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were the effect of a real hesitation on the part of the Auftrian cabinet, or affumed only in order to delude the French government to give time for new arrangements, the impreffion made was iuch, that peace with Auftria was confidered as a thing affured, and the price of its attainment stated with confidence, and fubmitted to with regret. Thefe hopes and regrets were, however, equally without foundation. Neither the mediation of the king of Pruffia, who is stated to have been the firft intermediary between France and the Auftrian cabinet, nor the letters addreffed immediately from Bonaparte to the emperor, nor the frequent difpatches communicated by Moreau to prince Charles, nor thofe tranfmitted by the prince of Colleredo, were of any avail: the influence of the British miniftry overthrew the combined efforts of thofe different negotiators; and the pacific machinations of prince Charles were diffipated by the warlike refolves, of the emprefs and the minifter Thugut. The meffage of the king of England to the parliament, (February 13) informing it that his majefty was at that moment employed in making engagements with the emperor of Germany, the elector of Bavaria, and other princes of the empire, to fupport the common cause, and asking preliminary fupplies, fcarcely diffipated the illufion.

The chief conful's communications with prince Charles were still kept up, and his aide-de-camp was ftill at the archduke's quarters, though he was prohibited going to Vienna. The profpects of peace began, however, to fade gradually away; but what entirely darkened them was the arrival of general Kray at Donaufchingen, (16th of February) to fuperfede prince

Charles in the command of the army in Suabia. The archduke, whofe influence with the emperor had caufed his hesitation in favour of the confular propofitions, and who had ftruggled with fome ap pearance of fuccefs against the em prefs's party, was completely dif graced.

To cover the humiliation arifing from the lofs of the imperial favour, and to foften the indignation of the public, which was ftrongly excited in favour of this young prince, he was invefted with the title of governor of Bohemia. The almost univerfal demonftrations of regret which accompanied his departure, both from Vienna and the army, was a striking evidence, not only of the perfonal eftimation in which he was held, but of the state of public opinion refpecting the carrying on the war. As this prince had received in the English parliament the honourable appellation of the Sa viour of Germany, from the minifter whofe further projects he was now difgraced for oppofing, and as his conduct otherwife entitles him to the esteem of his contemporaries, it is not uninterefting to give a short fketch of his perfon and character. The archduke Charles is of a middle ftature; well made, but thing light hair, high forehead, large blue eyes, an aquiline nofe, pale lips, round chin, and of a fresh and rofy complexion. The found of his voice is clear and melodious; his look pleafing, and wears the cha racter of goodnefs. His port is noble and fimple; majestic, but without oftentation. He carries the moderation and fimplicity of his table to frugality, but enlivens it by the amiablenefs of his manners, and the gaiety of his converfation. His plan of life is invariably regular;' he rifes very early, and confecrates

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The first moments to devotion; the reft of his time till dinner is occupied with the bufinefs of the day, which he never quits without finishing. After his repaft, ne takes two hours of recreation, which he paffes in reading, or playing on the piano forte; after which, if the feafon admits, he rides or walks, pays vifits, or goes to the theatre. He avoids all kinds of tumultuous pleafure; and, restraining his amufements to thofe which are pure and intellectual, forms at once the fa- tire and model of a court, where his morals and heroifm are as little copied as bis pacific difpofitions, which were fpurned at and rejected.

ed.

As the appeal was once more made to the fword, the French government, conquered in negotiation, was forced to accept the challenge. The determination for war on the part of the coalefced powers was communicated officially to the legiflative body by a meffage, (7th March.) in which difappointment at the rejection of the negotiation, and indignation against the English government, were ftrongly mark"Frenchmen," fay the confuls," you have been anxious for peace; your government has defired it with fill greater ardour. Its first fteps, its most conftant wishes, have been for its attainment. The Englith miniftry has betrayed the fecret of its horrible policy. To difmember France, deftroy its marine and its ports, ftrike it out from the chart of Europe, or lower it to the rank of fecondary powers; to keep every nation on the continent divided from each other, in order to gain poffeffion of the trade of the whole, and enrich itself with their fpoils; to obtain this horrible triumph it is that England fcatters its gold, becomes prodigal of its promifes, and multiplies its intrigues." After affuring the legislative body

that neither the gold, the promifes, nor the intrigues of England, fhould ever influence the powers of the continent, the meffage further declared, that if any power remained refractory, the first conful, who had promifed peace, would put himself. at the head of the armies to march and obtain it; but that in the midst. of battles and triumphs he wouldinvoke peace, and fwear to fight only for the happiness of France and the repofe of the world.

This meffage was followed by two decrees, of the first of which the fecond article was a call, in the name of honour, on fuch of the military as had obtained their retreat, on veterans who were yet in a condition to enter on a campaign, on all young men of the requifition and confcription, to join their refpective regiments before the 5th of April, and thofe who belonged to no corps to prefent themselves at the head-quarters at Dijon, where they were to receive their arms and accoutrements, and be reviewed by the first conful in the courfe of the month. Such as were willing to accompany the firft conful as volunteers were enjoined to fignify their intentions by infcribing their names at their respective præfects. The fecond decree ftated the formation of an army of referve at Dijon of 60,000 men, which was to be commanded by the chief conful in perfon.

After a difcuffion, in which the conduct of the English government was animadverted on with nearly the fame feverity, and more refpeét than is ufual in fimilir cafes in the British parliament, the anfwer of the legislature was an echo to the meffage. The tribunate alfo emitted a with that the first conful might return at once a conqueror, and a reftorer of peace.

While thefe negotiations were 0 2 carrying

carrying on to procure external peace
to the republic, and which, unfortu-
nately for humanity, terminated only
in more ftern and decifive prepara-
tions for war, the French govern-
ment was actively employed in ame-
liorating every branch of the po-
litical economy of the state, by
forming new plans of adminiftra-
tion, by enacting new regulations,
but more efpecially in clearing away
the greater number of thofe which
had already been framed under for-
mer rulers, and which had ferved
rather to impede than to help for-
ward the progrefs of the machine.
The most important of thefe laws,
which at this time received the
fanction of the legislature, was that
of the divifion and regulation of
the internal adminiftration of the
republic. Hitherto the departments
had been under the direction of
what were called central adminiftra-
tions, that is of a certain number of
individuals named by the electors
every year; and in this practice there,
was nothing adverfe to the exercise
of the true fpirit of liberty: on the
contrary, in its forms it wore the ap-
pearance of the beft mode of de-
partmental government, fince the
electors of every department pre-
viously named by the people having
the immediate choice of other ad-
miniftrators, it might be prefumed
that that choice would be fuch only
as fhould beft tend to the well-being
and profperity of the diftrict they
had to govern.

Such indeed might have been the cafe, had the people been more enlightened with refpect to the objects of their choice; and it often happened that their election fell on men who had administered well the powers entrusted to them; but as the directory had the faculty of fufpending in the whole, or in part, thofe administrations till the epocha

of their re-election, which was once every year, fuch was the fpirit of domination in that fupreme body, that whole departments found their elections at once rendered void, and their districts under the government of men who had far lefs in charge to regulate, their interefts than the private interefts of thofe by whom they were appointed; and the refponfibility of agents was become a

mere name.

As the fyftem of the prefent government was the concentration rather than the divifion of the executive power, the law enacted for the government of the departments partook of the fame fpirit as that which regulated the fupreme executive power of the fate. The European territory of the republic was divided into departments as before, and into districts or arrondiffements of cantons. In every department was a præfect, with three or four fub-præfects, according to the population; a council of the præfecture, and a council-general of the department. In the moft populous departments the præfectorial council confifted of five members, the council-general of the department of twenty-four. In departments of the fecond clafs, according to the population, the council of præfecture confifted of fewer members; that of the department of twenty. In departments of the third rate, the præfect's council was three; the council-general of the department fixteen. The præfect was charged with the fole adminiftration. The council of præfecture decided refpecting the claims of citizens against their quota of taxation. The principal attribution of the departmental general-council, whofe feffion was to laft only fif. teen days in the year, was to allot to the refpective arrondiffements, or

diftricts

fpeedily and generally the acknowledged vices of that framed by the conftituent affembly. The enlightened members of that affembly foretold and cenfured themfelves that kind of collective adminiftration, where deliberation mingled difcuffion with action, and tardinefs took place in operations where rapidity was neceffary. The conflict alfo of jurifdiction had not been lefs inconvenient and perplexing. A multitude of objects depended at once on the minister, the mayors, and on the adminiftration of departments; by which means the different authorities were always in a fort of continual hoftility with each other. There was neither unity nor independence, nor any real adminiftrative government. Each minifter had, in almost every adminiftrative body, pretended agents, of which they were rather the correfpondents than the comptrollers; and whom intereft, fortune, and ambition, led either to refift or obey their authority, according to the circumftances in which they were placed, and which appeared in the fales and appropriation to themfelves and their affociates, of national domains, and national pro perty of every kind, at a value infi

districts of the department, the amount of the taxes which they were to pay. The fecretary-general of the council of præfecture had the keeping of the papers, and the fignature. Each arrondiffement had alfo a council, compofed like the council-general of the departments, holding its feffion for fifteen days, and fubdividing the quota of taxes to every individual. In towns, vil lages, and other places where there were municipal administrations, and the population of which did not exceed 2500 inhabitants, were placed a mayor and two adjoints. In cities of 100,000 inhabitants and upwards, a mayor and two adjoints were named for each municipality; and a commiffary-general of police, with whom the other commiffaries were to correfpond. At Paris the departmental council were to perform the functions of municipal council. The nomination to the chief of thefe various offices, fuch as the præfects, fubpræfects, the councils of præfecture, the councils-general of departments, the councils of arrondiffements, the fecretary-general, was the attribute of the first conful; the inferior magiftracies in each department were named by the præfect. The falaries of the præfects were from 8000 livres to 30,000 livres a-year, accord-nitely below, not only the real worth, ing to the population. Thofe of the but far inferior to real offers made fub-præfects from one-tenth to one- by individuals; while the concerns fifth of the amount of the præfects. of the citizens, whofe interefts they Thefe, and the commiffaries of were to watch over, became objects police, were the only offices falaried. of trifling confideration. In this project the number of departments was preferved, as in the conftituent affembly. The fix thouLand cantons were reduced to 398 arrondiements, each having a fubpræfect.

The new mode of administration had no need of experience to appreciate the benefits which have fince refulted from it, It remedied

Thefe vices, and others already fpoken of, it was the bufinefs of this new plan of adminiftration to correct. In this plan the conftitutional dependence of authority was duly marked out; from the first conful to the mayor of a Pyrenean or Alpine village every thing was connected, and the links of the great chain held firmly together. The

Q 3

moft

moft difficult article yet remained to be arranged, which was the proper choice of inftruments to put the machine in motion. This object was far from being well attained, No offices in the new government required a greater union of talents and probity than that of the præfectures, which was the reprefentation in every department of the confular power and dignity; and as the whole executive power of the territory over which the præfects prefided was delegated to them, fubject however to the control of government, it became an object of importance to the governed that thefe places fhould be filled by individuals of acknowledged character and respectability. The majority were without doubt of this defcription: but a great number of departments had to lament, that their concerns were entrusted to men, fome of whom had become celebrated only from the reproach annexed to their names as coryphées of the jacobin faction; while others perceived with regret that the republican order of things had received but little fupport in the nomination of individuals whofe fentiments were known to be hoftile to its establish ment, but whofe intereft led them to wear the mafk, and whom the fame motive would lead to drop it when a favourable occafion appeared. This mixture of characters formed part of that fyftem of impartiality, or, as it was called, of fufion, which was adopted in order to reconcile the contending parties, and call into action whatever of talent was found in each; a motive laudable enough, had the views of either party been always directed exclufively towards the public good, whatever errors might have taken place in the execution; but which deferved reprobation when this political to

leration thus confounded. fervility and honour, vice and virtue; beftowing on each equal confidence, of which the governed were to reap, according as the præfect named fhould fall to their lot, the benefit or the mischievous effects. Another object ftill more important than this arrangement of provincial adminiftration was next fubmitted to the legislature. This was the organifation of the civil and criminal courts of juftice. Whatever benefits might have refulted to France from the changes which had taken place during the revolution in every part of its government, the judiciary order had been the moft deranged and degraded. The vices which marked the parliaments throughout France were multiplied in the organifation which took place after their diffolution. The whole fyftem was tainted with the old vice of chicane and corrup tion, to which was fuperadded the turbulent theory of popular election. At no time was juftice worfe adminiftered than when the people took the management into their own hands; when the office of judge, one of the most folemn and facred that fociety has inftituted, became, from the familiarity with which it was treated, a mark of degradation, and the purfuit of the loweft intrigue. It was to remedy the numberlefs vices that encumbered this inftitution, that a law for its reformation was prefented to be difcuffed and approved by the legiflative body.

According to the prefent regulation a primary tribunal is inftituted in each communial arrondiffement, which is to take cognisance of civil matters, and of the correctional police. The feat of these tribunals is in general fuch as was occupied heretofore by the correctional tri

bunals.

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