afford them? and can it be fuppofed, that any nation intended in this manner to preclude itself from the power of exchanging, by treaty with fome particular country, any great right of its own in return for an equal advantage? or that this right should, in fuch case, be univerfally 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 ftipulated. In the treaty of commerce between Great Britain and Sweden, of the 21st of October 1661 (the principal one at prefent in force between the two countries), the fourth article, which contains this ftipulation, plainly makes it refer to fuch favours only as may be enjoyed in matters of traffic within their refpective dominions. The treatment which the contracting parties fhall there give to the subjects of each other is the principal purport of the article; it fpecifies many particulars, and among the reft it stipulates, that the people of both countries fhall have "liberty to import and export their goods at difcretion, the due cuftoms being always paid, and the laws and ordinances of both kingdoms univerfally cbferved;" and then, manifeftly connecting this with what follows, it adds, "which things being prefuppofed, they fhall hold fuch ample privileges, exemptions, liberties, and immunities, as any foreigner whatsoever doth or shall enjoy:" the general equality, therefore, here ftipulated, plainly relates to thofe places alone where the cuftoms of these kingdoms are to be duly paid, and the laws and ordinances of them are in force, and that is only within their refpective dominions. The privileges here conceded cannot poffibly have any larger extent; and to confine the sense of the article still more ftrongly 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 ftrongest proof that under this article they never intended to imply a right of carrying the property of an enemy, fince, by the 12th article of this fame treaty, an attempt of that nature is pronounced to be "a heinous crime," and the strongest provisions are made to prevent it. In the treaty of commerce between Great Britain and Ruffia, of the 2d of December 1734, this ftipulation of equal favour is inferted in feveral articles; but it appears in every one of them to relate to nothing elfe but to the particular 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 exprefsly faid to be granted throughout the dominions of the contracting parties in Europe." In In the third it relates only to the favourable reception of the fubjects of each other in the ports of their refpective countries." In the 14th it grants only an equal freedom to import "fuch merchandise into each other's dominions as is allowed to the fubjects of any other country ;" and in the 28th it refers only to the refpect and treatment which is to be given to the fubjects of one party who come into the dominions of the other." In the treaty of commerce between Great Britain and Denmark, of the 11th of July 1670, the latest at present in force between the two countries, the ftipulation of equal favour is inferted in the 40th. article; it is there faid, "If the Hollanders, or any other nation, hath, or fhall obtain from his Majefty of Great Britain any better articles, agreements, exemptions, or privileges, than what are contained in this treaty, the fame and like privileges fhall be granted to the King of Denmark and his fubjects alfo, in moft full and effectual manner." That thefe privileges relate only to customs and other advantages of the fame kind, might be proved from the whole tenour of this treaty ;, but it will be fufficient to fhow that the right of carrying the property of the enemy cannot poffibly be intended by it. Holland had obtained this right in 1668, two years before the Danish treaty was concluded; if therefore the ftipulation 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 figned: the minifters of that kingdom could not be ignorant of this; and yet in the 20th article they have pofitively forbid the exertion of any fuch right. They have even expreffed the greatest apprehenfion, left any liberty conceded by this treaty fhould be interpreted to that purpose; left such freedom of navigation," fays the article," or paffage of the one ally, and his fubjects 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 fufpicion, it is thought fit the fhips, goods, and men, belonging to the other ally, in their paffage and voyage, be furnished with letters of paffport;" and in the paffport the King of Denmark hath bound himfelf to declare that the fhip and goods with which it is laden, "belong to his fubjects, or to others having an interest therein, who are the fubjects of neutral powers;" and that "they do not appertain to either of the parties now engaged in war." Nothing more, I hope, need be faid, to refute this weakest pretence to a right of carrying freely the property of the enemies of Great Britain. Arreté of General Moreau.- Army of the Rhine. Head-quarters, Augsburg, 21 Vendemiaire, THE General in Chief, feeing that the demolition of the fortreffes of Ulm, Ingolstadt, and Philipfburg, concerns the army as much with relation to difarming and non-provifioning them as to the advantages the enemy may draw from them in cafe of fuccefs; Confidering that the prefervation of these fortreffes cannot enter into any plan of operations of the army, whether defensive or otherwife; and that the time fixed on as the term of the fufpenfion of arms may bring on a refumption of hoftilities too foon for prudence to permit us to wait for the decifion of government respecting the destruction of these places; decrees, 1. The deftruction of the fortifications of Philipfburg, Ingolstadt, and Ulm, with their dependant forts, fhall be proceeded on instantly. 2. The works in earth fhall be razed; and the parts covered with fortifications, particularly the falients of the bastions, shall be blown up by mines, and cleared. 3. The above fortreffes, and principally that of Philipfburg, fhall be put, as much as poffible, out of a state to be reconstructed as fortreffes of war, unlefs at great expenfe, either by mines or water; taking care nevertheless, that private habitations fuffer no injury. 4. In the fortreffes of Ulm and Ingolftadt this new order shall be confined to preparing the mines and making them ready to take effect. 5. The general commandant of the artillery fhall furnish the quantity of powder neceffary for the above operations. 6. Lieutenant-general Sufanne is charged to accelerate the above decree with refpect to Philipfburg; Lieutenant-general Grenier, with respect to Ingolftadt; Lieutenant-general Richepanse, or whoever 'may fill his place for the moment, with refpect to Ulm. 7. The commandant of the artillery fhall, as far as concerns him, take the necellary measures for the execution of the prefent decree. Refufal of the Emperor of Ruffia to receive an Ambassador from the Emperor of Germany. (From the Petersburgh Gazette of Oct. 15.) ACCORDING to advices received from the Privy Counsellor, M. de Kaliftchew, it has been made known that the Emperor of Germany intended to fend an extraordinary embassy to the court of his Imperial Majefty, to offer excufes for what happened at Ancona; and that for this purpofe he had named the Prince of Auerfperg, a lieutenant-general of his armies, and Knight of the Golden Fleece, as his ambafador. It has not, however, pleased his Imperial Majefty either to accept the embaffy or the ambaffador, particularly in the perfon of the Prince of Auersperg, who during the journey of her Imperial Highnefs the Grand Dutchefs Alexandra Paulowna, allowed himself to offer her feveral indignities (groffiertés). His Majefty orders that no answer shall be returned to this notification. Report of the Minister of general Police.---Oct. 20th, 1800. THE general lift of emigrants, fuch as it was printed, prefents 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 lifts, made up by the local authorities whom the National Convention charged with this operation. There is befides a fupplement, which has not been, but which ought to be printed, in order to form a complete lift of those who are accufed of emigration. The Legislative Affembly, the National Convention, the Committee of Legislation of the Convention, and, fince that, the Legislative Body, have definitively erafed a great number of individuals, whofe names are fubfcribed on thefe lifts. Thirteen thoufand were erased by the Executive Directory. About 1200 have been erased by you. These individuals ought then to enjoy the rights which have been restored to them. It is upon the stability of the decisions of the government that the public confidence, the faith of private tranfactions, and the fecurity of property repofe. Many of the infcriptions on the lifts are collective, and affect individuals, under the general difcriminations of heirs, reprefenatives, and children. The collective infcriptions of heirs and representatives may embrace within their general compass a number of families unknown to that one in whofe inheritance they are called to participate; for the laws have fet no bounds beyond which one family, in defect of nearer reprefentatives, may not be brought in as the reprefentative of another, and confequently unknown to the local authorities, till fuch time as the individuals which compose these families have produced their titles and proved their rights. It is impoffible upon fuch an infcription to conftitute any citizen to be in à ftate of accufation of emigration. The The infcription of children in the mafs is not more regular. The crime of emigration ought to be applied to a specified individual, as the punishment will be individually applied. Other infcriptions prefent the qualities of cultivators of the foil, of artifans, hirelings, their wives and children. Thefe qualities are conftant, fince they were given by the authorities charged with the infcriptions, by authorities prefent in the places where the individuals whom they infcribed had their real refidence. clafs of individuals, there are few who have petitioned. They are almost all ignorant both of the infcription which has affected them, of the laws which purfue them, and of the punishment which threatens them. The greater part of them, having no property, neither have been nor could be informed by, a fequeftration of the accufation of enigration 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 fhame of feudal fubjection, and were made the equals of thofe who had been their oppreffors or their mafters. If thefe men have quitted the foil of their country, it was never in the intention of abandoning it, nor in the abfurd defign of arming against their own interefts. They might, for a moment, have been drawn away by the arts of feduction, but never, neither in the civil diffenfions, nor in the external wars, ought to be confounded with the really guilty-thefe abufed men who can be no more than blind inftruments, whofe ignorance ought to be their acquittal, and who more efpecially ought to find their pardon from the interell of the fociety which again calls for their induftry. Other infcriptions relate to women in the power of their huf bands, to children till fubjected to paternal authority, or who have only left France in order to perfect their education. Here again the crime of emigration cannot be found. A woman obeys the impulfe of her husband, the quits with him her country, without calculating the dificulties into which it may bring her, and without knowing the laws which threaten her. Some ecclefiaftics, whom the revolutionary laws forced to leave their country, are yet infcribed in the lifts of emigrants. Some unfortunate men, victims of the revolutionary tribunals, have been infcribed though they had never emigrated. The government owes to their families to reilore to their memory the title of citizen, and to their heirs, the rights which they may derive from it. The French prefent at Milan at the time of the capitulation, are abfolved by the capitulation itself, the execution of which is demanded by the public faith. A great number of individuals infcribed have been previously Grafed |
