UNIVERSITY OF CALIFORh AT LOS ANGELES S>econ& edition. THREE MEMORIALS ON FRENCH AFFAIRS entered at >tationerg' [ Price 3s. d. THREE MEMORIALS ON .FRENCH AFFAIRS WRITTEN IN THE YEA.RS , 1792 AND 1793. BY THE LATE RIGHT HON. EDMUND BURKE. PRINTED FOR F. AND C. RIVINGTON, ST. PAUL'S CHURCH- YARD} SOLD ALSO BY J. HATCHARD, PICCADILLY. 1797- DC 39/t? PREFACE "> r T^ O be engaged in a contention with iri- -* gratitude and fraud> is neither pleafing nor honourable ; but they who in difcharging the facred obligations of friendship are forced 1 into it, miift fubmit to the humiliation. They ^ would themfelves be criminal in the next de- gree, were they to cdniult their own perfonal feelings ; they are bound to confider only their '* In the beginning of the prefent year, a ^confidential paper, written by the late Mr. < Burke, was furreptitiouily publifhed in his name ; and at the end of it was advertifed a volume of pretended memoirs, anecdotes, and letters, of the Author. Some of his friends : ! (he was himfelf at Bath, ftruggling with the A difeafe which ultimately proved fatal to him) ^ obtained an injunction from the Court of a Chancery, 301S06 Chancery, on the very day of publication, By this prompt interference of the law, by the general discountenance of all liberal men, and by the bankruptcy of the bookfeller, which foon followed, the fale, though not wholly- flopped, was considerably checked ; and the memoirs, for the time, fupprefled. But fcarcely is the hand that wrote, and the tongue that dictated, yet cold in death, when, before it has been practicable even to examine and ar- range the numerous, papers which that admi- rable man has left behind him, and which bear imprefied upon them the living traces of his great mind through his whole career of publick action, and during the previous couife of fevere ftudy, by which he prepared him- felf to be what he became, a new notice is thrown forth, enlarged and improved a little in the language and arrangement, but in iub- ftance nearly the fame with the former. It Clearly comes, it can only come, from the fame quarter ; though perhaps the work it- felf may be coloured with fome more oilen- fible name. By this conduct, in addition to the turpi- tude which marked the. former attempt, the will will oFthe dead, regarded by all civilized na- tions with peculiar fan&ity, is violated. The friends, to whole care and judgment Mr. Burke confided the feleclion and ufe of his manufcripts, are no longer at liberty to exer- cife their own difcretion. They are not maf- ters even of the time, order, and method to be obferved in the execution of their truft. Without a choice, they are dragged along to meet or to overtake the diverfified arts of a man, who, fed by his bounty while alive, en- deavoured to difquiet the laft moments of his dying benefactor, and ceafes not to injure him in his grave. It is true, they have already obtained another injunction, but they are well aware, that crafty men will too often contrive to evade the law ; defperate men will dare to defy it. They know, indeed, from the for- mer experiment, that no deliberate encou- ragement will be given to the thefts and fa- brications of avarice or indigence : the new iyftem of morals has not made quite fo much progrefs in this kingdom : but they alfo know that publick curioiity, ftrongly excited as it muft be, by a promife of " Mr. Burke's ie- " cret correfpondence with the mofr. diftin- a 2 " guifhed guimed chara&ers of Europe," will demand to be indulged. It will feck irregular, if it be denied regular means of gratification. The thirft which is not permitted to drink of the frefh fountain or the clear ftream, will flake itfelf wherever it can, at the weedy pool or the muddy ditch. Their determination therefore is taken. It is, upon the whole, they believe, the befr. which their circumftances would allow ; though they may be in fome danger of thus furnifhing genuine materials, which are in their hands alone, and which mingled up with others of a different defcription, may be employed to lend a fallacious credit to the idle tales of credulity and folly, or the abfurd calumnies of enmity and envy. The prefent publication confifts of three Memorials, which were written in the years 1791, 1792, 1793, anc ^ relate to three very interefting epochs in the French Revolution. They more particularly treat of the effects, which, at thofe refpective periods, the author ^magined that event likely to produce on the political political ftate of all Europe. There is reafon to fuppofe that incorred copies of two out of the three have been fraudulently taken. Some other pieces are in the hands of the Printer, and will fhortly appear in a fecond pamphlet. They relate to the conduce of our two great parties at home, with a view to French politicks. Thefe two publications will fill up a very important chafm in the recorded opinions of the Author. There is nothing: on French af- O fairs in the quarto edition of his works later than the middle of the year 1 79 1 ; long before -the firft approach to actual hoililities between the French and the neighbouring: Powers of O O Germany. What he afterwards publi(hed takes up the fubjeft at the point of time, -when the King's Minifters, defpairing of fuc- cefs in the great purpofe of continuing, what- ever was the immediate caufe of beginning o O the war, had avowed a difpofition to nego- tiate a peace with the French Republick. A collection alfo of Mr. Burke's more im- portant portant letters, during the laft years of his life, efpecially on the fubjecl of France, is prepar- ing for the prefs. Of courfe it will be much more ample, than any thing which can be furnimed by the perfon from whofe fcanda- lous breach of truft alone any fpurious com- pilation can draw it's materials. Many of thefe letters were intended, not for the prefs indeed, but for free circulation in manufcript ; a channel, which through all the principal tranfactions of his political life, he ufed inilead of the publick prints, for explain- ing, as occaiion required, his principles or his conduct. Of thefe compofitions, ibmetiriies himfelf, and fometimes thofe around him kept copies. Some few of his letters were preferved by him as a fort of private proteft and record of his opinions, when on queftions of impor- tance he had the misfortune, (fuch he always fmcerely felt it to be) of diflenting from thofe with whom he generally acted. He was, from conviction, a party-man ; but he ever thought that party mould be fubfervient to principle, ( vii ) principle, not principle to party. His princi- ples are now, unhappily for his country and the world, become mere matter of hiftory, and whatever can elucidate them is due to the inftruction of the pubiick. His other letters, which paffed in the un- referved freedom of confidential intercourfe, can only be obtained from the liberality of the friends to whom they were addreiTed, many of whom have kindly promifed their contributions, and all of whom are re/peel: - fully defired to tranfmit to Meffrs. Riving- tons whatever they may have in that kind, which they may judge not unfit for the pub- lick eye. There is very little indeed of his correfpondence (and no man wrote more) which does not contain fome portion of a great body of ethicks and politicks, from which mankind may grow wifer and better. All thefe, and other fuch productions of his pen, as it may be thought right to print fepa- rately, will be given with all convenient fpeed in the octavo fize, which he himfelf in his life- time chofe for the firft editions of hi* Speeches ( viii ) Speeches and Tracts. They will afterwards be formed, with many other original pieces of a lefs temporary nature, into quarto volumes ; and to the whole will be prefixed a Life of the Author, accompanied with various letters and papers of a more early date, fome of which were pointed out by himfelf as " do- *' cuments for the hiftory, not of his own " life," he obferved, " but of his times," It has been frequently fuppofed, that he was himfelf employed in writing fuch a hiftory. But they who fuppofed this knew little of him. He bore too large a mare, much be- yond what is commonly known, in the lite- rature and politicks of the age, to be himfelf the hiflorian. Though not without a jufl fenfe of his own merits, he truly loved and praclifed that humility, which he has fo beau- tifully called, " the low, but deep and firm *' foundation of all real virtue." On princi- ple, he would never have confented to under- take a tafk, in performing which, to have done juftice to himfelf he muft have rifked the imputation of vanity; a vice which he abhorred to a degree, that by fuch as were not not intimately acquainted with his heart, might have been fometimes miftaken for vanity itfelf. He has left in manufcript fome biographical (ketches both of his foil and his brother ; none of himfelf. None are oftentatioufly in- troduced in any of his works. Cicero feems to have written fome of his books almoft for the purpofe of putting his own praifes into the mouths of others, and of fcuttering around thofe numberlefs little intimations, which at this difhnce of time we gather up with ib much delight, of his childhood, his education, his ftudies, his amufements, his manners, his relations, his friends, his houfes and pleafure- grounds, the gallery of Tufcu- lum, and the oak ofArpinum; but what- ever of that kind has fallen from Mr. Burke is only to be found incidentally interfperfed, where to have fuppreffed it would have been to betray his own fair reputation, in which his family, friends, and country, had an in- rereft as well as himfelf : it is to be found in his public or private anfwers to thofe who had brought charges againft him, and who were of a dignity to make a vindication of himfelf decorous, if not neceflary. The reft b mufl muft be fupplied by the diligence and judg- ment of others, partly from memory and partly from information, which, it is hoped, all who in any part of his life have been in- timate with him will be fo obliging to com- municate ; but principally from the different fources already mentioned above, and the rich ftore of detached hints, loofe notes, and un- finilhed fragments which remain in his hand- writing, relative to all the more momentous bufinefs in which he was engaged. His pen was always in his hand. He feldom thought or read without it. In the mean time, fome important parts of his conduit and character will receive light from this, and the fucceeding publications. It will at once be feen, whether the fenti- ments recently exprefled by him were indeed the genuine conclufions of an early fagacity, anticipating calamities to come with a certainty that almoft approached to infpired prediction, or nothing more than the falfe pretences of a tardy wifdom too late inftructed by the event. Thefc Thefe papers will contain his inmoft doc- trines. His countrymen have heard him in the Senate; they have read him in hisdeme- gorick writings defigned for popular effect; they will now attend him, as it were, into the Cabinet. The year i 79 i was highly critical in the developement of the French Revolution. Mr. Neckar and his colleagues had been driven with ignominy from their ports and the country. A new miniftry had been patched up from the accomplices and crea- tures of the original leaders in the National Aflfembly. Thofe leaders, to fecure the power which they had obtained, (hewed a difpoiition to put a flop tothofeconfufions, which they had themfelves excited or promoted. In their turn, they were ttamfelves attacked by a new fet of bolder, more ferocious, but more con- fiflent demagogues. The Priefts were de- claredly perfecuted ; the Nobles plundered and hunted into emigration. Civil authority there was none. The army and navy were corrupted, and all difcipline deftroved. The King and Queen, after a fhort and infeeure b 2 interval interval of comparative tranquillity, were again repeatedly infulted, and their lives open- ly endangered. In this Situation of things, Mr. Burke was of opinion, that our AmbafTador ought not to be an idle fpeclator of iuch icenes at the Court of a Monarch, who was in erFel a prifoner; that he ought to be recalled, or to interpofe the good-offices of onr Court be- tween Louis theXVIth and his feditious fub- jecls, agreeably to our duty under the gene- ral. law of nations, and the fpirit of onr pofi- tive treaties. On this plan he drew up " Hints for a Memorial to be delivered toM. Montmorin," by Lord Gower. Whether thefe Hints were ever actually feen by the King's Minifters, there is no trace among his papers to (hew, neither can thofe friends, from whom he was accuftomed to conceal nothing, undertake to fay from their recollection. It is probable, that they were not feen, as at that period hje had no diret intercourfe with Government, and events foon enfued in Franc*, which left no room for for fuch a mediation. The paper, however, will be printed at the end of this Preface: it was difcovered too late to be infertecl, where it ought to have flood in the body of this publication. It will bear a itrong, but not the only, teftimony to the Author's real prac- tical views, which have been fo malignantly mifreprefented, with regard to the French Revolution. However much he difapproved and contemned the falfe and treacherous prin- ciples, (ince renounced even by themfelves, in which it glorified itfelf at it's outfet ; how- ever early he warned his own country of their pernicious tendency, and the fteady and uniform march of their operation tobreak down a flouriming Monarchy into a hideous barba- rifm; however feelingly his nature detefted the cruelties and atrocities of all kinds, with which their progrefs was fyflematically ac- companied, for the purpofe of cruming all oppofition under the dominion of terrour ; yet while there appeared to him a chance of any quiet termination to thefe miferies and horrours, his counfels were moderate, conci- liatory, and healing. The very bafts of any agreement which the King of Great Britain, as ss the King of a people " perfe&ly andfolicUy, becaufe foberly^ rationally and legally free," could undertake to negociate, was to be the fettlement, and, if required, the guarantee of a free couftitution in France, but under an efficient Monarchy ; both their government and their freedom being eftablifhed " upon *' principles of moderation, as the only means " of fecuring permanence to both thefe blef- 44 fmgs, as well as internal and external tran- " quillity to the kingdom of France, and to ** all Europe." It will hereafter appear from his letters that, at a later period in the fame year, he held a very fimilar language to the exiled French Princes and their agents, when they were preparing to aiTert their rights by the fword. We mufh now pafs to the three Memorials, which form the immediate con- tents of this pamphlet. The King of France in the April of that year was prevented by the populace, with every kind of menace and outrage, from going to his Palace at St. Cloud. He complained to the National Aflembly. The refult was that he was compelled to fanclion a circular letter, letter, which was Soon after fent by 3\L Montmorin to all foreign Courts, announcing the new ConfHtution of France, it's nature, and principles. This was followed by new indignities and encreafed licentioufnefs, by the flight to Montmedi, the actual cuftody of the Royal Family, the mockery of reviling the Constitution, and the final acceptance of it by the King, which was notified in another cir- cular letter from M. Montmorin. By thele two official communications, unprecedented in diplomacy, the right of confidering the in- ternal Constitution of France was not only given to other States, if they had no fuch right before, but their attention was directly called to the Subject. Nor was the purpofe of the communications concealed. It was profeffedly to lead to Similar Revolutions in other countries. When the firStof thele ex- traordinary difpatches was originally Submit- ted to the ASTembly, long before any concert of Princes againSt France, it was enthuSiafU- cally applauded as " a Splendid example of a " great King proclaiming afar the liberty of " all people." It was, in fact, a general defi- ance to all the old Governments of Europe. Mr. ( xvi ) Mr. Burke had particular means of know- ing the difpofitions of the continental Powers. His fon during that fummer was at Coblentz, though not at the expence, nor with the for- mal authority, yet with the knowledge and approbation of Government. He was early convinced that the Declaration figned at Pil- nitz by the Emperor and the King of Pruffia was in a manner extorted by the Count d'Ar- tois, and was never defigned to be carried into ferious effect. The King of Pruffia refufed to ftir, till the Emperor mould have put him- felf in motion; and the Emperor hefitated to move from a real or pretended diftruft of this country. In general, the neighbouring Potentates feemed for a long time blind to the peril of their fituation, and when the au- dacity of BrifTot's faction, as foon as he had eftablimed his afcendency in the' fecond Af- fembly, made them reluctantly open their eyes, they were flruck with a fudden dread, from which they fought refuge in fubmif- iion. At home Mr. Burke found as little agree- ment with his views. Thofe leaders of Opposition ( xvii ) Oppofition, who in reality did not differ much from him, naturally wifhed to avoid as long as they could, any quefKon that might preci- pitate a direcl: breach with fome others of the fame party, who from a long connexion flood high in their confidence, and were dear tp their affections. Between Minifters and him- felf he believed there was a more efTential difference. He underftood them to think (as he afterwards told one of them) " that the * c new principles might be encouraged ; that " they might triumph over every interior and " exterior refinance, and even overturn other " States, as they had that of France, without ** any fort of hazard, that they would extend " in their confequences to this kingdom.'- His own opinion thus early was, that there never exifted a crifis fo important to the world ; that the power of France, which the preced- ing year had feen in a manner annihilated by. her internal anarchy, now appeared more for- midable than ever ; that all hope of a quiet fettlement to the diforders of that diffracted country was gone; that the more furious part of the Jacobin faction, who from the firft had been eager to difturb the peace of all c Europe, ( xviii ) Europe, was daily encreafing in ftrength and folidity ; and as France had not then re-efta- blimed her army after it's diflblution by de- crees and intrigues, while the northern powers had not yet begun to difband their forces after the Turkifh war, that every thing was to be gained to the former, every thing loft to the? Jatter by delay. Under thefe impreflions he wrote the Me- morial of December 1 791. It was fent to fome of the leaders of Oppofition, and to the Mini- fters, by one of whom it was communicated to the King. The ftyle and the topicks are thofe of a ftatefman addreffing ftatefmen. It takes it's rife fromM. Montmorin's two letters. It points out the features and character which diflinguiih this Revolution from moft others of ancient or modern times : it delineates with a mafterly hand the political map of Europe, and marks with wonderful precifion the track which the new principles were likely to purfue in their progrefs : it combats the fuppofition that the Revolution would fall by it's own weak- nefs, by internal force, or the difcredit of it's paper money : it confiders the difpo- fitions fit ions of the neighbouring powers, who were moft interefted in flopping the courfe of the mifchief, and the general leaning of all Kings, AmbafTadors, and Ministers of State in thefe days ; but it modeftly profefTes only to make a cafe without offering advice, to fhew the nature of the evil, without fuggefr.- ing a remedy. His country, the world, and pofterity, will now be able to judge how far his fpeculations on this great queftion of poli- ticks were juft: " the paper," he conceived at the time, " did not meet the ideas of Mi- " nifters." The invafion of France by the Duke of Brunfvvick in 1792, after the French had declared war, and been repulfed in an attack on the Netherlands, excited the moft fanguine hopes of many. Mr. Burke, it is known to thofe who converfed with him, and will ap- pear-by fome of his letters, always difr.ruft.ed the event. Befides the incalculable difference which time had made, he faw a radical error in not giving more importance and lead to the exiled Princes and Nobility of France. He had from the firft a fettled conviction that neither c 2 infurrections infurre&ions of the Royalifts within, nor a foreign force from without, could feparately avail. There was no found hope, in his judg- ment, but from a well-combined, and cordial co-operation of both. On the difaftrous and ig- nominious retreat of the Duke of Brunfwick, he haflily threw down his thoughts in an unformal manner, and fubmitted them to the confederation of thofe who had feen the for- mer paper. He now proceeded further, and intimated in general terms, what he thought fhould be done for the fafety of Europe. Upon all maxims of ancient policy, upon all views of the actual circumftances, he Was decided in his opinion, that England fhould interpofe as the proteclirefs of the balance of power. It was effential, he thought, that me fhould be the prefiding foul of that concert, which feemed to be now in difpen fable; that fhe fhould govern it's counfels, and direcl: it's efforts; fhe fhould negociate and confederate, exhort on one fide, and remonftrate on the other ; file fhould not precipitate a war, but riik it, and firmly meet it, for the fafety of Europe. But before this paper had been com- municated to thofc for whole ufe it was in- tended^ xx tended, the French Convention ventured on decrees and acts directly flriking at this coun- try, and her old ally Holland. A fort of un- official negociation enfued, which ended in a declaration of war by the French Republick ao-ainft Great Britain and Holland. Thus o forced feparately into open hoftility, Miniftera were under the neceffity of joining the Powers already in arms, on their own conditions* They could not take that lead which, Mr, Burke believed, might have been conceded to them as the price of their voluntary interpo- fition. After the firft fuccefles of 1 793, Mr. Burke was curforily informed in a converfation with one of the King's Minifters, that they pur- pofed to iflue a declaration of the motives,- objecls, and end of the war. Sometime in the fubfequent autumn, he heard again of the fame defign. He doubted the prudence and expediency of the meafure, cfpecially at that time, juft after our retreat from Dunkirk. He fought, but was not able to obtain, a con- ference on the fubjecl:. He He had recourfe, therefore, to his pen, This was the origin of the third memorial. Accordingly at the head of one of the co- pies found in his pofTeilion, it was called, 44 Thoughts refpeftfully fubmitted on the " propofed Manifeflo ;" though it was en- dorfed with the prefent title. He had not* however, proceeded far before he learnt that the Declaration was to be immediately iiTued; He deiired it might be delayed a (ingle day, that he might have an opportunity of previ- oufly ftating his doubts ; but was told that no alteration could be admitted, as the paper had been approved by the allied Courts. The Memorial in confequence lay for fome time unfinished. But fome agents of the Royalifts of Britanny and Poitou having about that period prevailed on Mr. Burke to fecond their reprefentations to Government with his influence, and the furrender of Toulon having made an opening in their favour, he re- fumed what he had laid afide, and completed it upon a more comprehenfive plan. It ieems in if & ftyle and fpirit to approach more near- ( xxiii ) ]y, than either of the other two Memorials, to the animation and decifion of his own former publications. It begins by flating the time to be that of calamity and defeat. When it proceeds to the main consideration, it paints with a firm but rapid pencil the miferable fltuation of France under the reign of Roberf- pierre and terrour, the full efje&s of which Mr. Burke confeffes himfelf not to have fore- feen. The whole nation was divided into the oppreflbrs and the oppreffed. He then argues that the very fuccefs of the Allies on their own plan would not reflore France to a condition fafe for herfelf and for Europe, and he ultimately ventures to give his own ad- vice. Perhaps, if there is any paflage in it more efpecially deferving of attention than another, it is the noble fcheme of awful, but difcriminating jnftice, tempered with enlight- ened mercy, which he recommends and en- forces, in the event of the Monarchy, and ancient orders of the State being once more reftored in France. The Memorial concludes with an emphatick proteftagainft what he al- ways confidered as the great, fruitful fource of ( xxiv ) of every mifcarriage, the great leading miff take, that of conducting the war, by prece- dent, as a common war againft a common enemy, for the ufual objects of ordinary ap- peals to arms, and fearching hiffory for lef- fons of civil prudence, to be derived from former Revolutions, which refembled this portent of our times in nothing but the name. In every one of thefe three Memorials reference is made to the writers on the law of nations; and in one or two places Vattel is cxprefsly named. It has been thought pro- per, therefore, to fulpjoin an Appendix, con- lifting of pafTages from that eminent publicift, which were found among Mr. Butke's pa- pers, drawn out for his private ufe under dif- tin& heads, as they are here printed, and il- luftrated in his hand-writing with marginal o o comments and fhojft notes, which are here preierved. Some few notes have been added to complete his plan. Even thefe are not wholly without his authority. They are the taint vertices of much difcourfe had with him at different times on the effeft and application of ( XXV ) of the extracts. A genius like his, rich in b much natural and acquired wealth, might be fuppofed to have been confident in itfelf. Yet this was the laborious and accurate method which to the end of his life he was habitu- ated to purfue, in collecting and digefting the heft information upon every fubject that oc- cupied his mind ; working upon all, and ever mingling up with it fomething of his own. In explaining and connecting the hiftory of the three Memorials, nothing, it is hoped, has been faid, which can be conftrued to im- ply a cenfure on thofe who direct the affairs of this kingdom. They may have formed to themfelves a wifer fyftem of action, and been defeated in it by accidents, which could nei- ther be forefeen nor controuled ; they may have unwillingly compromifed in their coun* fels with the irrefiftible force of circum- ftancqs, and been compelled to adopt a fyftem which they knew to be imperfect ; they may even, by attempting Icfs, have actually done more. Thefe are queilions too extenfive and important for this place. All that it feems (1 proper ( xxvi ) proper to fay here, is (imply, that whatever may have been their fyfiem, and the merits of that fyftem, it was not that of Mr. Burke. And thus much is due to his memory, and to truth. Whatever has been the failure of the war, it is in no manner to be afcribed to him : the time and mode of beginning it were not his choice : the plan of operations for con- du&ing it was not his fuggeftion : and the declaration of principles, on which it has been juftified, was not made by his advice, nor with his concurrence. Neither did he flatter thofe in power by a (ilent acquicfcencc in a courfe of policy which he did not ap- prove. According to his practice, in more in- ftances than one, during his opposition to Lord North's Adminiftration, " he chofe ra- ther," as he has faid, " refpe&fully to ftate a " doubt to Minifters whilft a meafure was " depending, than to reproach them after- *' wards with it's confequences." In truth, he who never ufed any felicita- tion to advance his own perfonal interefts, was indefatigable in foliciting fupport to that caufe, ( xxvii ) caufe, which he confidered as the common intereft of mankind. There was no perfon of rank or eminence in Europe with whom he had any oecafion of coi i eipondence, that he did not endeavour to conciliate, confirm, or animate on the fi and folidly, bccaufe foberly, rationally, aaa between the neck and the guillotine. Four -fifths of the French inhabitants would thankfully take protection from- the Emperor of Morocco, and would never trouble their heads about the abftract principles of the power by which they were fnatched from imprifoninent, robber)*, and murder. But then theie men can do little or nothing for themfelves. They have no arms, nor magazines, nor chiefs, nor union, nor the pofTi- bility of thefe things within themfelves. On the whole therefore I lay it down as a certainty, that in the Jacobins, no change of mind is to be expected and that no others in the territory of France have an independent and deliberative exiftence. The truth is, that France is out of itfelf The moral France is feparated from the geographical. The mafter of the houfe is expelled, and the robbers are in poiTcffion. If we look for the corporate people of France exifting as corporate in the eye and intention of public Law, (that corpo- rate people, I mean, who are free to deliberate and to decide, and who have a capacity to treat and conclude) they are in Flanders, and Germany, in Switzerland, Spain, Italy, and England. There are all the Princes of the Blood, there are all the Orders Orders of the State, there are all the Parliaments of the kingdom. This being, as I conceive, the true ftate of France, as it exifts territorially,, and as it exifts morally, the queflion will be, with whom we are to concert our arrangements ; and whom we are to ufe as our inflruments in the reduction, in the pacification, and in the fettlement of France. The work to be done muft indicate the workmen. Suppofing us to have rational objects, we have two principal, and one fecondary. The firft two are fo intimately connected as not to be feparated even in thought; the re-eflablifhment of Royalty, and the re-eflablifhment of Property. One would think it requires not a great deal of argument to prove, that the moft ferious endeavours to reflore Royalty, will be made by Royalifls. Property will be moft energetically reflored by the antient proprietors of that kingdom. When I fpeak of Royalifts, I wifh to be under- . flood of thofe who were always iuch from prin- ciple. Every arm lifted up for Royalty from the beginning, was the arm of a man fo principled. I do not think there are ten exceptions. The principled Royalifls are certainly not of force to effect thefe objects by themfelves. If they T were, C 133 ) were, the operations of the prefent great Combi- nation would be wholly unnecefiary. What I con- tend for is, that they fhculd be confulted with, treated v/ith, and employed; and that no Foreigners whatibever are either in intereft fo engaged, or in judgment and local knowledge fo competent, to anfwer ail thefe purpofes as the natural proprietors of the country. Their number for an exiled party is alfo con- fiderable. Almoft the whole body of the landed proprietors of France, eeclefiaftical and civil, have been fteadily devoted to the Monarchy. This body does not amount to lefs than feventy thou- fand a very great number in the compofition of the refpeftable clafTes in any fociety. I am hire, that if half that number of the fame defcription were taken out of this country, it would leave hardly any thing that I fhould call the people of England. On the faith of the Emperor and the King of Pruffia, a body of ten tjioufand Nobility on horfeback, with the King's two brothers at their head, ferved with the King of Pruffia in the cam- paign of 1792, and equipped themfelves with the laft milling of their ruined fortunes and exhaufted credit *. It is not now the queftion how that great force * Before, the Revolution the French Nobleffe were fo re- duced in numbers, that they did not much exceed twenty thoufandj ( '39 ) force came to be rendered ufelefs and totally diffi- pated. I ftate it now, only to remark, that a great part of the fame force exifls, and would a<5r. if it were enabled. I am fure every thing has fhewn us that in this war with France, one Frenchman is worth twenty foreigners. La Vendee is a proof of If we wim to make an imprelfion on the minds of any perfons in France, or to perfuade them to join our ftandard, it is impoffible that they mould not be more eafily led, and more readily formed and difciplined, (civilly and martially difciplined) by thofe who {peak their language, who are ac- quainted with their manners, who are converfant with their ufages and habits of thinking, and who have a local knowledge of their country, and fome remains of antient credit and confidefation, than with a body congregated from all tongues and tribes. Where none of the refpe&able native interefts are fcen in the tranfaction, it is impoffible that any declarations can convince thofe that are within, or thofe that are without, that any thing thoufand, at leaft of full grown men. As they have been very cruelly formed into entire corps of foldiers, it is efti- mated, that by the fword, and diftempers in the field, they have not loit lefs than five thoufand men ; and if this courfe is purfued, it is to be feared, that the whole body of the French nobility may be extinguiihed. Several hundreds have alfo perimed by famine and various accidents. T a clfc ( HO ) elfe than fome fort of hoftility in the ftyle of a conqueror is meant. At beft it will appear to fuch wavering perfons, (if fuch there are) whom we mean to fix with us, at bcft a choice whether they are to continue a prey to domeftick banditti, or to be fought for as a carrion carcafs, and picked to the bone by all the crows and vultures of the fky. They may take protection, (and they would 1 doubt not) but they can have neither alacrity nor zeal in fuch a caufe. When they fee nothing but bands of Englifh, Spaniards, Neapolitans, Sardi- nians, Prufiians, Auftrians, Hungarians, Bohe- mians, Sclavonians, Croatians, affing as 'principals y it is impofifibie they mould think we come with a beneficent defign. Many of thofe fierce and bar- barous people have already given proofs how little they regard any French party whatfoever. Some of thefe nations the people of France are jealous of i fuch are the Englifh, and the Spaniards others they defpife ; fuch are the Italians others they hate and dread ; fuch are the German and Danu- bian powers. At beft fuch interpofition of antient enemies excites apprehenfion ; but in this cafe, how can 'they fuppofe that we come to main- tain their legitimate Monarchy in a truly paternal French Government, to protect their privileges, their laws, their religion, and their property, when they fee us make ufe of no one perfon who has atoy intereft in them, any knowledge of them, or any any the leaft zeal for them ? On the contrary, they fee, that we do not fufFer any of thofe who have Ihewn a zeal in that caufe, which we feem to make our own, to come freely into any place in which the Allies obtain any footing. If we wifh to gain upon any people, it is right to fee what it is they expert. We have had a pro- pofal from the Royalifts of Poitou. They are well intitled, after a bloody war maintained for eight months againft all the powers of anarchy, to fpeak the fentiments of the Royalifts of France. Do they defire us to exclude their Princes, their Clergy, their Nobility ? The direft contrary. They earneftly folicit that men of every one of thefe defcriptions mould be fent to them. They do not call for Englifh, Auftrian, or P ruffian officers. They call for French emigrant officers. They call for the exiled priefts. They have demanded the Comte d'Artois to appear at their head. Thefe are the demands, (quite natural demands) of thofe who are ready to follow the ftandard of Monarchy. The great means therefore of reHBing the Monarchy which we have made the main okjeft of the war y is to afiift the dignity, the religion, and the property of France, to repoflefs themfelves of the means of their natural influence. This 4 ought Might to be the primary objec~b of all our politicks* and all our military operations. Otherwife every thing will move in a prepoflerous order, and nothing but confufion and deflruction will folio w* I know that misfortune is not made to win ref- pect from ordinary minds. I know that there is a leaning to profperity however obtained, and a prejudice in its favour -, I know there is a difpofition to hope ibmething from the variety and incon- itancy of villany, rather than from the tirefome uniformity of fixed principle. There have been, I admit, fituations in which a guiding perfon or party might be gained over, and through him or them, the whole body of a nation. For the hope of fuch a converfion, and of deriving advantage from enemies, it might be politick for a while to throw your friends into the made. But examples drawn from hiflory in occafions like the preient will be found dangeroufly to miflead us. France has no refemblance to other countries which have undergone troubles and been purified by them. If France, jacobinifed as it has been for four full years, did contain any bodies of authority and difpofition to treat with you, (moft afluredly fhe does not) fuch is the levity of thofe who have expelled every thing refpeclable in their country, fuch their ferocity, their arrogance, their mutinous fpirit, their habits of defying every thing human ( 143 ) and divine, that no engagement would hold with them for three months j nor indeed could they cohere together for any purpofe of civilized fociety, if left as now they are. There muft be a means not only of breaking their ftrength within them- felves, but of civilizing them -, and thefe two things muft go together, before we can poflibly treat with them, not only as a nation, but with any divifion of them. Deferiptions of men of their own race, but better in rank, fuperiour in property and decorum, of honourable, decent and orderly habits, are abfolutely neceflary to bring them to fuch a frame as to qualify them fo much as to come into contact with a civilized nation, A fet of thofe ferocious favages with arms in their hands, left to themfelves in one part of the coun- try, whilft you proceed to another, would break forth into outrages at leaft as bad as their former. They muft, as fail as gained (if ever they are gained) be put under the guide, direction and government of better Frenchmen than themfelves, or they will inftantly relapfe into a fever of aggra- vated Jacobinifm. We muft not judge of other parts of France by the temporary fubmiffion of Toulon, with two vaft fleets in its harbour, and a garrifon far more numerous than all the inhabitants able to bear arms. If they were left to themfelves I am quite ( 144 J furc they would not retain their attachment to Mo- narchy of any name, for a fingle week. To adminifter the only cure for the unheard of diforders of that undone country, I think it infi- nitely happy for us, that God has given into our hands, more effectual remedies than human con- trivance could point out. We have in our bofom, and in the bofom of other civilized ftates, nearer forty than thirty thoufand perfons, providentially preferved not only from the cruelty and violence, but from the contagion of the horrid practices, fentiments and language of the Jacobins, and even .facredly guarded from the view of fuch abominable fcenes. If we mould obtain in any confiderablc .diftrict, a footing in France, we poflefs an immenfc body of phyficians and magiftrates of the mind, whom we now know to be the moft difcreet, gentle, well tempered, conciliatory, virtuous, and pious perfons, who in any order probably exifted in the world. You will have a mifiioner of peace and order in every parifh. Never was a wifer national ceconomy than in the charity of the Englifli and of other countries. Never was money better ex- j pended than in the maintenance of this body of civil troops for re-cftablilhing order in France, and for thus fecuring its civilization to Europe. This means, if properly ufed, is of value inefti- mable. Nor ( 145 ) Nor is this corps of inftruments of civilization confined to the firft order of that ftate, I mean the clergy. The allied powers poffefs alfo, an exceedingly numerous, well informed, fenfible, ingenious, high principled and fpirited body of cavaliers in the expatriated landed intereft of France, as well qualified at lead, as I, (who have been taught by time and experience to moderate my calculation of the expectancy of human abili- ties) ever expected to fee in the body of any landed gentlemen and foldiers by their birth. France is well winnowed and fifted. Its virtuous men are, I believe, amongft the moft virtuous, as its wicked are amongft the moft abandoned upon earth. Whatever in the territory of. France may be found to be in the middle between thefe, muft be attracted to the better part. This will be compafled, when every gentleman, every where being reftored to his landed eftate, each on his patrimonial ground, may join the Clergy in reani- mating the loyalty, fidelity and religion of the people ; that thefe gentlemen proprietors of land, may fort that people according to the truft they feverally merit, that they may arm the honeft and well affected, and difarm and difable the factious and ill difpofed. No foreigner can make this dif- crimination nor thefe arrangements. The antient corporations of Burghers according to their feveral modes mould be reftored ; and placed, (as they U ought ( 146 ) ought to be) in thehands of men of gravity and property in the cities or baillages, according to the proper conftitutions of the commons or third eftate of France. They will reftrain and regulate the feditious rabble there, as the gentlemen will on their own eflates. In this way, and in this way alene, the country (once broken in upon by foreign force well directed) may be gained and fettled. It muft be gained and fettled by itfelf, and through the medium of its own native dignity and property, It is not honeft, it is not decent, ftill lefs is it poli- tick, for foreign powers themfelves to attempt any thing in this minute, internal, local detail, in whidi they could fhew nothing but ignorance, imbecility, confufion and oppreflion. As to the Prince who has a juft claim to exercife the regency of France, like other men he is not without his faults and his defects, But faults or defects (always fuppofing them faults of common human infirmity) are not what in any country deftroy a legal tide to Govern- ment. Thefe princes are kept in a poor obfcure country town of the King of Prufiia's. Their reputation is entirely at the mercy of every calum- niator. They cannot mew themfelves, they can- not explain themfelves, as princes ought to do. After being well informed, as any man here can be, I do not find, that thek blernilhes in this emi- nent perfon, are at all considerable, or that they at all affect a character, which is full of probity, honour. ( H7 ) honour, generofity, and real goodncfs. In fome points he has but too much refcmblance to his un- fortunate Brother ; who with all his weaknefles, had a good underflanding and many parts of an excellent man, and a good King. But Monfieur, without fuppofing the other deficient, (as he was not) excells him in general knowledge and in a fharp and keen obfervation, with fomething of a better addrefs, and an happier mode of fpeaking and of writing. His converlation is open, agreeable and informed, his manners gracious and princely. His brother the Comte d'Artois fuftains ftill better the reprefentation of his place. He is eloquent, lively, engaging in die higheft degree, of a deci- ded character, full of energy and activity. In a word he is a brave, honourable, and accomplished cavalier. Their brethren of Royalty, if they were true to their own caufe and intereft, inftead of relegating thefe illuftrious perfons to an obfcure town, would bring them forward in their courts and camps, and exhibit them to, what they would fpee- dily obtain, the efteem, refpect, and affection of mankind. As to their knocking at every door, (which . . made to the feems to give offence) can any thine be more Regent-sen- / deavourtoeo natural ? Abandoned, defpifcd, rendered in a man- to Spain, ner outlaws by all the powers of Europe, who have treated their unfortunate brethren with all the U 2 giddy ( 148 ) giddy pnde, and improvident infolence of blind unfeeling profperity, who did not even fend them a compliment of condolence on the murder of their brother and filler -, in iiich aftate is it to be wondered at, or blamed, that they tried every way, likely or unlikely, well cr ii] cholen, to get out of the horrible pit into which they are fallen, and that in particular they tried whether the Princes of their own blood, might at length be brought to think the caufe of Kings, and of Kings of their race, wounded in the murder and exile of the branch of France, of as much importance as the killing of a brace of partridges. If they were abfolutely idle, and only eat in iloth their bread of forrow and dependence, they would be forgotten; or at beft thought of as wretches unworthy of their pretenfions which they had done nothing to fup- port. If they err from our interefts, what care has been taken to keep them in thofe interefts ? or what defire has ever been (hewn to employ them in any other v ay. than as inftruments of their own degradation, fhame, and ruin ? The Parliament of Paris, by whom the title of the Regent is to be recognized (not made) accord- ing to the laws of the kingdom, is ready to recognize it, and to regifter it, if a place of meeting was given to them, which might be within their own jurifdic- tion, fuppofing that only locality was required for the exercife exercife of their functions : for it is one of the ad- vantages of Monarchy, to have no local feat. It may maintain its rights out of the fphere of its ter- ritorial juriiui<5lion, if other powers will fuffer it. I am well apprifetl, that the little intriguers, and whifpcrcrSj and feif-conceited thoughtlefs babblers, worfe than either, run about to depreciate the fa Clergy of their own, men well recommended as untainted with Jacobinifm, by the fynods of thofe places where calvinifm prevails and French is fpoken, ought to be fought. Many fuch there are. The prefbyterian difcipline ought, in my opinion,' to be eftablilhed in its vigour, and the people pro- ] felling it ought to be bound to its maintenance. No man, under the falfe and hypocritical pretence of liberty of conference, ought to be fuffered to have no confcience at all. The King's com- ] mifiioner ought alfo to fit in their fynods as before the revocation of the Edict of Nantz. I am con- fcious, that this difcipline difpofcs men to Repub- licanifm : but it is ftill a difcipline, and it is a cure, (fuch as it is) for the perverfe and undifciplined habits which for fome time have prevailed. Re- ' publicanifm repreffed may have its ufe in the com- polition of a State. Inipe&ton may be practicable, and reiponfibility in the teachers and elders may be eftabliihed in fuch an Hierarchy as the prefbyterian. For a time like ours, it is a great point gained, that people fhould be taught to meet, to combine, and to be clail.ed and arrayed in fome other way than in Clubs of Jacobins. If it be not the bcft mode of proteftantifm under a Monarchy, it is flill an orderly chriflian church, orthodox in the fundamentals, and what is to our point, capable enough of rendering men uleful citizens. It was the impolitick Abolition of their difcipiine which expofed ( '77 ) cxpofed them to the wild opinions and conduct, that have prevailed amongft the Hugonots. The toleration in 1787 was owing to the good dilpo- fition of the late King ; but it was modified by the profligate folly of his atheiftick Miniiter the Cardinal de Lomenie. This mifchievous Minifter did not follow, in the Edi<5t of toleration, the wifdom of the Edict of Nantz. But his toleration was granted to Non-Catbolicks a dangerous word, which might fignify any thing, and was but too exprefllve of a fatal indifference with regard to all piety. I fpeak for myfelf : I do not wilh any man to be converted from his feet. The diftinctions which we have reformed from animofity to emulation, may be even ufeful to the caufe of religion. By fome moderate contention they keep alive zeal. Whereas people who change, except under ftrong convic- tion (a thing now rather rare) the religion of their early prejudices, efpeciaily if the converfion is brought about by any political machine, are very apt to degenerate into indifference, laxity, and often downright atheifm. Another political queftion arifes about the mode of Government which ought to be eftablifhed. I think the proclamation (which I read before I had proceeded far in this Memorial,) puts it on the beft footing, by poflponing that arrangement to a time of peace. A a When When our politicks lead us to entcrprizc a great, nd almoft total political revolution in Europe, we ought to look ferioufly into the confequences of what we are about to do. Some eminent peribns difcover an apprehenfion that the Monarchy, if refrored in France, may be reftored in too great ftrength for the liberty and happinefs of the natives, and for the tranquillity of other States. They are therefore of opinion that terms ought to be made for the modification of that Monarchy. They are perfons too configurable from the powers of their mind, and from their fituation, as well as from the real refpect I have for them, who feem to entertain thefe apprehenfions, to let me pafs them by un- noticed. As to the power of France, as a State, and in its exteriour relations, I confefs my frars are on the part of its extreme reduction. There is un- doubtedly fomething in the vicinity of France, which makes it naturally and properly an objedl of our watchfulnefs and jealoufy, whatever form its Government may take. But the difference is great between a plan for our own fecurity, and a fcheme for the utter deftruction of France. If there were no other countries in the political map but thefe two, I admit that policy might juftify a wifh to lower our neighbour to a ftandard which would even render her in fonie meafure, if not wholly, our i 179 ) our dependent. But the iyftem of Europe is- ex* tenfive and extremely complex. However formi- dable to us as taken in this one relation, France is not equally dreadful to all other States. On the contrary, my clear opinion is, that the Liberties of Europe cannot pofllbly be preferved, but by her remaining a very great and preponderating power. The defign at prefent evidently purfued by the combined Potentates, or of the two who lead, is totally to deftroy her as fuch a Power. For Great Britain refolves that ihe fhall have no Colonies, no Commerce, and no Marine. Auftria means to take away the whole frontier from the borders of Switzerland, to Dunkirk. It is their plan alfo to render the interiour Government lax and feeble, by prefcribing by force of the arms of rival and jealous nations, and without confulting the natural interefts of the kingdom; fuch arrange- ments as in the aftual ftate of Jacobinifm in France, and the unfettled ftate in which property muft re- main for a long time, will inevitably produce fuch diftra&ion and debility in Government, as to reduce it to nothing, or to throw it back into its old con- fufion. One cannot conceive fo frightful a ftate of a Nation. A maritime country, without a ma- rine, and without commerce $ a continental country without a frontier, and for a thoufand miles iur- rounded with powerful, warlike, and ambitious neighbours ! It is pofiible, that fhe might fubmic A a 2 to ( xo ) to lofc her commerce and her colonies ; her fecurity me never can abandon. If, contrary to all expectations, under fuch a difgraced and im- potent Government, any energy mould remain in that country, me will make every effort to recover her fecurity, which will involve Europe for a cen- tury in war and blood. What has it coft to France to make that frontier ? What will it coft to re- cover it ? Auftria thinks that without a Frontier me cannot fecure the Netherlands. But without her Frontier France cannot fecure berfelf. Auftria has been however fecure for an hundred years in thofe very Netherlands, and has never been difpof- fefied of them by the chance of war, without a moral certainty of receiving them again on the reftoration of peace. Her late dangers have arifcn not from the power or ambition of the King of France. They arofe from her own ill policy, which difmantled all her towns, and difcontented all her fubjects by Jacobinical innovations. She difmantles her own towns, and then fays, Give me the Frontier of France. But let us depend upon it, whatever tends, under the name of fear- rity, to aggrandize Auftria, will difcontent and alarm Prufiia. Such a length of Frontier on the fide of France, fcparated from itfelf, and fepa-, rated from the mafs of the Auftrian country, will be weak, unlefs connected at the expence of the Rleftor of Bavaria (the Elector Palatine) and othej 1 other lefler Princes, or by fuch exchanges as will again convulfe the Empire. Take it the other way, and let us fuppofe that France fo broken in fpirit as to be content to re- main naked and defencelefs by fea and by land, is fuch a country no prey ? Have other Nations no views ? Is Poland the only country of which it is worth while to make a partition ? We cannot be fo childifh as to imagine, that ambition is local, and that no others can be infected with it but thole who rule within certain parallels of latitude and longitude ? In this way I hold war equally certain. But I can conceive that both thefe principles may operate, ambition on the part of Auftria, to cut more and more from France, and French impa- tience under her degraded and unfafe condition. In fuch a Conteft will the other Powers ftand by ? Will not Pruffia call for indemnity as well as Auftria and England ? Is me fatisfied with her gains in Poland ? By no means. Germany mud pay; or we mail infallibly fee Pruffia leagued with France and Spain, and poflibly with other Powers for the reduction of Auftria ; and fuch may be the fitua- rion of things, that it will not be fo eafy to decide what part England may take in fuch a Conteft. I am well aware how invidious a tafk it is to c-ppofe any thing which tends to the apparent 4 aggrandize- ( 182 ) aggrandizement of our own country. But I think no country can be aggrandized whilft France is Jacobinifed. This poll removed, it will be a ferious queftion how far her further reduction will contribute to the general fafety which 1 always con- fider as included. Among precautions againfl am- bition, it may not be amifs to take one precaution againft our o^n. I muft fairly fay, I dread our own power and pur own ambition; I dread our being too much dreaded. It is ridiculous to fay we are not men ; and that, as men, we mall never wim to aggrandize ourfelves in fome way or other. Can we fay, that even at this very hour we are not invidioufly aggrandized ? We are already in pof- feffion of almoft all the commerce of the world. Our Empire in India is an awful thing. If we mould come to be in a condition not only to have all this afcendant in commerce, but to be abfo- lutely able, without the lead controul> to hold the commerce of all other Nations totally dependent upon our good pleafure, we may fay that we mall not abufe this aftonifhing, and hitherto unheard of power. But every other Nation will think we mall abufe it. It is impoflible but that fooner or later, this ftate of things muft produce a com- bination againft us which may end in our ruin. As to France, I muft obferve that for a long time flie has been ftationary. She has, during this whole whole century, obtained far lefs by conqueft or negotiation than any of the three grear continental Powers. Some part of Lorraine excepted, I re- collect nothing fhe has gained -, no not a village. In truth, this Lorraine acquifition does little more than fccure her Barrier. In effect and fubftance it was her own before. However that may be, I confider thefe things at prefent chiefly in one point of view, as obstructions to the war on Jacobinifm, which mufl Hand as long as the Powers think its extirpation but zjecondary object, and think of taking advantage under the name of indemnity andfecurify to make war upon the whole Nation of France Royal, and Jacobin, for the aggrandizement of the Allies on the ordi- nary principles of intereft, as if no Jacobinifm exifted in the world. So far is France from being formidable to its neighbours for its domeftick ftrength, that I conceive it will be as much as all its neighbours can do by a fceady guarantee, to keep that Monarchy at all jpon its bafis. It will be their bufinefs to nnrfe France, not to exhauft it. France, fuch as it is, s indeed highly formidable. Not formidable, however, as a great Republick ; but as the moft dreadful gang of robbers and murderers that ever was embodied. But this diftempered ftrength of France, ( '84 ) France, will be the caufe of proportionable weak- nefs on its recovery. Never was a country fo com- pletely ruined j and they who calculate the refur- reftion of her power by former examples, have not fufficiently confidered what is the prefent ftate of things. Without detailing the inventory of what organs of Government have been deftroyed, together with the very materials of which alone they can be recompofed, I wifh it to be confidered what an operofe affair the whole fyftem of taxa-r tion is in the old ftates of Europe. It is fuch as never could be made but in a long courfe of years. In France, all taxes are abolilhed. The prefent powers refort to the capital ; and to the capital in kind. But a favage undifcipljned people fuffer a robbery with more patience than an iwpoft. The former is in their habits and their difpofitions. They confider it as tranfient, and as what, in their turn, they may exercife. But the terrours of the prefent power are fuch as no regular Government can pofiibly employ. They who enter into France do not fucceed to their refources. They have not a fyftem to reform, but a fyftem to begin. The whole eftate of Government is to be re-acquired. What difficulties this will meet with in a coun- try exhaufted by the taking of the capital, and among a people, in a manner new principled, trained, and actually difciplined to anarchy, rebel- lion, lion, diforder, and impiety, may be conceived by thofe who know what Jacobin France is, and who may have occupied themfelves by revolving in their thoughts, what they were to do if it fell to their lot to rc-eftablifh the affairs of France. What fupport, or what limitations the reftored Monarchy muft have, may be a doubt, or how i: will pitch and fettle at laft : But one thing I con- ceive to be far beyond a doubt : that the fettle- ment cannot be immediate -, but that it muft be preceded by fome fort of power, equal at leafl in vigour, vigilance, promptitude and decifion to a military Government. For fuch a preparatory Government, no flow-paced, methodical, formal, Lawyer-like fyilem, ftill lefs that of a fhewy, fuperfkial,trifling, intriguing Court, guided by cabals of ladies, or of men like ladies ; leaft of all, a philo- fophic, theoretic, difputatious fchool of fophiftry. None of thefe ever will, or ever can lay the foun- dations of an order that can laft. Whoever claims a right by birth to govern there, muft find in his breaft, or muft conjure up in it, an energy not to be expected, perhaps not always to be wifhed for, in well ordered States. The lawful Prince muft have, in every thing but crime, the character of an ufurper. He is gone, if he imagines himfelf the quiet pofiefibr of a throne. He is to contend for it as much after an apparent conqueft as before. His talk is to win it 5 he muft leave poftcrity to B b enjoy enjoy and to adorn it. No velvet cufhions for him. He is to be always (I fpeak nearly to the letter) on horlcback. This opinion is the refult of much patient thinking on the fubject, which I conceive no event is likely to alrer. A valuable friend of mine, who I hope will con- duct thefe afrairs fo far as they fall to his fhare, with great ability, aiked me what I thought of acts of general indemnity and oblivion, as a means of fettling France, and reconciling it to Monarchy. Before I venture upon any opinion of my own in this matter, I totally difclaim the interference of foreign powers in a buunefs that properly be- longs to the Government which we have declared legal. That Government is likely to be the bed .judge of what is to be done towards the fecurity of that kingdom, which it is their duty and their intereft to provide for by fuch meafures of juftice or of lenity, as- at the time they mould find beft. But if we weaken it, not only by arbitrary limita- tions of our own, but prelerve fuch peribns in it as are difpofcd to difturb its future peace, as they - have its paft, I do not know how a mere direct ' declaration can be made of a difpofition to per- petual hoftility againft a Government. The per- ; ions Caved from the juftice of the native Magii- trate, by foreign authority, will owe nothing to his , clemency. He will, and muft, look to thole .to 3 whom ( 1*7 ) whom he is indebted for the power he has of dif- penfing it. A Jacobin faction, conftantly fettered with the nourifhment of foreign protection, will be kept alive. This defire of fecuring the fafety of the actors in the prefent fccne is owing to more laudable motives. Minifters have been made to confider the brothers of the late merciful King, and the Nobility of France, who have been faithful to their honor and duty, as a fet of inexorable and remorfeleis tyrants. How this notion has been infufed into them, I cannot be quite certain. I am fure it is not juftified by any thing they have done. Never were the two Princes guilty, in the day of their power, of a fingle hard or ill-natured act. No one inftance of cruelty on the part of the Gen- tlemen ever came to my ears. It is true that the Englijh Jacobins, (the natives have not thought of it) as an excufe for their infernal fyftem of mur- der, have lo reprefented them. It is on this prin.- ciple that the maflacres in the month of Sep- tember 1792 were juftified by a writer in the Morning Chronicle. He fays, indeed, that " the whole French nation is to be given up to the hands of an irritated and revengeful Noblefie :" and judging of others by himfeif and his brethren, lie fays, "Whoever fucceeds in a civil war, will be cruel. But here -the emigrants flying to revenge B b 2 in in the cars of military victory, will almoft infatiAbhr call for their victims and their booty ; and a body of emigrant traitors were attending the King of Pruflla, and the Duke of Brunfwick, to fuggeft the moft fanguinary counfels." So fays this wicked Jacobin ; but fo cannot fay the King of Prultia nor the Duke of Brunfwick, who never did receive any fanguinary council ; nor did the King's bro- thers, or that great body of Gentlemen who at- tended thofe Princes, commit one fmgle cruel ac- tion, or hurt the perfon or property of one indi- vidual. It would be right to quote the inftance. It is like the military luxury attributed to thefc unfortunate fuffeirers in our common caufe. If thefe Princes had Ihewn a tyrannic difpofition^ it would be much to be lamented. We have no others to govern France. If we fcreened the body of murderers from their juftice, we mould only leave the innocent in future to the mercy of men cf fierce and fanguinary difpofitions, of which in fpite of all our intermeddling in their Conftitution, v/e could not prevent the effects. But as we have much more reafon to fear their feeble lenity than any blameable rigour, we ought, in my opinion, to leave the matter to themfelves. If however I were afked to give an advice merely as fuch here are my ideas. I am not for a total a total indemnity, nor a general punifhrr.ent. And firft, the body and mafs of the people never ought to be treated as criminal. They may become an object of more or lefs conftant watchfulnefs and fufpicion, as their prefervation may beft require, but they can never become an object of punifh- ment. This is one of the few fundamental and unalterable principles of politicks. To punifli them capitally would be to make maflacres. MafTacres only increafe the ferocity of men, and teach them to regard their own lives and thofe of others as of little value ; whereas the great policy of Government is to teach the people to think both of great importance in the eyes of God and the State, and never to be facrificed or even hazarded to gratify their pafiions, or for any thing but the duties prefcribed by the rules of morality, and under the direction of public law and public authority. To punilh them with letter penalties would be to debilitate the commonwealth, and make the nation miferable, which it is the bufmefs of Government to render happy and flou- riftiing. As to crimes too, I would draw a flrong line of limitation. For no one offence, politically an offence cf rebellion, by council, contrivance, perfuafion or compulfion, for none properly a military offence of rebellion^ rebellion, or any thing done by open hoftility in the field, fhould any man at all be called in quef- lionj becaufc fuch feems to be the proper and natural death of civil difientions. The offences of war are obliterated by peace. . Another clafs will of courfe be included in the indemnity, namely, all thofe who by their activity in reftoring lawful Government fhall obliterate their offences. The offence previoufly known, the acceptance of fervice is a pardon for crimes. I fear that this clafs of men will not be very nu- merous. So far as to indemnity. But where are the objects of juftice, and of example, and of future fecurity to the public peace ? They are naturally pointed out, not by their having outraged political and civil laws, nor their having rebelled againft the ftate, as a State, but by their having rebelled againft the law of nature, and outraged man, as man. In this lift, all the regicides in general, all thofe who laid facriiegious hands on the King, who without any thing in their own rebellious million to the convention to juftify them, brought him to his trial and unanimoufly voted him guilty ; all thofe who had a (hare in the cruel murder of the Queen, and the deteftable proceedings with regard to the young King, and the unhappy Prin- ce fie s cefles ; all thofe who committed cold-blooded murder any where, and particularly in their revo- lutionary tribunals, where every idea of natural juftice and of their own declared Rights of Man, have been trod under foot with the moft infolent mockery , all men concerned in the burning and demolition of houfes or churches, with audacious and marked acts of facrilege and fcorns offered to religion ; in general, all the leaders of Jacobin Clubs j not one of thefe mould efcape a punifh- ment fuitable to the nature, quality and degree of their offence, by a fteady but a meafured juftice. In the firft place, no man ought to be fubjecl to any penalty, from the higheft to the loweil, but by a trial according to the courfe of law, carried on with all that caution and deliberation which has been ufed in the beft times and precedents of the French jurifprudence, the criminal law of which country, faulty to be lure in fome particulars, was highly laudable and tender of the lives of men. In reftoring order and juftice, every thing like re- taliation, ought to be religioufly avoided ; and an example ought to be fet of a total alienation from the Jacobin proceedings in their accurfed revolu- tionary tribunals. Every thing like lumping men in maiTes, and of forming tables, of profcription eught to be avoided. : ( '9* ) In all thefe punilhments, any thing which can be alledged in mitigation of the offence fhould be fully confidcred. Mercy is not a thing oppofed to juftice. It is an erTential part of it , as neceffary in criminal cafes, as in civil affairs equity is to law. It is only for the Jacobins never to pardon. They have not done it in a fmgle inftance. A council of mercy ought therefore to be appointed, with powers to report on each cafe, to foften the penalty, or entirely to remit it, according to cir- cumftances. With thefe precautions, the very firft founda- tion of fettlement muft be to call to a ftricl: account thofe bloody and mercilefs offenders. With- out it Government cannot frand a year. People little confider the utter impofiibility of getting thofc who having emerged from very low, feme from the loweft claflfes, of fociety, have exercifed a power fo high, and with fuch unrelenting and bloody a rage, quietly to fall back into their old ranks, and be- come humble, peaceable, laborious and ufeful members of fociety. It never can be. On the other hand is it to be believed, that any worthy and virtuous fubjecl, reftored to the ruins of his houfe, will with patience fee the cold-blooded murderer of his.father, mother, wife, or children, or perhaps all of the/e relations (fuch things have been) nofc him in his own village, and infult him with ( '93 ) with the riches acquired from the plunder of his goods, ready again to head a Jacobin Faction to attack his life ? He is unworthy of the name of man who would fuffcr it. It is unworthy of the name of a Government, which taking juftice out of the private hand, will not exercife it for the injured by the public arm. I know it founds plaufible, and is readily adopted by thofe who have little fympathy with the fuffer- ings of others, to wifli to jumble the innocent and guilty into one mafs, by a general indemnity. This cruel indifference dignities itfelf with the. name of humanity. It is extraordinary that as the wicked arts of this regicide and tyrannous faction increafe in number, variety, and atrocity, the defire of punifhing them becomes more and more faint, and the talk of a/i indemnity towards them, every day flronger and flronger. Our ideas of juftice appear to be fairly conquered and overpowered by guilt when it is grown gigantick. It is not the point of view in which we are in the habit of viewing guilt. The crimes we every day puni'h are really below the penalties we inflict. The criminals are obfcure and feeble. This is the view in which we lee or- dinary crimes and criminals. But wh:n guilt is feen, though but for a time, to be furnimed with C c the C '94 ) the arms and to be invefted with the robes of power, it feems to aflume another nature, and to get, as it were, out of our jurifdidtion. This I fear is the cafe with many. But there is another caufe full as powerful towards this fecurity to enor- mous guilt, the defire which poficffes people who have once obtained power, to enjoy it at their eafe. It is not humanity, but lazinefs and inertnefs of mind which produces the defire of this kind of in- demnities. This defcription of men love general and fhort methods. If they punifh, they make a promifcuous maffacre ; If they fpare, they make a general act of oblivion. This is a want of difpofi- tion to proceed laborioufly according to the cafes, and according to the rules and principles of juftice on each cafe ; a want of difpofition to aflbrt criminals, to difcriminate the degrees and modes of guilt, to feparate accomplices from principals, leaders from followers, feducers from the fcduced, and then by following the fame principles in the fame detail, to clafs punifhments, and to fit them to the nature and kind of the delinquency. If that were once attempted, \ve fLould tbow fee that the talk was i.cither infinite, nor the execution cruel. There would be deaths, but for the number of criminals, and the extent of France, not many. There would be cafes of iranfportation -, cafes of labour to re - ilore what has been wickedly deflroyed ; caies of JmpriibnHient, and cafes of mere exile. But be 6 this this as it may, I am fure that if juftice is not done there, there can be neither peace or juftice there, nor in any part of Europe. Hiftory is reforted to for other acts of indem- nity in other times. The Princes are delired to look back to Henry the Fourth. We are defired to look to the Reiteration of King Charles. Thefe things, in my opinion, have no refemblance whatsoever. They were cafes of a civil war; in France more ferocious, in Eng- land more moderate than common. In neither country were the orders of fociety fubvertcd; religion and morality deftroyed on principle, or property totally annihilated. In England the Go- vernment of Cromwell was to be fure fomewhat rigid, but for a new power, no favage tyranny. The country was nearly as well in his hands as in thofe of Charles the Second, and in fome points much better. The laws in general had their' courfe, and were admirably administered. The King did not in reality grant an aft of in- demnity ; the prevailing power, then in a manner the nation, in effect granted an indemnity to him. The idea of a preceding Rebellion was-'not at all admitted in that convention and that -parliament. The Regicides were a common enemy, and as fuch given up. C c 2 Among Among the ornaments of their place which emi- nently diftinguifh them,, few people are better acquainted with the hi (lory cf their own country than the illuftrious Princes, now in exile: but I caution them not to be led into errour by that which has been fuppofed to be the guide of life. I would give the fame caution to all Princes. Not that I derogate from the ufe of hiflory. It is a great im- prover of the underftaruiing, by fhewing both men and affairs in a great variety of views. From this fource much political wifdom may be learned; that is, may be learned as habit, not as precept ; and as an exercife to ftrengthen the mind, as furniming materials to enlarge and enrich it, not as a repertory of cafes and precedents for a lawyer : if it were, a thoufand times better would it be that a Statefman had never learned to read vellem mjctrent lit eras. This method turns their underftanding from the object before them, and from the prefent exigencies of the world, to companions with former times, of which after all, we can know very little and very imperfectly ; and our guides, the hiflorians, who are to give ::: iheir true interpretation, are often preju- diced, often ignorant, often fonder of fyftem than of truth. Whereas if a man with reafonable good parts and natural fagacity, and not in the leading- firings of any m after, will look fleadily on the bufmefs before him, without being diverted by retrofped and comparifon, he may be capable of forming ( '97 ) forming a reafonable good judgment of what is to be done. There are fome fundamental points in which nature never changes but they are few and obvious, and belong rather to morals than to poli- ticks. But fo far as regards political matter, the human mind and human affairs are fufceptible of infinite modifications, and of combinations wholly new and unlooked for. Very few, for inftance, could have imagined that property, which has been taken for natural dominion, mould, through the whole of a vaft kingdom, lofe all its importance and even its influence. This is what hiftory or books of fpeculation could hardly have taught us. How many could have thought, that the molt com- plete and formidable Revolution in a great empire Ihould be made by men of letters, not as fubordi- nate inftruments and trumpeters of fedition, but as the chief contrivers and managers, and in a fhort time as the open adminiftrators and ibvereign Rulers ? Who could have imagined that Atheifm could produce one of the moft violently operative principles of fanaticifm ? Who could have ima- gined that, in a Commonwealth in a manner cradled in war, and in an extern! ve and dreadful war, military commanders mould be of little or no account ? That the Convention ihould not contain one military man of name ? That administrative bodies in a flate of the utmoft confufion, and of but a momentary duration, and compofed of men with with not one impofing part of character, ihould be able to govern the country and its armies, with an authority which the moll fettled Senates, and the moft refpecled Monarchs fcarcely ever had in the lame degree ? This, for one, I confefs I did not forefee, though all the reft was prefent to rne very early, and not out of my apprehenfion even for leveral years. I believe very few were able to enter into the effects of mere terrour, as a principle not only for the fupport of power in given hands or forms, but in thofe things in which the foundeft political Spe- culators were of opinion, that the leaft appearance of force would be totally deftrucliive, fuch is the the market, whether of money, provifion, or com- modities of any kind. Yet for four years we have ieen loans made, treafuries fupplied, and armies levied and maintained, more numerous than France ever fhewed in the field, by the effetts of fear alone. Here is a ftate of things of which, in its totality, if hiftory furnifhes any examples at all, they are very remote and feeble. I therefore am not fo ready as fome are, to tax with folly or cowardice, thofe who were not prepared to meet an evil of this nature. Even now, after the events, all the caufes may be fbmewhat difficult to afcertain. Very many are however traceable. But thefe things hiftory and books ( '99 ) books of {peculation (as I have already faid) did not teach men to forefce, and of courfe to refill. Now that they are no longer a matter of fagacity, but of experience, of recent experience, of our own experience, it would be unjuftifiable to go back to the records of other times, to inftruft us to manage what they never enabled us to forelee. APPENDIX. APPENDIX, EXTRACTS from VATFEL\ LAW of NATIONS. [The Titles, marginal Abftracls and Notes, are by Mr. BURKE, excepting fuch of the Notes as are here diftinguifhed.] - CASES OF INTERFERENCE WITH INDE- PENDENT POWERS. BOOK II. CHAP. IV. 53. IF then there is any where a Nation of a rejilefs and mrfchitvous difpofition, always ready to injure others^ to traverfe their defigns, and to raife dome/lie troubles *, .it is not to be doubted, that all have a right to join in order to reprefi) chajiife, and put it ever after out of its power to injure them. Such ihould be the juft fruits of the policy which Machiavel praifes in Caefar Borgia. The conduit followed by Philip II. king of Spain, was adapted to unite all Europe again/I him ; and it was from juft reafons that Henry the Great formed the defign of humbling a power, formidable by its forces^ and pernicious ly its maxims. 70. Let us apply to the unjuft, what we have faid above ( 53), of a mifchievous, or maleficent Nation. If there be any that makes an open profeffion of trampling 'Jujlice under foot^ pf defyifing and violating the right of * This the cafe of France Semonville at Turin Jacobin clubs ~Liegois meeting Flemiih meeting La Fayette's aniwer Cloot's's embaily Avignoiv, D d 'others, atktn *, whenever it finds an opportunity, tbi iniercft of human fociety will authorize all others to unite, in order ia humble and cbajtife it. We do not here forget the maxim ettabliihed in our preliminaries, that it docs not belong to nations to uiurp the power of being judges of each other. In particular cafes, liable to the lea'lt doubt, it ought to be iuppofed, that each of the parties may have fome right : and the injuilice of that, which has committed the injury, may proceed from error, and not from a general contempt of juilice. But if, by conjlant maxims, and ly a continued conlut.l, one Nations {hews, that it has evidently this per- nidous"di{pdfitioh, and that it cbnfiders no right as ("acred, the fafety of the human Race requires that it mould be fuppreflcd. To form and fupport an unjuft pretenfion, is to do ah injury not only to hbn ivJ-o is Interefted in this prcttnfion, but to mock at jujlice in general, and to injure all Nations. To fuccour 56. If the Prince, attacking the fundamental laws, gainft gives his fubjecb a legal right to refift. him ; if Ty- iyrny. ra nny, becoming infuppirtalk, obliges the Nation to rife in their defence ; every foreign power has a right tf fuccour an oppreikd people whp implore their afliftance. The Englifh ' juftly complained of James the Second. Cafe of The .fch'dity, and the nioj: dijYinguified Patriots, refolved ts!i!li Re- to put a check on his enterprises, which manifeiily tended voiucion. to overthrow the Conititution, and to deftroy the liberties ^ and the religion of the people; and therefore applied tor ajjyian^ to 'the United Provinces. The authority of the jr/nnce of Orange had, doubtlels, an influence on the de- liberations of the States-General-, but it did not make, them commit injultice ; for when a people, from eood reafons, take up arms againft an Oppreilbr, jaftite anj gcnerofity require, that brave men Jhould he ajjijted in the Cife of defence of their libf nits.. Whene\ r er, theretore, a civil Civil War. war i s kj,^!^ ] n a fa^ foreign powers may.afliit that party which appears to them to have juitice on their fide. Aft baious He ic bo afiiji; an odisus Tyrant ; be iubo declares FOR AN". Rebellious UNJUST AND REBELMOUi PEOPLE, offends againft his people. duty. When the bajids of the political fociety are broken, * The French acknowledge no power not direftiy enj^^ti the ptcj.k. ATP END IX. or at leaft fufpcnded between the Sovereign and his people, they may then he considered as two diftmcl powers ; and * ' fmce each is independent of all foreign authority, nobody ^en' has a right to judge them. Either may be in the right ; diftirx9t and each of thole who grant their afliirance may believe P ^' crt - that he fupports a good caufe. It follows then, in virtue of the voluntary Law of Nations, (fee Prelim. 2,1) that the two parties may act as having an equal right, and behave accordingly, till the decifion of the aftair. But we ought not to abufe this maxim for authorizing ^etto .b* odious proceedings againit the tranquility of {rates. It is purfued to a violation of the Law of Nations to perfuade tbofefubjefts extreme. to revolt ivbo aRnally obey their Sovereign, though they ioJ^t^l^ complain of his Government, tw'p&i* to The practice of Nations is conformable to our maxims. riVoic .- When the German Proteftants came to the afuftance of the reformed in France, the Court never undertook, to treat them otherwife than as common enemies, and accord T ing to the Laws of War. France at the fame time afnfted the Netherlands, which took up arms againit Spain, and did not pretend that her troops ihould be cun- fidered upon any other footing than as auxiliaries in a regular war. But no power avoids complaining of an Attempt ** atrocious injury, if any one attempts by his em'rjfari'es to e *cit fb- txdtc his fitfy'cl* to revolt. . . ^ to re ' As to thofe Monfters who, under the title of Sovereigns, Tyrants, render themfelves the Icourges and horror of the human race; thefe are favage Beaits, from which every brave man may juftly purge the Earth. All afitiquity kis praifed Hercules for delivering the world from an Antzu?, 4 Bufiris, and a J>romedes. Book 4. Chap. 2. 14. After ftating, that nations have HO right to interfere in domeftick concerns, he pro- ceeds " But this rule does not preclude them from efpoufing the quarrel of a dethroned King, and afliiting him, if he appears to have juilice on his fide. They then declare themfelves enemies to the Nation who has acknowledged his rival, as when two different Nations are at war they are at liberty to alTilt that whole quarrcj they think has the faireft appearance." D d 2 APPENDIX. CASE OF ALLIANCES. BOOK II. CHAP. XII. 196. IT is afked if that Alliance fubfifts with the King and the Royal Family, when by fome Revolution they are deprived of their Crown ? We have lately remarked, ( 194) that a perfonal alliance expires with the reign of him who contracted it : but that is to be underftood of an alliance with the flate, limited as to its duration, to the reign of the contracting King. This, of which we are here fpeaking, is of another nature. For though it binds the {late, iince it is bound by all the public acts of its Sovereign, it is made directly in favour of the King and his Family ; it would therefore be abfurd for it to prefe'rve a" terminate at the moment when they have need of //, and King takes a t an event agalnjl which it was made. Befide?, the King KhT' does ^ Oes not 'J ^ n * s qu^ity merely by the lofs of his king- not lofe his dom. * If he is gripped of it imjuftly by an Ufurper^ or quality by by Rtbeli^ he preferves his' rights^ in the number of wrrfck h^ kin* - f are ^' s a ^i ances - * By the feventh Article of the Treaty of TRIPLE ALLIANCE, between France, England, and Holland, figned at the Hague, in the year 1717, it is ftipuicted, '' that if the kingdoms, countries, or " provinces, of auy of the Allies, are diftxirbrd by inteitine quar- ' rels, cr by rebellions, en account of the fa'id fuccej/ions, [the Pro- ' tefbr.t fuccefi'on to the throne of Great Brita in, and the fucceflion ' to the throne cf France, as fettled by the Treaty of Utrecht] ' or under any other pretext -i^bc-ie'ver, the Ally thus in trouble ' fhall have nil! right to demand cf his Allies the fuccours above - ' mentioned ;" that is to fay, the fame fuccours as in the cafe of an invafion from any foreign Power; 8000 foot and 2000 horfe to he ftirnifhed by France or Ergjand, and 4.000 foot and icoo hprfe by the States Genera!. By the fourthArticIe of the Treaty of QUADRUPLE ALLIANCE, between England, Frar.ce, Holland, and the Emperor of Germany, fjgnfd in the Year TVI?, the contracting powers " pvomife and 41 oblige rhemtelves that thty will and ought to maintain, guarantee, " and defend the right and fuccelfion to the kingdom of France, " according to the tenor <;(' the Treaties made at Utrecht the jith ' day of April, 171 } ; and this they fhall perform awi/'ft a'l ftr- " fons T.-fratjbever tctc mny prffutne to tiiJJurb tbe order of tke Jatd " fuccejjicn, in contradiiflion to the previous Ac~ts and Treaties fub- f fequent thereon." The al-ove Treaties have been revived and confirmed by every fub.equent Treaty of Peace between Great Britain and France. EDIT. But APPENDIX. But who {hall judge, if the King be dethroned lawfully or K- violence? An independent Nation acknowledges no judge. If the Body of the Nation declares the King deprived of hi^ rights by the abufe he has made of them, and depofes him, it may juftly do it when its grievances are well founded, and no other power has a right to cen- fure it. The peribnal Ally of this King, ought not then to afiift him againft the Nation that has made ufe of its right in depofmg him : if he attempts it, he injures that Nation. England declared war againft Louis the XlVth, in the year 1688, for fupporting the intereft of James the Second, who was depofed in form by the Nation. The fame country declared war againft him a fecond time, at the beginning of the prefent century, becaufe that Prince acknowledged the fon of the depofed James, under the name of James the Third. In doubtful cafes, and when Csfe the Body of the Nation has not pronounced^ or HAS NOT wherein wd PRONOUNCED FREELY, a Sovereign may naturally fup- m ''>' bc port and defend an Ally, and it is then that the voluntary deAofed * Law of Nations fubfifts between different ftates. The King, party that has driven out the King, pretends to have right on its fide : this unhappy King and his Ally, flatter them- felves with having the fame advantage, and as they have no common judge upon earth, they have no other method to take but to apply to arms to terminate the difpute : i_ i r ir -'.,-. * they therefore engage in a formal war. In fhort, when the foreign Prince has faithfully fulfilled his engagements towards an unfortunate Monarch, when Not obliged he has done in his defence, or to procure his reftoration, f ? P urfue all he was obliged to perform, in virtue of the alliance ; yond'^a cer" if his efforts are ineffectual, the dethroned Prince cannot tain point, require him to fupport an endiefs war in his favour, or expert that he will eternally remain the Enemy of the Nation, or of the Sovereign who has deprived him of the Throne. He muft think of peace, abandon the Ally, and con/ider him as having himfelf abandoned his right, through neceffity. Thus Louis XIV. was obliged to abandon James the Second, rnd to acknowledge K. Wil- liam, though he had at firft treated him as an Ufurper. The fame queftion p relents itfelf in real alliances, and in general, in all alliances made with the ftate, and not in particular with a King for the defence of his perfon. An fenc? againft fub APPEN'DIX. de- -An Ally ought, doubtlefs, to be defended againft everv invafion, againft every foreign violence, and even againft his rebellious fubjetts \ in the fame manner a Republick ought to be defended agamjl the enterprises, of one who at" tt'mpts to deftroy the public liberty. But it ought to be re- membered, that an Ally of the State, or the Nation, is not its Judge. If the Nation has depofed its King in form ; if the people of a Republick have driven out their Magiftrates, and fet themfelves at liberty, or acknow- ledged the authority of an Ufurper, either exprelsly or tacitly; to oppofe thefe domeltick regulations, by dif- puting their juilice or validity, would : e to interfere in the Government of the Nation, and to do it an injury, (fee 54, and following of this book). The Ally re- mains the Ally of the State, notwithstanding the change Caft where that has happened in it. However, when this change real a*B- renders the alliance ufeufs, dangerous or difagreeablc, it may renounce it : for it may fay, upon a good fcyrfl.ntnn, that it would not have entered into an alliance with that Nation, had it been under the prefent form of Government. We may fay here, what we 'have laid on a perfonal alliance: however juft the caufe of that King may be, who is driven from the throne, either by his lubjccts or by a foreign ufurper; his Allies are not obliged to fupport an eternal ^var in his favour. After having made in- effectual eflorts to reftore him, they muft at length give peace to their people, and come to an accommodation with the Ufurper, and for that purpofe treat with him as with a lawful Sovereign. Louis XIV. exhaufted by a bloody and unfuccefsful war, offered at Gertruidenburg to abandon his grandfon, whom he had placed on the throne of Spain : and when affairs had changed their appearance, Charles of Auftria, the rival of Philip, law himfelf, in his turn, abandoned by his Allies. They grew weary of exhaufting their ftates, in order to give him the poffeffion of a Crown, which they believed to be his due, but which, to all appearance, they Ihould never be able to procure for him, ances may fee re- nounced. Not an DANGER- APPENDIX. DANGEROUS POWER. BOOK, III. CHAP. III. 45. IT is ft ill calier to prove, that (hould this formidable AH ntx> Power betray any unjuft and ambitious difpofitions, by ma y X"*- doing the leaft injuftice to another,, every Nation may ayaJl themfelves of the occafion, and join their forces to thoie of the party injured, in order to reduce that ambi- tious Power, and dilable it from fo eaiily opprefling its neighbours, or keeping them in continual awe and fear. For an injury gives a Nation a right to provide for its future fafety, by taking away from the violator the means of oppreiTion. It is lawful, and even praife-worthy, to aiftft thole who are oppreiTed, or unjuftly attacked. SYSTEM OF EUROPE. 47. Europe forms a political fjftem, a body, whertf the whole is connected by the relations and different in- terefts of Nations inhabiting this part of the workl. It is not, as anciently, a confufed heap of detached pieces, each of which thought itfelf very little concerned in the fate of others, and feldom regarded things which did im- mediately relate to it. The continual attention of Sove- reigns to what is on the carpet, the cpnftant reiidence of minilters, and the perpetual, negotiations, make Europe a. Europe kind of a Republic k i the members of which,, though in ^^ f ^ pendent^ unitf, through the ties of common "intersjly 'for the..* t T e *f maintenance of order and liberty. Hence- arofe that famous liberty, icheme of the political equilibrium, or bajtrnqe of power i . by which is underftood luch a difpofition of things, as no power is able abiblutely to predominate, or to prelcriie laws to others. 49. Confederacies would be A fure way of prefer.ving the equilibrium, and fupporting the liberty of Nations* did all Princes thoroughly underftand their true interefts, and regulate all thw fej^s.-fer the good pf. the ftate. CON. APPENDIX, CONTRIBUTIONS IN THE ENEMY'S COUNTRY. BOOK III. CHAP. IX. 165. INSTEAD of the pillage of the country, and defence- lefs places, a cuftom has been fubftituted more humane and more advantageous to the Sovereign making war : I mean that of contributions. Whoever carries on a jttft war *, has a right of making the enemy's country contribute' to the fuppart of the army^ and towards defraying all the charges of the war. Thus he obtains a part of what is due to him, and the fubjects of the enemy, on fubmitting to this impofition, are fecured from pillage, and the country is preferved : but a general who would not fully his reputation, is to moderate his contributions, and pro- portion them to thofe on whom they are impoied. An excels in this point, is not without the reproach of cruelty and inhumanity : if it {hews lefs ferocity than ravage and deduction, it glares with avarice. ASYLUM. BOOK I. CHAP. XIX. 232. IF an exile or banilhed man is driven from his country for any crime, it does not belong to the nation in whLh he has taken refuge to punifh him for a fault committed in a foreign country. For nature gives to mankind and to nations the right of punifhing only for their defence and fafety ; whence it follows that he can only be punifhed by thofe whom he has offended. . 233. But this reafon {hews, that if the juftice of each nation ought in general to be confined to the punifh- ment of crimes committed within its own territories, we ought to except "from this rule the villains who, by the quality and habitual" frequency of their crimes, violate all * Contributions railed by the Duke of Bmnfwick in France. Compare theie with the Contributions railed by the French in the Netherlands. EDIT. publick APPENDIX. public fecurity, and declare themfelves the enemies of tha human race. Poifoners, affaflins, and incendiaries by pro- feiEou, may be exterminated wherever they are feized ; for they attack and injure all nations, by trampling under foot the foundations of the common lafety. Thus pirates are brought to the gibbet, by the firft into whofe hands they fall. If the Sovereign of the country where thofe crimes have been committed reclaims the authors of them, in order to bring them to punifhment, they ought to be reftored to him, as one who is principally interefted in punifhing them in an exemplary manner : and it being proper to convict the guilty, and to try them according to fome form of law ; this is a fecond [not fole] reafon, why malefactors are ufually delivered up at the defire of the ftate where their crimes have been committed. Ibid. 230. Every nation has a right of refufmg to admit a Granger into the country, when he cannot enter into it without putting it into evident danger, or without doing it a remarkable prejudice *. FOREIGN MINISTERS. BOOK. IV. CHAP. 5. 66. THE obligation does not go fo far as to fuffer at all times, perpetual Minifters, who 'are deiirous of reiiding with a Sovereign, though they have nothing to negociate. It is natural, indeed, and very agreeable to the fentiments which nations owe to each other, that thefe refident Mi- nifters, when there is nothing to be feared from their flay, {hould be friendly received : but if there be any folid reaion againft this, what is for the good of the State ought un- queftionably to be preferred ; and the foreign Sovereign cannot take it amifs if his Minifter, who has concluded the affairs of his commifTion, and has no other affairs to nego- tiate, be defired to depart f. The cuftom of keeping every * The third Article of the Treaty of TRIPLE ALLIANCE, and the latter part of the fourth Article of the Treaty of QUADRUPLE ALLIANCE ftipulate, that no kind of refuge or protection fhall be givep to rebellious fubjeiSts of the contracting powers. EDIT. f Difmiffion of Mr. Chauvelin. EDIT. E e where APPENDIX. where Minifters continually refident, is now fo ftrongly eftablifhed, that the refufal of a conformity to it would, without very good reafons, give offence. Theie reafons may arife from particular conjun&ures ; but there are alfo common reafons always fubfifting, and fuch as relate to the conftitution of a Government, and the Jlate cf a Nation. The Republicks have often very good reafons of the latter kind, to excufe themfelves from continually fuffering Foreign Minifters, who corrupt the Citizens, in order to gain them over to their Majiers, to the great prejudice of the Republic, and fomenting of the Parties, &c. And fhould they only diffule among a Nation, formerly plain, frugal, ^.nd virtuous, a tafte for luxury, avidity tor money ^ and the manners of courts, thefe would be more than fuificient for wife ^nd provident Rulers to difmifs them. FINIS, a ess UNIVERSITY OF CALIFORNIA AT LOS ANGELES rue- ii- -cT, S j T Y LIB OJOVERSITY OF CAUFORJU* AT IS ANGELA f .TOR A BY A 000000290 7