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it was notorious that many of the unfortunate individuals, thus traduced, were locked up in prifons, where calumny-and fufpicion were at that tyrannical period fufficient realons to confine and to treat them with the moft unfeeling barbarity, But were it only out of refpect for the rights of the people at large, a law should be abrogated, that took from them the conftitutional right of chuting to places and dignities in the ftate, thole whom they reputed worthy of their confidence. To deny them this riglit, was to abridge them of their liberties in a most elential point. To plead the fafety of the nation was the language of tyranny, and would justify every fpecies of defpotifm. What crimes had not been committed by the languinary tribunals, erected on the pretence of punithing the foes to the revolution?

To thefe, and other arguments, in favour of a repeal, it was replied, by the fupporters of the law, that it palled at a time when it was deemed indifpenfible for the prefervation of the national freedom, and the fecurity of the conftitution just established. Its numerous and active enemies were every where in motion, and striving with all their might to fet the people against it. Sulpicions were warrantable motives to exclude those on whom they fell, at a time when fo many were jusily fufpeced, from stations of power and truft, wherein they might have

acted fo

monwealth. Would it have been prudent to expose it to fuch danger

at

throw the whole nation at once into the hands of so many concealed enemies? But the fuffering, fo bitterly complained of, amounted only to a temporary fufpenfion of their rights, of which they would undergo the deprivation, no longer than the short space that might elapse till the restoration of general tranquillity. As foon as peace was re-established, both at home and abroad, the fufpenfion of all privileges would ceafe, and every man be placed on the completeft footing of equality, in refpect of pretenfions to public employments. But till that period, it were the height of imprudence to place confidence in any but the tried friends to the commonwealth. The promotion of others would unavoidably excite fears and jealoufies. With what profpect of impartial justice could the relations of emigrants be entrusted with the execution of the fevere, but neceflary, laws enacted against them? Instances might oc cur, in the present situation of

things, when not only the liberty and property, but the very life of the dearest relative would be at stake: was it to be expected that the ties of confanguinity would not have their influence on these occafions, and that a man coolly and determinately would doom another to death, whofe life was as dear to him as his own? In this light, the law, fo violently reprobated, was in fact humane and merciful: it ex

hoftile a part to the com- empted individuals from those terrible conflicts between the feelings of nature, and the dictates of duty, wherein they could neither yield to the one nor to the other, without

by so many

home, while menaced foes from abroad? Allowing that a number of individuals fuffered unjally by this law, was not this a much less inconvenience than to VOL. XXXVIII.

incuring the imputation of betraying their truft, or of wanting humanity. When these various circum

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stances were duly confidered, it must appear that the repeal of the law in question would be attended evidently with so many inconveniences, that no judicious and unbiaffed person could require it. The interest of the public was not, in truth, more concerned in maintaining that law in its full vigour, than that of private families: both would equally fuffer from its abolition. It would often happen that justice would not be done to the public, or that by doing it, men would embitter the remainder of their lives, and become objects either of general resentment or compaffion. It being clear, therefore, that much more evil than good, must flow from the repeal of the law; and the security of the state being, at the fame time, a motive that ought to fupersede all others, that law could not with any propriety be abrogated. It was, at the fame time, much to be suspected, that many of those, who recommended such a measure, acted from sinister motives, as nothing could be a stronger proof of its impropriety, than the fatisfaction universally expressed, by the royalists, at fuch a question being brought before the two councils.

A multiplicitly of other arguments were alleged by the contending parties, in which the public joined with an earneftness that shewed how much all men were convinced of the importance of the Subject in debate. But the report of the committee seemed to carry an influence that could not, and ought not to be resisted. This was the opinion of the people at large, even more than of the council of five hundred, as the question against

the repeal was carried by a majority of only forty-four.

The minority, encouraged by this evidence of their strength, refolved, if it were not able to compass the repeal of the law of the third of Brumaire, (25th October, 1795;) fo to modify its provifions, as to direct them equally at the partisans and instruments of the terrorists and jacobins; and the royalists, who, after taking up arms against the republic, had fubmitted and been pardoned. The proposal of fuch an amendment proved highly exasperating to the supporters of that law, who afferted, that fufficient moderation had been shewn in exempting from its operation the actors and abetters in the insurrection against the conventional decrees for the re-elections. But the general difpofition of the council was so strongly marked by impartiality on this occafion, that the amendment was carried, to the great furprize of the public; the majority of which, though decidedly inclined to measures of lenity, was fearful of that preponderance of jacobinism, which had hitherto exerted fo irresistable an influence over all the proceedings of the legiflature.

The council of elders would willingly have consented to the total repeal of the law of the third Brumaire, and embraced, therefore, with readiness, an opportunity of mitigating its severity, by affenting to the amendment made by the council of five hundred.

This alteration of that fevere law proved a matter of unexpected triumph to the moderate party, which conftituted a large majority of the nation. The exclufion from posts of emolument, or of power,

was

was a heavy blow on that fanguinary faction, which had ruled by terror. It loft thereby a multitude of its agents, whose crimes now rendered them ineligible to public employments, and many were, on the fame account, obliged to vacate those which they possessed.

The difcerning part of the public looked upon this event, as a species of revolution, and formed the strongest hope that it would promote a reconciliation between the friends to a republican government, and those to a limited monarchy. Liberty being equally the aim of

both, it appeared not improbable that, if the latter could be satisfied of an earneft determination in the ruling powers to put an end to op pressive measures, the little profpect that now remained of fubverting the established government, would induce them to submit to it, rather than renew those attempts to restore their own system, which had fo re peatedly failed, not more through the rasiness or incapacity of those who had conducted them, than the general repugnance of the nation to join them upon those occafions.

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CHAP. XI.

Effects expected in France from a growing Spirit of Moderation. The Chief Object in the Councils of France, how to Break or to Weaken the Power of England.-Plan of the French for that End. -Means for Restoring the Pecuniary Credit of the French Republic. -A Rupture threatened betwcen the French Councils and Executive Directory.-Prevented by the neceffity of their acting in Concert.-The Legislature Invade the Province of the Directory, by the Appointment of a Committee for judging in Cafes of Appeals from Emigrants. Loftiness of the Directory.-Humbled by the Wife Economy and Firmness of the United States of America.-Jealoufies and Disputes between the French and Americans. And an open Rupture.

THE fpirit of lenity that feemed that power unfhaken and undimi

have arisen, and been nourished by the new constitution, began to operate powerfully in its favour, and to gain it daily fresh adherents. The people in France appeared in general extremely willing to fupport it, hoping that the period of internal confufions would thereby be accelerated, and that the European powers leagued against them, when they found that unanimity was re-established among the French, would cease to profecute the war for the restoration of the house of Bourbon to the throne of France, against the manifeft will of the nation.

The heads of the republic were now deeply occupied in the concerting of means to counteract the meafures of that power, on the indefatigable efforts of which all the others depended for the support of their own. It was with unfeigned mortification that France beheld

that had befallen the other parts of the coalition. That invincible spirit, which had so many ages accompanied the councils and the arms of England, and enabled it to maintain fo many contests with France, had, in the present, displayed greater energy than ever, and imprefied feveral of the foundest politicians with an idea, that however the French republic might for a while diffufe the terror of its arms among the neighbouring states, the perfevering courage of the English, aided by their immenfe opulence, would finally weary out the endeavours of the French to retain the acquifitions they bad made; and, that notwithstanding the republic itself might remain, it would, on the issue of the terrible trial it had stood, be compelled to remit of the pretenfions it had formed to prescribe terms of peace to all its numerous enemies, and to treat

treat at last upon a footing of equality with that one, which, while it remained unvanquished, would always prove an effectual obstacle to, that plan of universal influence over all the governments of Europe, which France had, since the unexpected fuccess of its arms, kept conftantly in view.

However the French might exult in the triumphant career of their armies, it plainly appeared, by the fentiments repeatedly expressed by the principal speakers of the convention, and in the councils, and upon all public occafions, to be their intimate perfuafion, however averse to avow it, that while England stood its ground, they would never totally accomplish those mighty schemes of conquest and influence. To execute them partially, would only involve them in perpetual quarrels with those powers whose interest required their depression, and whose cause England would never fail to support. Thus it was clear, that unless the strength of this ancient rival were effectually broken, and it were reduced to sue for peace on such terms as France should dictate, the propofed effect of so many victories would be frustrated, as the humiliation of all its other enemies would not secure to the republic those objects at which it avowedly aimed. The prolongation of the war, in order to attain these, might be attended with fuch viciffitudes of fortune, as would entirely change the circumftances of affairs, and oblige the republic, in its turn, to abate of its high pretensions, and even to compound for its existence, and the prefervation of the ancient limits of France.

That these ideas frequently ocfurred to the most sagacious of the

French, is incontestible, from the various publications of the time, and no less from that remarkable anxiety with which their rulers canvassed every subject relating to England. How to compass its depreffion was the chief object of their councils; and every fortunate event that befel them, in their numerous enterprizes, employed their confideration in what manner to convert it to the detriment of England.

Among the various means of obtaining that important end, the annoyance of the English maritime commerce, had long been tried, certainly not without some degree of success: but in no degree fufficient to weaken the naval power of England, which continued to rule the seas in every quarter of the globe, with irresistible sway. It was indeed from this very circumstance, that France derived a multiplicity of arguments in its manifestos and exhortations, both to its own people, and to the other nations of Europe. Their tendency was to prove, that England was the tyrant of the sea, and that all the European powers were interested in repreffing that tyranny. To effect this, they ought to unite cordially with France, and second its endeavours to restore the freedom of the feas, by abridging, through every means in their power, the commercial resources of England. The actual strength of its navy was fo great, that it could not at present be opposed with much hope of fuccess: but other methods might be used not less effectual in their ultimate issue, and these were in the option of every state. That the power which commanded the feas, commanded alfo the shores, and that naval power was of more importance than dominion at land, [M3] had

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