« PrejšnjaNaprej »
afford them? and can it be supposed, that any nation intended in this manner to preclude itself from the power of exchanging, by treaty with some particular country, any great right of its own in return for an equal advantage ? or that this right should, in such case, be universally forfeited to the people of every other nation, who would thus reap the benefit without having been parties to the bargain? But this point is made clear beyond a doubt, from the words of the treaties themselves, where this general equality is stipulated.
In the treaty of commerce between Great Britain and Sweden, of the 21st of October 1661 (the principal one at present in force between the two countries), the fourth article, which contains this ftipulation, plainly makes it refer to such favours only as may be enjoyed in matters of traffic within their respective dominions. The treatment which the contrading parties shall there give to the subjects of each other is the principal purport of the article ; it specifies many particulars, and among the rest it stipulates, that the people of both countries shall have “ liberty to import and export their goods at discretion, the due customs being always paid, and the laws and ordinances of both kingdoms universally cbserved ;” and then, manifestly connecting this with what follows, it adds, “ which things being presupposed, they shall hold such ample privileges, exemptions, liberties, and immunities, as any foreigner whatsoever doth or shall enjoy :" the general equality, therefore, here ftipulated, plainly relates to those places alone where the customs of these kingdoms are to be duly paid, and the laws and ordinances of them are in force, and that is only within their respective dominions. The privileges here.conceded cannot possibly have any larger extent; and to confine the sense of the article still more strongly to the explanation which hath now been given of it, the words,“ in the dominions and kingdoms of each other," are twice repeated, to determine clearly, where that trade must be carried on, to which this favour is meant only to be granted: if, however, any doubt could yet remain in respect to this interpretation, they who made the treaty have given the strongest proof that under this article they never intended to imply a right of carrying the property of an enemy, since, by the 12th article of this same treaty; an attempt of that nature is pronounced to be « a heinous crime," and the ftrongeft provisions are made to prevent it. In the treaty of commerce between Great Britain and Russia, of the 2d of December 1734, this ftipulation of equal favour is inserted in several articles; but it appears in every one of them to relate to nothing else but to the panicular privileges which the fubjects of each were to enjoy while they were trading within the dominions of the other. In the second article this equality is expressly said to be granted « throughout the dominions of the contracting parties in Europe." In the third it relates only to “ the favourable reception of the subjects of each other in the ports of their respective countries." In the 14th it grants only an equal freedom to import “ such merchandise into each other's dominions as is allowed to the subjects of any other country;" and in the 28th it refers only to the “ respect and treatment which is to be given to the subjects of one party who come into the dominions of the other." In the treaty of commerce between Great Britain and Denmark, of the Ilth of July 1670, the latest at present in force between the two countries, the stipulation of equal favour is inserted in the 40th article; it is there faid, “ If the Hollanders, or any other nation, hath, or thall obtain from his Majesty of Great Britain any better articles, agreements, exemptions, or privileges, than what are contained in this treaty, the fame and like privileges shall be granted to the King of Denmark and his subjects allo, in most full and effectual manner." That these privileges relate only to customs and other advantages of the same kind, might be proved from the whole tenour of this treaty ;, but it will be sufficient to show that the right of carrying the property of the enemy cannot posibly be intended by it. Holland had obtained this right in 1668, two years before the Danish treaty was concluded ; if therefore the stipulation of equal favour contained in the 40th article could extend to an advantage of that nature, the merchants of Denmark would have been immediately entitled to it from the hour the treaty was signed : the ministers of that kingdom could not be ignorant of this, and yet in the 20th article they have positively forbid the exertion of any such right. They have even, expressed the greatest apprehension, lelt any liberty conceded by this treaty should be interpreted to that purpose; "lest such freedom of navigation,” says the article," or passage of the one ally, and his subjects and people, during the war which the other may have by fea or land with any other country, may be to the prejudice of the other ally, and that goods and merchandises belonging to the enemy may be fraudulently concealed under the colour of being in amity; for preventing fraud, and taking away all sulpicion, it is thought fit the thips, goods, and men, belonging to the other ally, in their pallage and voyage, be furnished with letters of passport ;” and in the passport the King of Denmark hath bound himself to declare that the ship and goods with which it is laden, "belong to his subjects, or to others having an interest therein, who are the subjects of neutral powers;" and that “ they do not appertain to either of the parties now engaged in war.'' Nothing more, I hope, need be said, to refute this weakest pretence to a right of carrying freely the property of the enemies of Great Britain. cess;
Arreté of General Moreau.- Army of the Rhine.
Head-quarters, Augsburg, 21 Vendemiaire,
An 9 (087. 13, 1800).
of Ulm, Ingolstadt, and Philipsburg, concerns the army as much with relation to difarming and non-provisioning them as to the advantages the enemy may draw from them in cale of suc
Considering that the prefervation of these fortreffes canno: enter into any plan of operations of the army, whether defensive or otherwise; and that the time fixed on as the term of the suspension of arms may bring on a resumption of hoftilities too foon for prudence to permit us to wait for the decision of government respecting the destruction of these places ; decrees,
1. The destruction of the fortifications of Philipsburg, Ingolstadt, and Ulm, with their dependant forts, shall be proceeded on instantly.
2. The works in earth shall be razed ; and the parts covered with fortifications, particularly the falients of the bastions, Thall be blown up by mines, and cleared.
3. The above fortreffes, and principally that of Philipsburg, shall be put, as much as possible, out of a state to be reconstructed as foriresses of war, unless at great expense, either by mines or water ; taking care nevertheless, that private habitations suffer no injury.
4. In the fortresses of Ulm and Ingolstadt this new order Ihall be confined to preparing the mines and making them ready to take effe&t.
5. The general commandant of the artillery fhall furnish the quantity of powder neceffary for the above operations.
6. Lieutenant-general Susanne is charged to accelerate the above decree with respect to Philipsburg; Lieutenant-general Grenier, with respect to Ingolstadt ; Lieutenant-general Richepanse, or whoever 'may fill his place for the moment, with respect to Ulm.
7. The commandant of the artillery shall, as far as.concerns him, take the necessary measures for the execution of the present decree.
Refusal of the Emperor of Russia to receive an Ambassador from the
Emperor of Germany.-- (From the Petersburgh Gazette of O. 15.) ACCORDING to advices received from the Privy Counsellor,
M. de Kalistchew, it has been made known that the Emperor of Germany intended to send an extraordinary embally to the court
of his Imperiał Majesty, to offer excuses for what happened at Ancona; and that for this purpose he had named the Prince of Auersperg, a lieutenant-general of his armies, and Knight of the Golden Fleece, as his ambaslador. It has not, however, pleased his Imperial Majesty either to accept the embally or the ambas. sador, particularly in the person of the Prince of Auersperg, who during the journey of her Imperial Highness the Grand Dutchess Alexandra Paulowna, allowed himself to offer her several indignities (grosiertés). His Majesty orders that no answer shall be returned to this notification.
Report of the Minister of general Police.---081. 20th, 1800.
Citizens Consuls, THE general list of emigrants, such as it was printed, presents
a nomenclature of a hundred and forty-five thousand individuals, or collection of individuals, and the repetition of a number of names. It was formed from partial lists, made up by the local authorities whom the National Convention charged with this operation. There is besides a lupplement, which has not þeen, but which ought to be printed, in order to form a complete lift of those who are acculed of emigration.
The Legislative Assembly, the National Convention, the Committee of Legislation of the Convention, and, fince that, the Legislative Body, have definitively erased a great number of individuals, whose names are subscribed on these lists. . Thirteen thoufand were erased by the Executive Directory. About 1200 have been erased by you.
These individuals ought then to enjoy the rights which bave been restored to them. It is upon the itability of the decisions of the government that the public confidence, the faith of private transactions, and the security of property repose.
Many of the inscriptions on the lifts are collective, and affect individuals, under the general discriminations of heirs, represenatives, and children.
The collective inscriptions of heirs and representatives may embrace within their general compass a number of families unknown to that one in whose inheritance they are called to participate ; for the laws have set no bounds beyond which one family, in defect of nearer representatives, may not be brought in as the representative of another, and confequently unknown to the local authorities, till such time as the individuals which compose these families have produced their titles and proved their rights. It is impoffible upon such an inscription to constitute any citizen to be in a state of accusation of emigration.
The inscription of children in the mass is not more regular. The crime of emigration ought to be applied to a specified individual, as the punishment will be individually applied.
Other inscriptions present the qualities of cultivators of the soil, of artisans, hitelings, their wives and children. These qualities are constant, since they were given by the authorities charged with the inscriptions, by authorities present in the places where the individuals whom they inscribed had their real residence. Of this class of individuals, there are few who have petitioned. They are almost all ignorant both of the inscription which has affected them, of the laws which pursue them, and of the punithment which threatens them. The greater part of them, having no property, neither have been nor could be informed by a sequestration of the accusation of einigration which impends over them.
Such men could not be true emigrants. All the benefits of the revolution were intended for them. By it they were delivered from the fetters and the shame of feudal subje&tion, and were made the equals of those who had been their oppressors or their masters.
If these men have quitted the soil of their country, it was never in the intention of abandoning it, nor in the absurd design of arming against their own interests. They might, for a moment, have been drawn away by the arts of fedu&tion, but never, neither in the civil dissensions, nor in the external wars, ought to be confounited with the really guilty--these abused men who can he no more than blind inftruments, whose ignorance ought to be their acquittal, and who more cipecially ought to find their pardon from the interest of the society which again calls for their induftry:
Other inscriptions relate 10 women in the power of their hus. bands, to children till subjected to paternal authority, or who have only left Francc in order to perfc&t their education.
Here again the crime of emigration cannot be found. A woman obeys the impuille of her husband, she quits with him her country, without calculating the dificulties into which it may bring her
, and without knowing the laus which threaten her.
Some ecclefiafties, whom the revolutionary laws forced to leave their country, are yet infcribed in the lists of emigrants.
Some unfortunate men, victims of the revolutionary tribunals, have been inscribed though they had never emigrated. The govern; ment owes to their families to reilure to their memory the title of citizen, and 10 thcir heirs the rights which they may derive from it.
The French present at Milan at the time of the capitulation, are absolved by the capitulation itself, the execution of which is demanded by the public faith.
A great number of individuals inscribed have been previous