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wishes of the refpective parties, that the examination might terminate in their favour. The remarkable fervour with which the royalifts exprefled their hope of its repeal, fufficiently indicated how much they expected it would militate for them, while the apprehenfions of the republicans, left it fhould be repeated, manifefted equally their conviction, how ftrongly this would operate to their detriment.

This fermentation of the public mind carried the weight of the ftrongeft argument with thofe who were entrusted with this great decifion. The elatedness of the royal party, on the bare poflibility of a repeal, clearly pointed out the danger of it to the commonwealth, and admonished its well-wishers to oppose such a measure with all their might. The members of the committee of examination, being ftaunch republicans, could not fail to perceive the queftion before them in the fame light. They did not therefore hesitate to pronounce explicitly a verdict conformable to the opinion of their party, which was thereby releafed from a state of the deepest anxiety on the iffue of this bufinefs.

There were, however, fome very fincere republicans in both the councils, who difapproved of this law, and exerted their abilities for its repeal. They argued that it made no difference between the relations of real enemies to the revolution, who bad abandoned their country, out of hatred to the fyftem introduced by that event, and the relations of individuals who had fied from the tyranny that had deluged France with proferiptions and murders. Such a flight ought not, in the cleareft equity, to be accounted

punishable. The law fhould have been pointed at those chiefly whose crimes had rendered them objects of abhorrence to all parties; and who, having been tried and condemned for them, had been fhielded from punitharent, by the amnefty extended to them by that law, in defiance of equity and the general fenfe of the public, which loudly demanded that they fhould be made examples of, as guilty of plunders and affaffinations that had filled the nation with dread and horror. Were fuch men to be excepted from the rigour of a law which ought to have been made for them alone, inftead of falling upon the innocent? Was it reconcileable with reafon and propriety, that fuch men fhould be promoted to pofts of honour and authority? but the fact was, that the period when this law took place was marked by the terrors that hung over those who, though they reprobated, did not dare to refufe their affent to it. The conftitution, though framed and accepted, flood yet upon a tottering foundation. The most upright men in the convention felt themfelves in danger from that violent party still prevailing, and with which they had no other expedient to compromise for their own fafety, than confenting to this inequitabe law, in hope however of fome aufpicious opportunity to repeal it. This opportunity was arrived, and every motive concurred to induce the legislature to refcind an act replete with cruelty and fcandal. It was well known, that thofe, whom it affected, had been falfely held out to the public, as enemies to the ftate, and their names, together with thofe of their relations, wantonly inferted in the lift of emigrants, while

it was notorious that many of the anfortunate individuals, thus traduced, were locked up in prifons, where calumny and fufpicion were at that tyrannical period fufficient reafons to confine and to treat them with the most unfeeling barbarity. But were it only out of respect for the rights of the people at large, a law fhould be abrogated, that took from them the conftitutional right of chafing to places and dignities in the ftate, those whom they reputed worthy of their confidence. To deny them this right, was to abridge them of their liberties in a moft ellential point. To plead the fafety of the nation was the language of tyranny, and would juftify every fpecies of defpotifm. What crimes had not been committed by the fanguinary tribunals, erected on the pretence of punishing the foes to the revolution?

To thefe, and other arguments, in favour of a repeal, it was replied, by the fupporters of the law, that it paffed at a time when it was deemed indifpenfible for the prefervation of the national freedom, and the fecurity of the conftitution juft established. Its numerous and active enemies were every where in motion, and friving with all their might to fet the people against it. Sufpicions were warrantable motives to exclude thofe on whom they fell, at a time when fo many were jufily fufpected, from flations of power and truft, wherein they might have acted fo hoftile a part to the commonwealth. Would it have been prudent to expofe it to fuch danger at home, while menaced by fo many foes from abroad? Allowing that a number of individuals fuffered unjufily by this law, was not this a much lefs inconvenience than to

VOL. XXXVIII.

throw the whole nation at once into the hands of fo many concealed enemies? But the fuffering, fo bitterly complained of, amounted only to a temporary fufpenfion of their rights, of which they would undergo the deprivation, no longer than the fhort space that might elapfe till the refloration of general tranquillity. As foon as peace was re-establifhed, both at home and abroad, the fufpenfion of all privileges would ceafe, and every man be placed on the completeft footing of equality, in refpect of pretenfions to public employments. But till that period, it were the height of imprudence to place confidence in any but the tried friends to the commonwealth. The promotion of others would unavoidably excite fears and jealouties. With what profpect of impartial juftice could the relations of emigrants be entrufted with the execution of the fevere, but neceflary, laws enacted against them? Inftances might occur, in the prefent fituation of things, when not only the liberty and property, but the very life of the deareft relative would be at flake: was it to be expected that the ties of confanguinity would not have their influence on thefe occa tions, and that a man coolly and determinately would doom another to death, whole life was as dear to him as his own? In this light, the law, fo violently reprobated, was in fact humane and merciful: it exempted individuals from thofe terrible conflicts between the feelings of nature, and the dictates of duty, wherein they could neither yield to the one nor to the other, without incuring the imputation of betraying their truft, or of wanting humanity. When thefe various chicum[ M ]

ftances

ftances were duly confidered, it must appear that the repeal of the law in queftion would be attended evidently with fo many inconveniences, that no judicious and unbiaffed perfon could require it. The intereft of the public was not, in truth, more concerned in maintaining that law in its full vigour, than that of private families: both would equally fuffer from its abolition. It would often happen that juftice would not be done to the public, or that by doing it, men would embitter the remainder of their lives, and become objects either of general refentment or compaffion. It being clear, therefore, that much more evil than good, muft flow from the repeal of the law; and the fecurity of the ftate being, at the fame time, a motive that ought to fuperfede all others, that law could not with any propriety be abrogated. It was, at the fame time, much to be fufpected, that many of thofe, who recommended fuch a measure, acted from finifter motives, as nothing could be a ftronger proof of its impropriety, than the fatisfaction univerfally expreffed, by the royalifts, at fuch a queftion being brought before the two councils.

A multiplicitly of other arguments were alleged by the contending parties, in which the public joined with an earneftnefs that fhewed how much all men were convinced of the importance of the fubject in debate. But the report of the committee feemed to carry an influence that could not, and ought not to be refifted. This was the opinion of the people at large, even more than of the council of five hundred, as the queftion againft

the repeal was carried by a majority of only forty-four.

The minority, encouraged by this evidence of their strength, refolved, if it were not able to compass the repeal of the law of the third of Brumaire, (25th October, 1795;) fo to modify its provifions, as to direct them equally at the partifans and. inftruments of the terrorists and jacobins; and the royalifts, who, after taking up arms against the republic, had fubmitted and been pardoned. The propofal of fuch an amendment proved highly exafperating to the fupporters of that law, who afferted, that fufficient moderation had been fhewn in exempting from its operation the actors and abetters in the infurrection against the conventional decrees for the re-elections. But the general difpofition of the council was fo ftrongly marked by impartiality on this occafion, that the amendment was carried, to the great furprize of the public; the majority of which, though decidedly inclined to measures of lenity, was fearful of that preponderance of jacobinifm, which had hitherto exerted fo irrefiftable an influence over all the proceedings of the legiflature.

The council of elders would willingly have confented to the total repeal of the law of the third Brumaire, and embraced, therefore, with readinefs, an opportunity of mitigating its severity, by affenting to the amendment made by the council of five hundred.

This alteration of that fevere law proved a matter of unexpected triumph to the moderate party, which conftituted a large majority of the nation. The exclufion from pofts of emolument, or of power,

was

was a heavy blow on that fanguinary faction, which had ruled by terror. It loft thereby a multitude of its agents, whofe crimes now rendered them ineligible to public employments, and many were, on the fame account, obliged to vacate thofe which they poffeffed.

The difcerning part of the public looked upon this event, as a fpecies of revolution, and formed the strongest hope that it would promote a reconciliation between the friends to a republican government, and thofe to a limited monarchy. Liberty being equally the aim of

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CHA P. XI.

Effes expected in France from a growing Spirit of Moderation.-The Chief Object in the Councils of France, how to Break or to Weaken the Power of England.-Plan of the French for that End.-Means for Refioring the Pecuniary Credit of the French Republic.—A Rupture threatened between the French Councils and Executive Directory.-Prevented by the neceffity of their acting in Concert.-The Legislature Invade the Province of the Directory, by the Appointment of a Committee for judging in Cafes of Appeals from Emigrants.-Loftiness of the Directory.-Humbled by the Wife Economy and Firmness of the United States of America.-Jealoufies and Difputes between the French and Americans.And an open Rupture.

THE

HE fpirit of lenity that feemed to have arifen, and been nourifhed by the new conftitution, began to operate powerfully in its favour, and to gain it daily freth adherents. The people in France appeared in general extremely willing to fupport it, hoping that the period of internal confufions would thereby be accelerated, and that the European powers leagued against them, when they found that unanimity was re-eftablished among the French, would ceafe to profecute the war for the reftoration of the houfe of Bourbon to the throne of France, against the manifeft will

of the nation.

The heads of the republic were now deeply occupied in the concerting of means to counteract the meatures of that power, on the indefatigable efforts of which all the others depended for the fapport of their own. It was with unfeigned mortification that France beheld

that power unfhaken and undiminished in the midst of the difafters that had befallen the other parts of the coalition. That invincible fpirit, which had fo many ages accompanied the councils and the arms of England, and enabled it to maintain fo many contefts with France, had, in the prefent, difplayed greater energy than ever, and imprefled feveral of the foundeft politicians with an idea, that however the French republic might for a while diffuse the terror of its arms among the neighbouring ftates, the perfevering courage of the English, aided by their immenfe opulence, would finally weary out the endeavours of the French to retain the acquifitions they had made; and, that notwithstanding the republic itself might remain, it would, on the ifiue of the terrible trial it had food, be compelled to remit of the pretenfions it had formed to preferibe terms of peace to all its numerous enemies, and to

treat

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