nation.

a

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 imshe 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, cati 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 de tution 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,. "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 lust that the only real security for politician; that his great mind will not als public 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 im to 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 beator 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 Imfeeling, 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 idle to talk of Napoleon having caused this immense flow of blood, if the Senate, knowing his weakness stood by and did nothing to prevent it.-But if, on the other hand, Bonaparte's Senate was attached to his dynasty; if the people entertained 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,

all this; when I find that the Emperor Alexander has made arrangements in his own empire for the introduction of universal freedom, I shall then, but not till then, subscribe to the opinion, which has now become so general, that France is about to receive, at the hands of her invaders and

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

to wait the course of events; and to suspend our opinion as to popular feeling in France, until it shall seem meet to the Allies to withdraw their immense legions from that country. The people will then have room to breathe, to think, perhaps to speak, and to compare notes together; they will then, with the sword no longer suspended over their heads, and the bayonet removed from their throats, have no apprehension of personal danger, which, at times, has a surprising effect in determining public opinion; they will then be able to examine, with coolness and deliberation, the merits of that "wonderful effort of human genius," the British Constitution, which, they are told, is alone capable of giving" real security" and of insuring

patriotism of the Allied Sovereigns; of their regard for the rights of the people; and of their determination to subvert the thrones of all despots; I confess I do not feel myself disposed to place implicit reliance in these novel professions. I do not mean to say that any of these Sovereigns have pro fessed an attachment to liberty, in which they are not sincere. What I doubt is, that they have at all uttered the many fine patriotic sentiments which have been ascribed to them. At one period of the French revolution, we find Louis the XVI. in a speech which he read to the National Assembly, declaring that for ten years previous, he had desired that the Provincial Assemblies "should be elected by the free suffrages of their fellow citizens;" and in the same speech he was made to say:-" Continue then your labours, without any passion but the love of your country; let the welfare of the people, and the security of civil liberty be the first objects of your attention." Now it is well known, that this speech of the unfortunate Louis, was written by his minister Necker; who, it is more than probable, did not consult his master about one word of it, and merely put in his mouth a language which was called for, at the moment, by the peculiar circumstances in which the King was placed. That his personal safety, and the rights of the throne, were not the secondary objects with Louis himself, and the welfare of the people, and the 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 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, aş 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 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

public and private happiness." They. will be able, on this examination, to contrast it with the Code Napoleon under which they have lived so long; and if, after: such examination and comparison, they. should come to the resolution of giving the former a fair trial, they may, at the end of a few years, be able to say which of them: deserves the preference-whether the military government of Napoleon, by which the national vanity has been so much flattered, and the Empire so greatly extended; or the commercial and peaceable reign of a Louis, with a circumscribed territory. Until some such occurrences take place and some such effects as these are produced, I do not see how the Constitution

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 contempla tion; 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 Iviously 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 con 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 exthe British Constitution was the best in the clamations, piously uttered by the ourier, 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. 66 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 1668: 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 spicit. 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 apthis 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 admirers 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 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 have so soon owed its subversion 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 fulsome panegyric of those afterwards greatly defaced by the estab who are unceasingly praising the British lishment of a military government, and his

crime.-XIV. No law, criminal or civil, can have a retroactive effect.-XV. Every man may engage his time and his services; but he cannot sell himself or be sold: his

finally received its death blow from the hands of invaders, will live in the remembrance of all who respect the freedom and independence of nations. I should have willingly endeavoured to assist in preserv-person is not an alienable property.-XVI. 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, which will enable the reader, by a comparison with the outline of the new French Constitution already published, to 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

tially in the universality of citizens.-XVIII. No individual, and no partial union of citizens, can arrogate the sovereignty.-XIX. No man can, without a legal delegation,

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 enjoying and disposing of a man's own goods, his revenues, the fruit of his labour, and his industry. VI. The law is the general will expressed by the majority, either of the citizens, or of their representatives.VII. That which is not forbidden by the law cannot be hindered.-No man can be constrained to that which the law ordains not.-VIII. No one can be cited, accused, 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 mancanbe judg-rest the cultivation of the earth, all proed until he has been heard, or legally summoned.-XII. The law ought not to decree any punishment but such as is strictly necessary, and proportioned to the offence, -XIIL All treatment that aggravates the punishment determined by the law is a

"Do constantly to others the good you would receive from them."-III. The obligations of every one in society consist in defending it, in serving it, in living obedient to the laws, and in respecting those who are the organs of them.-IV. No man is a good citizen, if he is not a good son, a good father, a good brother, a good friend, a good husband.-V. No man is a good man, if he is not frankly and religiously an

duce, all means of labour, and all social 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,

THE WHITE COCKADE.The streets tain permission to depart.-Like the chil of London must, on Wednesday last, have dren of Israel coming out of Egypt, none appeared to a stranger quite chearful; giv- of these will go away empty handed: what ing him, by the innumerable white cock-they may have acquired by arts, and indusades parading up and flown, 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 cistom of servants loss. Bank notes will, no doubt, remain, wearing these favours, or emblems of joy but they will take with them gold and va-·· on those occasions. But to the well in- liables. 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 emigrate, 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-five 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 depar and 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 admis plainly intimating, that we liave done tess 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 government 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 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 Turdia 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 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 NAPOLFON, but you belong always frog-eaters and slaves. But, taking it into the country. Your first oath of fidelity another point of view; in counting the was to it that oath is irrevocable and savast number of white cockades that have cred.The new Constitution secures to "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 flect 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

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 Danubefrom the Nile to the Dnieper by turns scorched by the heat of the desart, or frozen by the cold of the North, you saised