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BOOK XI. the freedom and safety of all and of each, is parts of his message, Mr. Madison was justified
strengthened by every occasion that puts it to by what had actually happened, or by what was CHAP. XI. the test.
likely to happen. But certainly, so far as be “ In fine, the war, with all its vicissitudes, is dwelt upon the military character of the United 1813. illustrating the capacity and the destiny of the States, neither what had occurred, nor wbat in
United States, to be a great, a flourishing, and all probability would speedily occar, bore him out; powerful nation, worthy of the friendship which almost every American general and army had fled it is disposed to cultivate with all others; and with precipitation before an inferior force, composauthorised by its own example, to require fromed almost entirely of Canadian troops. Wilkinson all, an observance of the laws of justice and and Hampton, the last who had fought, had reciprocity. Beyond these, their claims have derived no more honour than their predecessors : never extended; and in contending for these, we Sir George Prevost, on the contrary, exhibited behold a subject for our congratulations, in the his usual activity and courage; and after the daily testimonies of increasing harmony through- defeat of the American generals, he pursued out the nation, and may humbly repose our trust them so closely, that they were forced to take up in the smiles of heaven on so righteous a cause. their winter-quarters in their own territory.
“ JAMES MADISON." As we have now brought the war in America
down to the close of the year 1813, we shall turn In the statements and anticipations of soine our attention to the affairs of Europe.
Affairs of France resumed.- Deputation sent to England to invite Eouis XVIII. to the Throne.
Constitutional Charter.-Decree of the Senate, conveying the Provisional Government to Mon-
In our tepth Book, Chap. XIL we brought most: 'they are named by the king; their dignity down the affairs of Europe
to the deposition
of is immoveable, and hereditary frøm male to male: BOOK XII. Napoleon, and the entrance into Paris of Mon- the present senators are retained; the revenues sieur, the brother of Louis XVIII. We shall for the support of the senate are divided equally now therefore resume our narrative of the trans- between them, and pass to their successors: in 1814. actions which took place in that city after its cases of death without male posterity, the porsurrender to the allies.
tions return to the public treasure. The senaAfter the allies were in possession of Paris, and tors who shall be named in future cannot partakethe deposition of Bonaparte, there could remain of this endowment. little doubt of the restoration of the Bourbons: 7. The princes of the blood and of the royal in fact, soon after these events, deputies, arrived family are, by right, members of the senate: the in London to wait on Louis XVIII.; under these functions of a senator cannot be exercised under circumstances a constitution for the French peo twenty-one years of age. ple was soon formed, and immediately presented 9. Each department shall send to the legislato the senate: it was read twice, and a commis- tive body the same number of deputies it sent sion appointed to consider it. On the evening of before: the duration of the function of the deputhe 5th of April, the commission made its report, ties is fixed at five years. and the constitution was 'adopted unanimously. 10. The legislative body shall assemble each By this constitution Louis was restored, by a year on the 1st of October: the king may coneonstitutional charter, of which the following are voke it extraordinarily: be may adjourn it: he the principal and most important features: may also dissolve it: but, in the latter case, ano
1. The French government is monarchical, 'ther legislative hody must be formed, in three and hereditary from male to male in order of months at the latest, by the electoral colleges. primogeniture.
W. The legislative body has the right of dis2. The French call to the throne Louis, bro- eussion: the sittings are public. ther of the late king.
13. No member of the senate or legislative 3. The ancient nobility resume their titles; the body can be arrested without a previous authonew ones preserve theirs hereditarily; the legion rity from the body to which he belongs: the trial of honor shall retain its prerogatives.
of a member of the senate or legislative body bee 4. The executive power belongs to the king: longs exelusively to the senate.
5.. The king, the senate, and the legislative 14. The ministers may be members either of body, concur in the making of laws: those rela- the senate or legislative body. ting to contributions can be proposed only in the 15. Equality of proportion in the taxes is of legislative hody: the sanction of the king is be right: no.tax can be imposed or received, unlesseessary for the completion of a law.
it has been first consented to by the legislative 6. There are 150 senators at least, and 200 at body and the senate The land-tax can only be
BOOK XII. established for a year. The budget of the fol the Prince of Benevento, who addressed his royal
lowing year, and the accounts of the preceding highness as follows: Crap. I. year, are presented annually to the legislative * Monseigneur, -The senate presents to your
body and the senate, at the opening of the sitting royal bighness the homage of its respectful devotion. 1814. of the legislative body.
* It has proposed the return of your august 16. The law shall fix the mode and the amount house to the throne of France. Too well inof the recruiting of the army.
structed by the present and the past, it desires, 17. The independence of the judicial person with the nation, to confirm for ever the royal is guaranteed. No one can be removed from his authority upon a just division of powers and upon natural judges. The institution of juries is pre public liberty, the only guarantees of the happiserved, as well as the publicity of trial in criminal ness and interest of all. matters: the penalty of confiscation of goods is “ The senate, persuaded that the principles of abolished. The king has the right of pardon.
the new constitution are in your heart, conveys to 18. The judges are for life, and irremovable: you, by the decree which I have the honor to the commissions and extraordinary tribunals are present to you, the title of lieutenant-general of repressed, and cannot be re-established.
the kingdom, until the arrival of your august 21. The person of the king is sacred and in- brother. Our respectful confidence cannot better violable: all the acts of the government are honor the ancient loyalty which was transmitted signed by a minister. The ministers are respon- to you by your ancestors. sible for all which those acts may contain in vio Monseigneur, the senate, in these moments lation of the laws, public and private property, of public joy, obliged to remain more calm in and the rights of citizens.
appearance relative to the limits of its duties, is 22. The freedom of worship and of conscience not the less penetrated with the universal sentiis guaranteed: the ministers of worship are treated ment. Your royal highness will read our hearts and protected alike.
through the reserve even of our language. Each 23. The liberty of the press is entire, with the of us, as Frenchmen, is associated to those touchexception of the legal repression of offences ing and profound emotions which have accompawhich may result from the abuse of that liberty. nied you from the moment of your entrance to
24. The public debt is guaranteed. The sales the capital of your forefathers, and which we feel of the national domains are irrecoverably main still deeper under the dome of the palace to tained.
which hope and joy are at length returned with a 25. No Frenchman can be prosecuted for opi- descendant of St. Louis and of Herry IV. nions or votes which he has given.
“For myself, monseigneur, permit me to con26. Every person has a right to address indi- gratulate myself upon being the interpreter to your vidual petitions to every constituted authority. royal highness of the senate, which has done me
27. All Frenchmen are equally admissible to the honor to choose me for its organ. The all civil and military employments.
senate, which knows my attachment to its mem28. All the laws existing remain in vigour, bers, has wished to afford me one sweet and until they shall be legally repealed. The code happy moment more. The sweetest indeed are of civil laws shall be entitled the civil code of those in which one approaches your royal highthe French
ness to renew to you the testimony of one's 29. The present constitution shall be sub- respect and love." mitted to the acceptance of the French people, His royal highness replied, in the form which shall be regulated. Louis “ Gentlemen, I have taken cognizance of the Stanislaus Xavier shall be proclaimed King of constitutional charter which recalls
to the throne of the French, as soon as he shall have signed and France the king my august brother. I have not sworn, by an act stating," I accept the constitu received from him the power to accept the contion. I swear to observe it, and cause it to be stitution ; but I know his sentiments and prinobserved." This oath shall be repeated in the ciples, and I do not fear being disavowed when solemnity, when he shall receive the oath of fide I
in his name that he will admit the lity of the French.
basis of it. On the 14th of April, the senate passed a de, “ The king, in declaring that he would maincree, conveying the provisional government to tain the existing form of the government, has Monsieur, under the title of lieutenant-general of thereby acknowledged that the monarchy ought to the kingdom, “ until Louis Stanislaus Xavier, of be balanced by a representative government, dividFrance, called to the throne of the French, has ed into two houses (these two houses are formed by accepted the constitutional charter.” Ou occa the senate and the deputies of the departments ;) sion of presenting this decree to him, he was that taxes shall be freely assented to by the waited on by the senate and the legislative body representatives of the nation; public and indiviThe senate was presented by M. Talleyrand, dual liberty assured; the liberty of the press
respected, with the exception of the restrictions' service. They were invested with powers to BOOK XII. necessary for order and public tranquillity ; the command the assistance of all the civil and liberty of worship guaranteed; property rendered military authorities; to suspend those whose Chap. I. sacred and inviolable ; ministers responsible and conduct had been faulty, and appoint provisional liable to be accused and prosecuted by the repre successors; to set at liberty all persons under
1814, sentatives of the nation; that the judges shall be arbitrary arrests; to put a stop to all prosecutions irremovable, and the judicial power independentand punishments consequent upon military conno one being subject to be withdrawn from his scription; and to suspend all requisitions, Ievies, proper judges; that the public debt shall be works, &c. ordered by the late government, on guaranteed; the pensions, ranks, and military account of the war. honors preserved, as well of the ancient as of In the mean time, every day was distin. the new nobility; the legion of honor main- guished by the accession of different French tained, of which the king shall determine the marshals, generals, and of various public bodies, decoration; that all Frenchmen shall be admissi. to the new order of things. Indeed, a degree of ble to civil and military employments, and that unanimity appeared to pervade the whole nation. to individual shall be disturbed on account of On the 19th Marshals Berthier, Moncey, Mortier, his opinions or votes, and that the sale of the Ney, Oudinot, Marmont, Macdonald, Kellerman, national property shall be irrevocable. Such, Lefebvre, Perignon, and Serrurier, Generals Dugentlemen, appear to me the bases which are
pont, Dessolles, Nausouty, Le Grand, and Delaunecessary and essential for consecrating all rights, loy, had the honor to dine with Monsieur at the tracing all duties, assuring all existing things, and
Thuilleries. guaranteeing our future condition.”
The resolution of placing Louis XVIII. on After this speech Monsieur added,
the throne of his ancestors has been ascribed, hy “ I thank you, in the name of the king my
the best informed, to Talleyrand. This able brother, for the part which you have had in the politician, whose talents had made him necessary restoration of our legitimate sovereign, and for to Bonaparte, found no difficulty in transferring having thereby secured the happiness of France, his allegiance from one who had slighted bis for which the king and all his family are ready to counsels, and had brought on his own ruin, to a sacrifice their blood. There can no longer be sovereign who would be indebted to him for his among us but one sentiment; the past is no crown, and probably give him his entire confidence. longer to-be recollected. We must henceforth Before the allies entered Paris, the Bourbons form only a people of brothers. During the were unknown or forgotten by the mass of the period in which power shall be placed in my nation, and the allied powers had hitherto cautiously hands, a period which I hope will be very short, avoided any open indications of intending to I shall exert all my endeavours to promote the adopt their cause. The declaration in their public good.”
favor at Bourdeaux was the work of a few : in One of the members of the senate having Paris they had no party except some emigrants exelaimed, " This is a real son of Henry IV.” who had been permitted to return; and, it is said,
“ His blood, indeed, flows in my veins," replied that the Emperor of Russia, on his entrance into Monsieur; “ I wish to have his talents, but I am Paris, was undetermined how to act in this point. certain I possess bis heart and his love for the On the 23d, Monsieur ratified, with the allied French."
powers, a convention for the suspension of all After the senate and legislative body had been hostilities. In the preamble it is said, that "the presented to Monsieur, he appointed dine persons allied powers, united in the determination to put to be the provisional council of state, the Prince a period to the calamities of Europe, and to found of Benevento standing first. The Marshals its repose on a just distribution of power among Moncey and Oudinot were of the number. The the states which coinpose it, wishing to give to Duke of Berri, son of Monsieur, made bis France, replaced under a government whose entrance into Paris on the 21st. On the next principles offer the necessary securities for the day Monsieur issued a decree, by virtue of which maintainance of peace, proofs of their desire to an extraordinary commission of the king was resume amicable relations with her; wishing also deputed to each of the military divisions of the to cause France to enjoy, as much as possible, kingdom, for the purpose of disseminating an the benefits of peace, even before all the terms exact knowledge of the events which had pro- thereof have been settled, have resolved to produced the restoration of the legitimate sovereigns ceed conjointly with his royal highness Monsieur, of France; of insuring the execution of all the lieutenant-general of the kingdom of France, to acts of the provisional government; of taking the a suspension of hostilities between their respective requisite measures for facilitating the establish- forces, and to a re-establishment of the ancient ment of the government, and of collecting infor- relations of mutual friendship. The following mation relative to all branches of the public are the articles :
Art. I. “ All bostilities by land and sea are troops, forming part of the army of Italy, or oc
and remain suspended between the allied powers cupying the strong places in that country, or on Chap. I. and France, namely :-For the land-forces, as the Mediterranean, shall be immediately recalled 1814.
soon as the generals commanding the French by his royal highness.
V." The fleets and vessels of France shall rethose occupied by French troops, shall have main in their respective situations, with the exmade the same submission.
ception of the departure of ships charged with II. “ To certify the re-establishment of amicable missions; but the immediate effect of the present relations between the allied powers and France, act, in regard to French ports, shali be the raising and to enable the latter to enjoy as much as pos of all blockade by land or sea, the liberty of fishsible beforehand the advantages of peace, the ery, that of the coasting trade, particularly that allied powers shall cause their armies to evacuate which is requisite for the supply of Paris, and the the French territory, such as it was on the 1st of restoration of commercial relations, conformably January, 1792, in proportion as the places beyond to the internal regulations of every country; and those limits, still occupied by French troops, shall the immediate effect in respect to the interior shall be evacuated and given up to the allies.
be the free supply of towns, and the free passage III.“ The lieutenant-general of the kingdom of of military or commercial transports. France shall in consequence give orders to the VI.“ To prevent all subject of complaint, and of commandants of those fortresses to deliver them dispute, which might arise in consequence of cap up within the following periods, viz. the places tures made at sea, after the signature of the presituated on the Rhine, not comprehended within sept convention, it is reciprocally agreed, that ships the limits of France, on the 1st of January, 1792, and merchandize which may be taken on the and those between the Rhine and the same limits, coast of the channel and in the North Sea, twelvein the space of ten days, dating from the signature days after the exchange of the ratifications of the of the present act; the fortresses in Piedmont present act, shall be mutually restored ; that the add the other parts of Italy which belonged to period shall be a month, from the Channel and France, in the space of fifteen days, those of the North Sea to the Canaries and the Equator ; Spain within twenty days: and all other places, and, in fine, five months in all other parts of the without exception, which are occupied by French globe, without exception, or any other distinction troops, in such way that their complete surrender of time or place. shall be effected by the 1st of next June. The VII. “ On both sides all prisoners, officers and garrisons of the fortresses shall march out with soldiers, by land and sea, of whatever nature they arms and baggage, and the soldiers and agents of may be, and especially the hostages, shall be imall rauks shall retain their private property. mediately sent back to their respective countries, They may carry with them field-artillery, in the without ransom or exchange. proportion of three pieces for every thousand men, VIII. “ The administration of the departments, sick and wounded included.
and of the towns at present oceupied by the forces Every thing belonging to the fortresses, not of the co-belligerenis, shall, immediately after the private property, shall be delivered up entire to signature of the present act, be given up to magis. the allies, without a single article being carried trates appointed by his royal highness the lieu-off. In these articles are included not only the tenant-general of the kingdom. The royal audepôts of artillery and ammunition, but all other thorities shall provide for the subsistence and stores of every kind, together with archives, in wants of the troops, till the moment when they ventories, plans, charts, &c.
shall have evacuated the French territory; the "Iminediately after the signature of the present allied powers wishing, as an effect of their friendcouvention, commissaries of the allied powers and ship for France, to cause inilitary requisitions to of France shall be sent to the fortresses, to ascer cease as soon as the giving up of the towns, &c. tos tain the state in which they are, and to regulate legitimate power should have been carried into in commion the execution of this article.
effect. “The garrisons shall have routes assigned them "Every thing that concerns the execution of this in different lines, as shall be agreed upon, for their artiele shall be regulated by a particular convenreturn to France.
tion. “The blockade of fortresses in France shall be IX. “ An understanding shall be come to, in forthwith raised by the allied armies, The French terms of Art, II, with regard to the routes which