treaties, &c. already inferted. No public treaties are binding till after they have been examined and ratified by the legislative body; nor can war be determined upon, except by a decree of the fame body, on the formal and neceffary propofition of the executive directory. The thirteenth provides for the occafional revifion of the conftitution. The last title enacts, that there exits among the citizens no fuperiority but that of public functionaries, and that only in relation to the exercife of their functions. The law acknowledges neither religious vows, nor any other engagement contrary to the natural rights of man. No man can be hindered from fpeaking, writing, printing, and publifhing his thoughts, faving his refponfibility before the law. No man can be hindered from exercifing the worship he has chofen, or forced to contribute to the expences of that which he does not adopt. There are neither privileged companies, nor corporations, nor any limitation to the freedom of commerce, and to the exercife of industry and arts of every kind. The citizens have the liberty of affembling peaceably, and without arms; but no affembly of citizens can call itfelf a popular fociety, or, employing itself upon political questions, can correfpond with any other, or affiliate with it. In this conftitution we fee lefs to cenfure than in any of thofe which have been propofed fince the 10th of August 1792. The executive power is more concentrated, and the functions of the different branches of government better defined, than they were either in that propofed by Condorcet, or in that of 1793. It is well calculated to preferve the liberty of the citizens while it lafts; but we are dubious whether it has vigour enough to preferve itself from the affaults of faction. To this conftitution, the objection which we made to that of 1789, equally applies. The executive power is not invefted with a fufficient authority or influence to keep in check the ebullitions of faction in either of the councils. A corrupt influence may be extended too far; our parliament, therefore, which, in 1780, came to the memorable vote, " that the influence of the crown had increafed, was increafing, and ought to be diminished," was undoubtedly right; and every day's experience confirms the truth of the pofition; but there is a fair and legitimate influence which the executive government of every free country ought to poflefs to a certain degree; and that confifts in the nomination to certain offices and appointments, civil and military. This is a power which, if restricted within due bounds, will ferve to reftrain the factious and felfish, though it cannot filence the real patriot. This legitimate influence differs from corrupt influence (which, confifts in loans, jobs, contracts, bribes, &c.) in this, that the one is definite, known, and public; the other is indefinite, often fecret, and leads infenfibly to the plunder, corruption, and ruin of the nation. We conceive, therefore, that the patronage of the directory might be fomewhat enlarged with advantage to the nation, and yet might ftill be kept within fufficient bounds to prevent the erection of tyranny on the ruins of the republic. A still stronger objection presents itself to our minds; and that is, not only that a difagreement may take place between the directory and one or both of the councils, but but even among the members of the directory themfelves. The antipathy which the former tyranny has generated in the people of France to every thing which bears the appearance of monarchy, has probably prevented them, for the prefent, from vefting the executive authority in the hands of a fingle perfon; we cannot, however, but think that the American conftitution is much better calculated both for duration and energy, which has entrusted this power in the hands of on Sponfible minifter, with the aid of a Council, and under proper and falutary limitations. one re On the 5th of Fructidor (Auguft 22), previous to the tranfmiffion of the conftitutional act to the primary affemblies, the convention decreed, "that the electoral bodies fhould appoint the deputies to the legiflative body, and that they should chufe two-thirds from among the members of the prefent convention;" and, on the 13th of the fame month, fome further decrees were paffed to the fame effect; and one in particular, which enacted, "that in default of the election of two-thirds of the convention in the manner already prefcribed, the convention fhould fill up the vacancies themfelves." Thefe decrees were alfo fent to the primary affemblies for their confideration and appro-, bation; but, for the reception which they experienced from thofe bodies, and the contefts which enfued, it will be neceffary to refer to the fucceeding chapter. A treaty of peace and amity was concluded between the French republic and the landgrave of Heffe Caffel on the 28th of Auguft. By this treaty the landgrave engages neither to prolong nor renew his fubfidiary treaties with Great Bri tain, ror to employ his troops in any manner hoftile to the republic during the war. Peace was alfo conclufed with the ELECTOR Of HANOVER upon nearly the fame terms; and we record the fact with peculiar pleafure. Such a circumftance is the plainest proof of the genuin: goodness of his majesty's heart, and of his averfion to blood. fhed. When we confider, moreover, the immenfe emoluments which his majesty, as elector of Hanover, derived from Great Britain, ly the employment of his Hanoverian troops in the caufe of his allis, this facrifice to humanity muft apear the more brilliant and exempary. It proves, in effect, that the prefent war is not confonant to his najefty's wishes and inclinations,-that, as far as Great Britain is conerned, the whole blaine muft reft win the minifters,-that they are the pefons who have plunged the nation into all its prefent misfortunes nd perplexities,-that they have eglected the happieft and moft fvourable opportunities for concluing an honourable peace,that the carry on a difaftrous war, in the purfuit of fome vifionary project for the realizing of which they epend upon accident and chance that they protract the public calmities against the voice of huinanty, against the dictates of reafon.against the unbiaffed judg ment of all Europe, against the fenfe c the public, and, probably, againfthe genuine fentiments and wishes of his majetty himself. On he 30th of September the converion, after a long difcuffion, folemn, decreed the incorporation of all te countries which the house of Auflia, previous to the war, had poffeffe on the French fide of the Rhine, vith the republic of France. CHAP. CHA P. IX. Convocation of the Primary Aemblies for the acceptance of the Conftitution. Oppofition to the Laws for reelecting two thirds of the Convention to the new Legiflature. Sections of Pais proteft against it. Erroneous conduct of the Sections. The Conftitution generally accepted. Conteft continues between the Sections of Paris and the Convention. Infurrection of the Sections. Election of Reprefentatives to the new Legislature. Propofal in the Convention for appointing a Commiffion of Fiveto fave the Country. Over-ruled by Thibeaudeau. Diffolation of the Cowention. Punishment of Death abolished. General Amnesty. Meeting of the new Legislature. Choice of the Directory. Intrigues on that Occafion. Characters of the Members of the Executive Di rectory. Character of Sieyes &c. Club of the Pantheon. Choice of Minifiers. Difappointment of Louvet, Chenier, and Tailien. Characters of Louvet, Tallien, &c. The Reveil du Peuple forbidden. Difturbances in the Departments. Good cont of the Directory. Club of the Pantheon Shut up. Good effects from te Council of Elders. Good order preferved in the Legislature and Tribunes. Patriotifm of the Directory. State of Religion in France. Revival of Literature. New Academy. Account of the Inftitutions for the Educationof the People. TH HE forty eight fectios of Paris, while they unanimoufly accepted the constitution of 1795, as firmly rejected, with the xception only of two fections, te law for the re-election of the twcthirds of the convention into the ew legilature, and the law delaring that in default of the re-eledion of the two thirds by the deparments, the convention fhould coftitute itself into an elective body, nd fill пр the deficiency by its owmomination. Thofe laws, the tft of which was called the law of the fifth, and the fecond the lawof the thirteenth of Fructidor, wet fent into the departments with th conftitutional act, and being by fome of the primary affemblies condered as forming a part of the caftitution, were in confequence ccepted, even when they were fa from being approved. The fcene which Paris prfented at this epoch was folemn ind in terefting. It was the affembly of a confiderable portion of a great nation called together for the exercife of the most important duty of civilized fociety. The meetings of the primary affemblies were conducted with the utmost decorum and dignity. Next to the chair and defks of the prefident and fecretaries, the old men of the fection were feated, and around and behind them were ranged the younger citizens. Every person was permitted to deliver his fentiments, and was heard with candour and indulgence. The protest against the law of what was called the forced election, was loud and vehement; and the example of the public spirit of Paris was imitated in feveral of the departments. Had the Parifians confined their oppofition to this legal mode of refiftance, and continued to incite their fellow-citizens to the rejection of the obnoxious laws, they might perhaps have fuc ceeded mult; for the Parilians, though they had made the most strenuous refiftance to the obnoxious laws, had not been unanimous in promoting this premature affembly. ceeded in having had the enfuing open their debates. The conven legislature renewed agreeably to tion was alarmed at this difobeditheir wishes, and to what they ence to its decree, and perceived deemed the genuine fpirit of free that if this first act was paffed over and constitutional elections; while without notice, the next might be the convention must have yielded that of declaring that the convento the unequivocal decifion of the tion was no longer the national regreat majority of the nation: but prefentation. A body of the miliunhappily a different courfe was tary was therefore fent to difperfe purfued. the meeting as illegal; which was The two obnoxious laws under-effected without oppofition or tuwent many fevere examinations in the primary affemblies, and much brilliant and powerful argument was difplayed to prove that they were useless for the purpose for which they were formed, and of the most pernicious tendency with refpect to liberty. It was difficult to difpoffefs the fections of the high ground they had taken, if they had not fatally been led to abandon it themfelves, and, by that prefumption which is the greatest enemy to fuccefs, precipitated themfelves from the honourable and legal controul to which they were entitled, into difgrace and ruin. The firft falfe ftep which was taken by the fections was that of permitting the electors whom they had named, to affemble previous to the day which had been fixed by the convention. It was maintained by the primary affemblies, that when the people were convocated, all laws of regulation belonged to themselves; and therefore, having named their electors, thofe electors being the immediate reprefentatives of the people, had the right to take the fovereignty on themselves, and affemble for the purposes of bufinels as foon as they thought it expedient. Accordingly, about one hundred of the electors met in the hall of the French theatre in the Fauxbourg St. Germain, and having chofen Monf. de Nivernois, the cidevant duke, prefident, began to In the mean time the primary affemblies, from every part of the republic, fent the declaration of their acceptance of the conftitution, which in fome cafes was accompanied by approbation, in fome by difapprobation of the decrees in queftion; but in the vast majority, as might have been expected, the fanction of the conftitution and of the decrees were confounded together. The convention was careful each day to declare the majority in favour of the decrees: but the fections had doubts of this majority; and having made application to infpect the records, they afferted that the decifion of the majority, if the true and real fenfe of the majority was fuffered to prevail, would be in favor of a total renewal of the legiflature, and against the decrees in queftion; fince they obferved, that, where a primary affembly was unanimous in rejecting the decrees, it was marked by the convention as one vote, although in the fections of Paris a primary affembly fometimes confifted of fifteen hundred or two thousand perfons. The calm difplay of truth, however, no longer accorded with the heated fpirit of either party. The convention convention received with arrogance and difdain the deputations from the primary affemblies of the fections, and fometimes refused them admittance; while the language held in the fections, and the projects they feemed to meditate, induced the committees cf government to cali in the troops of the line in order to protect the convention. The Parifians paid little attention to this military guard, having perfuaded themselves that no man would draw his fword against a citizen; and this belief was confirmed by certain acts of fraternity which had taken place between the citizens and the foldiers in the camp, which, fince the infurrection of Prairial, had been pitched fometimes at Marly, and fometimes upon the plain of Sablons. It was now proclaimed throughout Paris that means more forcible than mere remonftrances were neceffary to bring the convention to reafon. That affembly was reprefented as a body of ailaffins and of tyrants. It was afferted that though fome purgations had taken place, and the most execrable of the horde had been put to death, or imprifoned, yet there still fat murderers of the fecond of September, confpirators of the 31st of May, the approvers of the judicial aflaffination of the Gironde, the oppofers of the reinstatement of the perfe cuted deputies, the faithful affociates of the mountain-chiefs, the remaining actors in the decemviral tyranny, men from whofe hands the ftains of blood were not yet wathed away, that if fuch men as thefe were fuffered to exift as legiflators, their habitudes of wickednefs would ill correfpond with ideas of jult and equitable government, and that opportunity only would be wanting to make the land again a waste of defo lation and death,-that all thefe men could expect, was to be permitted to return to the common rank of citizens, and that if they were allowed to exift, this must arife from the indulgence or contempt of their fellow-citizens, who might perhaps pardon their crimes, or excuse their cowardice; but that this act of prefumption and tyranny, the infolence of pointing themfelves out as the only proper guardians of the public weal, could not but awaken the general indignation, and that they ought to be driven from their feats with ignominy, as the leaft punishment that could attend them. The language of thefe fectionaries was moderate when compared with that of fome of their affociates. The law of retaliation was infifted on with vehemence; revolutionary tribunals were inftantly to be erected, and each deputy was to undergo a trial, of which his conduct from the beginning of the revolution fhould form the fole evidence. It was added, that if it were found he had been guilty only of cowardice, he should be ftigmatized as a man unfitted for public trust; but if he had committed crimes, or abetted those who had committed them, he fhould be punished accordingly. The prifons into which the deputies were to be put when apprehended, were appointed, and measures taken to carry this plan into execution. The men who published thefe fentiments professed themselves to be true and decided republicans; they declared that it was their horror against men who had thus fullied the nobleft of caufes, which led them to endeavour, by an act of exemplary juftice, to wash away the pollution of their country, and make fome atonement to the world for |