which refpected the foreign relations of the republic.

In the beginning of December, a board of admiralty was inftituted, with the intention of promoting order, economy, energy, and that promptitude and fecrecy which naval defigns and operations fo often require, and which can be enfured only by unity of aflent and action. It was intended for the purpose of giving the fupreme maritime authority that preponderance and dignity requifite for exciting emulation, and reftoring the marine to its former luftre and glory. The commiffioners to whom the first conful gave it in charge to inquire into, and propofe the beft means for anfwering the, ends propofed by that establishment, were inftructed to investigate the inftitutions of the English marine, and the naval adminiftrations of other countries.

The commerce of France, during 1799, was reduced, as it had been for feveral years before, to a mere piratical trade, which had its advantages and difadvantages; but of which the difadvantages greatly preponderated. As this is a matter of the highest importance in the prefent period of extended intercourfe, when all nations are, more or lefs, united by the golden chain of commerce, and the reciprocity of their interefts, becomes every year and day more and more apparent, it may not be improper to bestow uponit more attention than is permitted by our plan to the temporary intrigues and expedients of politicians, which, though they may perhaps be more amuting, afford lefs ground for useful inference and infiruction.

The first act of French jurifprudence, refpecting corfairs or priva

fourteenth century. From that period, down to the middle of the feventeenth, this branch of maritime legislation, in every country in Europe, was involved in a chaos of obfcurity, confufion, and contradic-, tion. At last, by certain articles in the treaty of the Pyrenees, it was established, that merchandife of any kind, found on board an enemy's ship, and to whomfoever belonging, might be confifcated at the fame time, the goods even of enemies, not contraband, were to be fafe to their owners, when carried in neutral veffels. This twofold principle, that, on the one hand, an enemy's flag condemns all that it covers, and, on the other, that neutral or free fhips make free goods, was fuperfeded, in fome degree, by an ordinance of the French king and parliament of 1681, by which it was declared, that all ships carrying any merchandise of an enemy, as well as any merchandife found on board an enemy, fhould be equally confidered as lawful prizes. A regulation of 1744 went ftill farther. It confifcated not only the fabrics or manufactures of an enemy, but whatever was of the phyfical produce of his country, whether raw materials, or those wrought into any fpecies of manufacture.

It is, however, to be obferved, that, as the French government was obliged to apply, as well as to make the law, it was judged good policy to make the law very fevere, that/it might admit, without any injury to the ftate, of modification in practice. Accordingly we find, that, in all wars before the prefent, in every inftance in which a vigorous application of the maritime law might be inconfiftent with the interefts of the

flate,

fate, the French government never failed, either by a declaration in the name of the king, or fimply by a minifterial letter, to prefcribe the decifion that was to be given, or even, in certain cafes, to modify the decifions already made.

The French government was induced to obferve more than ufual management and refpect, in their treatment of neutral vessels, by their new connection of friends and allies, with the revolted British colonies in America, in 1778: becaufe every thing that should be done in favour of neutral fhips, and of the free and unmolefied navigation of the feas, would be, in fact, a blow ftruck againft England. No fooner was the famous treaty for an armed neutrality ratified by the northern powers, than the French government, in order to give an emphatic proof of its regard to neutral veffels, and the freedom of navigation, acceded to the principle and fpirit of that theory, and invited the Spaniards to do the fame. All French privateers were ordered to pay refpect to neutral flags; and the councils for maritime affairs, or, as an Englifhman would fay, the courts of admiralty, received orders to act in conformity with this new ordi

nance.

The national convention, in 1793, finding itself in the full poffeffion of all political powers, granted letters of marque, with orders that the laws concerning prizes fhould remain on the old footing: on which, as already obferved, the executive government took upon itself to interpret or modify the maritime law, according to circumftances. But, as any arbitrary interpretation or modification of laws is utterly in

compatible with a free government, it appeared indifpenfably neceffary, to the national affembly, after the executive committee and the committee of public fafety, which had for fome time taken the management of the prize bufiness, was (on account of their tyranny) fuppreffed, to refer this bufinefs, by a decree of November, 1796, to the ordinary tribunals; and now it was that the French privateers fell with little ceremony or diftinétion on neutral veffels, as well as on thofe of enemies. To former regulations new laws were added, of a nature to confirm an opinion, already very prevalent, that privateering could not be too much extended or encouraged.

The French directory, in 1799, confidered this piratical fyftem, both as it related to the internal profperity of the kingdom, and as it might affect its credit, refpectability, and general interefts in its various connections with other nations.

In the most flourishing period of the French marine, the number of feamen, as appeared by the public enrolment of their names, amounted to eighty thousand. They were now reduced to half that number. It was the common fate of privateers to fall, fooner or later, into the hands of the English. But, even when faccefsful, they were obliged to put their beft hands into the prizes which they took; and, when thefe prizes were retaken, as often happened, both men and fhips were loft to the republic. The bufinefs of privateering appeared to have abforbed the whole naval energy of. the state. The arfenals and dockyards were deferted. Ships of war could not be manned, for want of feamen. In proportion as priva[E3]

teers

teers increased, the navy of France was diminished and weakened. In the mean time neutral fhips were frightened from the French ports and coafts. The ufual outlets were wanting for the productions of the foil and other commodities. The violent bufinefs of piracy might flourish in five or fix places, but the republic, on the whole, deprived of the general influence of peaceable commerce, paid two prices for all colonial productions, while the productions of France were funk in their value, by the want of means of exportation. Even fhips laden with naval ftores for the French government were often taken by French privateers, fometimes condemned, and never recovered eafily. It appeared, on the whole, to the directory, that, as neither the number or qualifications of the feamer to be found bore any proportion to the exigencies of the navy, every privateer was a blew ftruck at the marine of the republic. That, as neither could the French navy be furnished with provifions or ftores, nor the colonies be fupplied with neceffaries, nor the produce of France exported without the aid of neutral veffels, the French had weakened themfelves with their own hands. With regard to foreign powers, the refult of the French fyftem of maritime affairs was, from its juftice and moderation during the first years of the prefent war, greatly to their credit; and this was enhanced by the piracies of the English. It was against the English alone that neutral powers armed and fent convoys with their hips, and this very much at the inftigation of the French government; which, in its negociations with maritime powers, fignified that it

was not their plan to make peace with England on any other terms than thofe of their fubfcribing fuch a fundamental code of maritime, laws, as fhould for ever fecure the rights of neutrality to pacific nations.

Thefe declarations, however, which were confirmed by the whole conduct of the directory, did not, as they expected, rally all maritime powers around the republic, for maintaining the freedom of the ocean. The northern powers appeared cold and selfish in all their intercourfes with the republic, and made but a very feeble refistance to the continued violation of their neutrality on the part of the English.

The French government and nation having equal caufe of complaint against the piracies of the English, and the torpid fubmiffion of the neutral maritime powers, judged it neceflary to depart, for a time, from the liberal maxims which they with ed univerfally to establish. The republic, that it might no longer be the victim of a falfe generofity, announced to the neutral ftates its intention of treating them precifely in the fame manner in which they allowed themselves to be treated by the English. This decree was dated fourteenth of Meflidor (fecond of July,) 1779.

This meafure was followed immediately by the best effects. The English became more cautious and difcreet in their feizures of neutral fhips bound for France. The owners of neutral veffels, feized and detained with their cargoes, obtained readier payment. But, while new encouragement was thus given to privateering, the French government determined not to give up the right formerly exerciled by the exe

cutive government, but to watch over the ufe that individual corfairs made, in fact, of the power granted them, and to judge ultimately concerning refults in particular cafes, according to the public intereft, which required that the actual exercife of piracy fhould be confined, on the whole, to juft repritals. The confequence was, that the neutral powers thewed fomewhat of more fpirit in defence of their rights; but the privateers abandoning themfelves to an unlimited and licentious exercife of the decree in their favour, carried their indifcriminate piracies to fuch a length, as to drive wholly away from the French coafts those neutral veffels, which good policy would invite and encourage, in order to raise the value of the produce and merchandise of France, and lower the price of freight and infurance. The French government, taught this by experience, laid it down as a maxim, that the most extended and unlimited piracy is by no means a genuine fource of national wealth and profperity. They were farther abundantly fenfible, that an agricultural ftate, fuch as France, rich in phyfical productions and various induftry, which confumes a great deal, and should export a great deal, is particularly interested in the preservation of all commercial relations, in their greatest extent and security.

The directory, having reprefented these things in a memorial, addreffed to the legislative bodies, concluded that it was high time to adopt fome lyftem of marine affairs, that fhould be better fuited than the prefent to the intereft of the country, and fitted for curbing and overthrowing the monopolization of the English. They declared it to be their fixed

opinion, that, in the prefent circumftances, the liberty of privateering, inftead of being farther encouraged and extended, fhould be reftrained and modified.

This memorial, respecting the marine trade, was referred by the council of five hundred to a fecret committee, as it was connected, in feveral points, with the relations and connections of France with foreign fates. The fubject of it was under confideration, but nothing deter. mined on when the directory and legiflative councils were fufpended by the confular government. matter of fuch confequence did not escape the attention of Buonaparte. A decree was paffed annulling all the peculating decifions and practices of Merlin and others, refpecting neutral veffels, and reftoring the laws and ufages of the monarchy in 1778.

A

In these, and other measures of the confular government, for the correction of abuses, and the secu rity and tranquillity of the state, it is evident that they were anxious to difplay, and, no doubt, were actuated fincerely by a spirit of moderation, harmony, concord, and a defire of, at leaft, internal peace: agreeably to the toaft of Buonaparte, at the feaft in the Temple of Victory," the union of all the French."

In the mean time, while the confuls were thus occupied, the commiffions were employed, under their influence and direction in framing a new conflitution, the ground work of which was, the form of an ideal republic, drawn up formerly by the abbé Sieyes, which he had prepared for the convention, and to whofe judgement he withed to have fubmitted it, in 1793--we fay wished to have fubmitted it; for, after he had afcended, [E4]

the