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wishes of the respective parties, that the examination might terminate in their favour. The remarkable fervour with which the royalists 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 should be repeated, manifested equally their conviction, how strongly this would operate to their detriment.

This fermentation of the public mind carried the weight of the strongest argument with those who were entrusted with this great decifion. The elatedness of the royal party, on the bare possibility 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 staunch republicans, could not fail to perceive the question before them in the fame light. They did not therefore hefitate to pronounce explicitly a verdict conformable to the opinion of their party, which thereby releafed from a state of the deepest anxiety on the issue of this business.

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There were, however, some very fincere republicans in both the councils, who disapproved 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 had abandoned their country, out of hatred to the system introduced by that event, and the relations of individuals who had fled from the tyranny that had deluged France with profcriptions and murders. Such a flight ought not, in the cleareft equity, to be accounted

punishable. The law should have been pointed at those chiefly whose crimes had rendered them objets of abhorrence to all parties; and who, having been tried and condemned for them, had been shielded from punishment, by the amnesty extended to them by that law, in defiance of equity and the general sense of the public, which loudly demanded that they should be made examples of, as guilty of plunders and assaffinations that had filled the nation with dread and horror. Were such men to be excepted from the rigour of a law which ought to have been made for them alone, instead of falling upon the innocent? Was it reconcileable with reason and propriety, that fuch men should be promoted to posts 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 refuse their assent to it. The conftitution, though framed and accepted, ftood yet upon a tottering foundation. The most upright men in the convention felt themselves in danger from that violent party still prevailing, and with which they had no other expedient to compromise for their own safety, than consenting to this inequitabe law, in hope however of some 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 feandal. It was well known, that those, whom it affected, had been falsely held out to the public, as enemies to the state, and their names, together with those of their relations, wantonly inserted 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 refpect for the rights of the people at large, a law thould be abrogated, that took from them the conftitutional right of chuting to places and dignities in the state, those whom they reputed worthy of their confidence. To deny them this riglit, was to abridge them of their liberties in a moft eflential point. To plead the fafety of the nation was the language of tyranny, and would justify 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 indispensible for the prefervation of the national freedom, and the security of the conftitution just established. Its numerous and active enemies were every where in motion, and ftriving with all their might to fet the people against it. Sufpicions were warrantable motives to exclude those on whom they fell, at a time when so many were justly fufpected, from stations of power and truft, wherein they might have afted fo hoftile a part to the commonwealth. Would it have been prudent to expose it to fuch danger at home, while menaced by fo many foes from abroad? Allowing that a number of individuals fuffered urjuftly 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 short space that might elapfe till the restoration of general tranquillity. As foon as peace was re-established, both at home and abroad, the fufpenfion of all privileges would ceafe, and every man be placed on the completeft footing of equality, in respect 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? Instances might occur, in the present situation of things, when not only the liberty and property, but the very life of the dearest relative would be at stake: was it to be expected that the ties of confanguinity would not have their influence on these occafions, and that a man coolly and determinately would doom another to death, whose 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 those 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 trust, or of wanting humanity. When these various circum[M] ftances

stances were duly confidered, it must appear that the repeal of the law in question would be attended evidently with so many inconveniences, that no judicious and unbiassed person could require it. The interest 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 justice 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 resentment or compaffion. It being clear, therefore, that much more evil than good, must flow from the repeal of the law; and the security of the state being, at the fame time, a motive that ought to supersede all others, that law could not with any propriety be abrogated. It was, at the fame time, much to be fufpected, that many of those, who recommended such a measure, acted from finister motives, as nothing could be a stronger proof of its impropriety, than the fatisfaction universally expressed, by the royalifts, at fuch a question being brought before the two councils.

A multiplicitly of other arguments were alleged by the contending parties, in which the public joined with an earnestness that shewed how much all men were convinced of the importance of the fubject in debate. But the report of the committee seemed 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 question against

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

The minority, encouraged by this evidence of their strength, resolved, if it were not able to compass the repeal of the law of the third of Brumaire, (25th October, 1795;) fo to modify its provisions, as to direct them equally at the partisans and. instruments of the terrorists and jacobins; and the royalifts, who, after taking up arms against the republic, had fubmitted and been pardoned. The proposal of fuch an amendment proved highly exasperating to the supporters of that law, who afferted, that fufficient moderation had been shewn in exempting from its operation the actors and abetters in the insurrection against the conventional decrees for the re-elections. But the general disposition of the council was so strongly 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 jacobinism, which had hitherto exerted so irresistable an influence over all the proceedings of the legiflature.

The council of elders would willingly have consented to the total repeal of the law of the third Brumaire, and embraced, therefore, with readiness, an opportunity of mitigating its feverity, by afsfenting to the amendment made by the council of five hundred.

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

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

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

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CHAP. XI.

Effets 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 Reforing 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 Wise Economy and Firmness of the United States of America. Jealoufies and Disputes between the French and Americans. And an open Rupture.

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HE fpirit of lenity that seemed to have arifen, and been nourified by the new conftitution, began to operate powerfully in its favour, and to gain it daily fresh 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 againft them, when they found that unanimity was re-established among the French, would cease to profecute the war for the restoration of the house 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 measures of that power, on the indefatigable efforts of which all the others depended for the support of their own. It was with unfeigned mortification that France beheld

that power unshaken and undiminished in the midst of the disasters that had befallen the other parts of the coalition. That invincible spirit, which had so many ages accompanied the councils and the arms of England, and enabled it to maintain fo many contests with France, had, in the present, displayed greater energy than ever, and imprefled several of the foundest politicians with an idea, that however the French republic might for a while diffuse the terror of its arms among the neighbouring states, 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 iflue of the terrible trial it had ftood, be compelled to remit of the pretenfions it had formed to prescribe terms of peace to all its numerous enemies, and to

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