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 proinised, 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 for at present. Even what, in other cirto the Emperor Alexander, or to any one cumstances, might be held worthy of imiof them, views and intentions which never tation-the example of Napoleon-must, had a place in their minds, we would be in this instance, prove fatal to the measure,' doing these Sovereigns an injustice, should even supposing it had been in contemplawe afterwards blame them for not carry- tion; for it is not the least prominent feaing these supposed views and intentions into ture in this counter-revolution, that the effect. It would certainly be the safest provisional government, as was done when way not to believe too much on this head
!; 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 cone Bourbons, 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 etthe 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 al variance with had sworn to support, there was frequent thoso 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 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 Frarice, on the 1988: 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 consecond chamber should have a separate stitutions that I have yet seen. It was not 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 niuch 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 con. boastings of the English government; but forınable to the present improved state of its enthusiastic admirers conceal from you society, and so well adapted to the wanis, 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 with feelings of admiration and regret:-general eulogium, they hide from you the admiration of the splendid talents displayed fauits of the House of Peers, the manner in its formation; and regret that it should of composing it, the monstrous inequality bave so soon owed its subrersion to the of the popular representation, the absolute crimes of any set of men to whom France veto of the Monarch, and other errors seen had unsuspectingly given in charge so saand lamented by every good Englishman." cred a trust.—The Constitution of 1795,
- This answer, even at this day, will be however, though it gave way, in the first inregarded as sufficient to overthrow the vain stance, to an unjustifiable ambition, was boasting, and fulsomne panegyric of those afterwards greatly defaced by the estabwho are unceasingly praising the British lishment 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 tine and his services; independence of nations. I should have but he cannot sell himself or be sold: his willingly endeavoired to assist in preserv- person is not an alienable property. --XVI. ing this recollection, by inserting it in the All contribution is established for genera) 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 theuniversality of citizens:-XVIIT. which will enable the reader, by á No individual, and no partial union of citicomparison with the outline of the new zenis, can arrogate the sovereignty.--XIX, French Constitution already published, to No man can, without a legal delegation, determine wbich of them deserves the pre- exercise any authority, nor till any public ference; and, if it is afterwards thought function.-XX. Each citizen has an equal expedient, I shall give the concluding right to concur immediately or mediately articles in subsequent numbers :-- in the formation of the law, the nomination The French Constitution, adopled by the of the representatives of the people, and
Convention, August 22, 1795. the public functionaries.-XXI. Public New Declaration of the rights and du- functions cannot become the property of ties of man, and of a citizen. The French those who exercise them.-XXII. The soPeople proclaim, in the presence of the cial guarantee caunot exist, if the division Supreme Being, the following declaration of powers is not established, if their limits of the rights and duties of man, and of a are not fixed, and if the responsiblity of citizen: Rights.-1. The rights of man the public functionaries is not assured.in society are --liberty, equality, security, Duties. I. The declaration of rights conproperty.-II. Liberty consists in the tains the obligations of legislators: the power of doing that which does not injure maintenance of society demands that those the rights of another.—III. Equality con- who compose it should equally know, and sists in this that the law is the saine for fulfil their duties.-II. All the duties of all, whether it protect or punish; Equali- man, and of a citizen, spring from these ty admits no distinction of birth, no here- two principles, engraved by nature in every ditary power.--IV. Security results from heart :-"Do not to another that which the concurrence of all to secure the rights you would not another should do to you.”' of each.-V. Property is the right of en L"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 terniined 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 pros ed until he has been heard, or legally sum- duce, all means of labour, and all social moned.—XII. The law ought not to de- order.-IX, Every citizen owes his service cree any punishment but such as is strictly to his country, and to the maintenance of necessary, and proportioned to the offence. liberty, of equality, and of property, as -XIII."All treatment that aggravates the often as the law calls upon him to detend punishment determined by the law is a them,
THE WHITE COCKADE.-The streets tain permission to depart.-Like the chilof London-musty.on. Wesiresday. hst, have dren of krael coining out of Egypt, none appeared to a stranger quite chearful; givil of these will go away empty handed: what ing him, by the innumerable white cockt they may have acquired by arts, and indusa ades parading up and down, the idea of try; or by favour, they will take with them. a great number of weddings, according to This, unquestionably', will be a real public the good old English custom of servants loss. Bank notes will, no doubt, remain, wearing these favours, or, emblems of joy bat they will take with them gold and vaon those occasions. But to the well in-luables. Of the amount we can form no formed and reflecting mind, it suggested just estimate. The French emigrants, very different ideas : every cockade he met, French" prisoners, and Englishmen who recalled to his memory the eight hundred will emigratè, cannot however, be supmillions it has cost the nation to restore the posed to take less than what the law allows Bourbons; - who may, perhaps, feel them--namely-tive guineas each person. This selves highly affronted should we ever" much then will add to the difficulty felt by give them the least hint about the expence, the great scarcity of gold. Their deparand be apt to say, they have done us great ture will likewise thin the metropolis and, honour, by submitting to accept our assist the country of inhabitants; thus making ance to regain the crown of France; thereby room, before winter sets in, for the admise plainly intimating, that we have done less Sion of an equal number of Hungarians, for the sake of re-establishing the ancient Prussians, Russians, and Cossacks, to the dynasty, than for the purpose of making very great delight and satisfaction of our our own governinent :more secure: Nay, shop-keepers, inn-keepers, and farmers, as it would not be at all extraordinary, if also of their charming wives and daughters. Louis XVII. should insist upon the resti, tution 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 preterice 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 MONSIBUR 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 Pranee; *and, how=* powers. On their dissolution they closed ever highly, we inay think of 'the royal their labours, which had continued only race, we are still bound to consider the about ten days, with the following address nation, excepting the noblesse and all the to the army :-"Soldiers, you no longer emigrants, what we used to consider them, serve NAPOLEON, but you belong always' frog-eaters and slaves Bat, taking it in to the country. Your tirst oath of fidelity another point of view; 'in counting the was to it-that onth is irrevocable and savast number of white cockades that have cred. The new Constitution secures to made their appearance, we may givė a you your honours, your ranks, and your pretty accurate guess at the suns expended pensions. The Senate and the Provisional in supporting“the wearers of them, and Government have recognized your rights. think it a happy deliverance to the nation, They are confident that you will never forthat we shall no longer have to pay these get your-dụties. From this moment your hangers-on their respective pensions"; at sufferings and your fatigues cease; but yoor least, we may hope, that these will be put glory remains entire. Peace will assure to a stop to when the receivers of them ob- you the reward of your labours. Wlrat
was your fate under the government which ... It is therefore proper they should again have is now no more? Dragged from the banks' a fleet to fight us as usua!; and it is proper they of the Tagus to those of the Danube should have West India' islands, that we may from the Nile to the Dnieper-by turns seize upon them again if it were but to keep up our marive, and to accứstom our hands to the scorched by the heat of the désart;or
frozen noble.trade of war..
by the cold of the North, you raised!