1802.

BOOK V. France at London. By that treaty, the limits of French Guiana were extended to the Orellana, CHAP. IX. or river of the Amazons; and the free navigation of that mighty stream would, doubtless, in time, have proved of infinite importance to the establishment of the Gallic power in South America. But by the definitive treaty, the first consul consented that the river Arawari, to the north of the Orellana, should constitute the future boundary between the two countries. On the other hand, the cession of the district of Olivenza, contrary to the obvious meaning of that article of the preliminaries which declared," that the territories and possessions of her most faithful majesty should be preserved entire," was confirmed to Spain. The article respecting Malta, framed by the court of London, was guarded by so many minute and studied precautions, as to exhibit, in a striking view, the hostile spirit of distrust and suspicion subsisting in the midst of the reciprocal professions of peace. By the fourth regulation under this article, it was expressly stipulated, "that the forces of his Britannic majesty should evacuate the island and its dependencies within three months from the exchange of the ratifications, or sooner if possible. At that epoch it should be given up to the order in its present state, provided (1st), that the grand-master, or commissaries fully authorised, according to the statutes of the order, should be in the island to take possession; and (2dly), that the force which was to be provided by his Sicilian majesty should have arrived there."

Conformably to this article, regarded both by France and England as one of the most important in the treaty, the absolute surrender of the island to the order of St. John was clearly and unequivocally engaged for by the latter, on the two conditions annexed. But by the sixth regula

tion, it was likewise agreed, that the independence of the isles of Malta, of Gozo, and Comino, as well as the present arrangement, should be placed under the protection and guarantee of France, Great Britain, Austria, Spain, Russia, and Prussia.

In reference to the specific guarantees required on this occasion, it may be remarked, that Spain was manifestly and entirely under the controul of France; that Prussia was a power, which, con, formably to the fixed and obvious rules of her policy, would be anxious to maintain an amicable correspondence with France; that Russia was too potent, and placed at too great a distance from France, to entertain any serious apprehensions from the growth of her power; that Malta was not to her a subject of much interest or importance; and divers of the stipulations relative to the new arrangement, particularly the introducing of a Maltese langue into the order of St. John, were known to be displeasing to her, and contrary to the engagements she had entered into with the knights of that order. Austria was the only power who upon this, and indeed upon all other occasions, could be expected fully and cor dially to enter into the views and interests of Great Britain.

The intelligence of the conclusion of the definitive treaty was, notwithstanding all previons jealousies, received both in France and England with much satisfaction, and celebrated with great rejoicings; the streets of London were uncommonly brilliant; but the thunder and lightning which suddenly happened on this very night, (by the latter of which the illuminations were fre quently eclipsed), marred, in a great measure, the public merriment, and filled the superstitious, who judged it as ominous, with consternation and alarm.

WHEN the negotiations were renewed at Luneville, subsequent to the fatal defeat of Hohenlinden, the first consul insisted that the emperor should treat not only for himself, but for the empire, conformably to the example of the emperor Charles VI, at the treaties of Baden and Rastadt. In vain did the Count Cobentzel urge, that no such powers were granted by the diet in the pre

sent as in the former instances: the chief consul, justly suspicious of the consequences of protraction, absolutely refused to conclude with the emperor in his royal capacity merely; and the treaty was at length signed, without any special authority from the diet of the empire, by Count Cobentzel, according to his instructions from the court of Vienna, as plenipotentiary of his imperial

majesty, in his capacity of emperor as well as king; engaging that it should be ratified by the diet in the space of thirty days. Immediately consequent to this very unusual if not unprecedented exercise of power, the emperor addressed an apologetical letter to the diet, dated February 21, 1801, in which he excused his own conduct in terms the most handsome and respectful to the princes of the empire; stating the urgent necessity of the case," from the consideration of the melancholy situation in which a considerable part of Germany then was; and that of the still more unhappy fate with which the superiority of the French threatened the empire, should peace be longer deferred." The diet, on their part, with cheerfulness and deference acquiesced in these reasonings; expressing "their gratitude to the chief of the empire for the patriotic zeal he had shown in that negociation;" and, not only did that assembly ratify the treaty of Luneville, but, by a subsequent conclusum, dated April 30, they intreated and impowered his imperial majesty "to take upon himself the adjustment of all the objects which by that treaty were reserved for particular arrangement," only communicating the result to the diet in order to its final decision and ratification.

In the month of April, while the question of peace and war between Great Britain and Russia was still doubtful, the new emperor, Alexander, through the medium of his ambassador at Paris, Count Kalitchef, made very pressing instances to the first consul to reinstate the King of Sardinia in the possession of the dominions which he had enjoyed previous to the irruption of the French armies into Italy, conformably to the engagements entered into by France with the late emperor. He even went so far as to declare, that, if this demand was not acceded to, there could be no restoration of harmony between the two countries. And in the beginning of May the ambassador required a specific answer, "whether the French government intended to keep its promise concerning the integrity of the kingdom of the Two Sicilies, and the re-establishment of the King of Sardinia in his dominions?" To this requisition M. Talleyrand replied, in terms civilly evasive, "that the first consul was disposed to do every thing that might be pleasing and agreeable to the court of Russia; and that this end would have been attained sooner, if the negotiations with England, the situation of affairs in Italy and Egypt, and the war with Portugal, had not thrown certain invincible obstacles in the way of the business."

Though there is no reason to doubt the since rity and good-will of the court of Petersburg in relation to the Kings of Sicily and Sardinia, it was an object of far superior importance, in her

1801

estimation, to avoid embroiling herself anew with BOOK V. either of the two great belligerent powers, France or England. On the one hand, therefore, imme- CHAP. X. diately subsequent to the conventional pacification with the latter, the emperor issued au edict, not only commanding the property of the British merchants, which had been sequestrated during the late reign, to be restored, but that, for such effects as had been irretrievably alienated, a full equivalent should be granted to the respective proprietors. And on the other hand, nearly at the same time, a circular letter was transmitted by that court to all its diplomatic ministers and agents, informing them," that negotiations for the purpose of establishing a reconciliation with France were in train," and enjoining them "to testify on all occasions to the ambassadors of the French government, that respect which is usual between the ministers of powers that are in good understanding with each other." Such was the wisdom and moderation by which the counsels of Russia, under the auspices of the present sovereign, were conducted."

The Elector of Cologne (who also held the bishopric of Munster), uncle to the emperor, dying about this time, the King of Prussia signified to the court of Vienna, and likewise to the chapters of Cologne and Munster, "his request that no new election might be proceeded upon; but that, on account of the great existing embarrassment, the archbishopric and bishopric do remain vacant for the present;" adding, that" if such election should nevertheless be proceeded upon, he would be obliged to declare the same null and void.” This was seconded by a declaration of M. Bacher, minister of France at the diet, then sitting at Ratisbou, that the French government would support with all its power the determination of his Prussian majesty; and requiring that all appointments to ecclesiastical dignities and possessions, and especially the election of a new elector of Cologne and bishop of Munster, be deferred till the indemnifications for the hereditary princes: shall be definitively determined."

The emperor, however, prompted rather by pride than policy, encouraged and authorized the two chapters to proceed to the respective elections at the usual time, and in the accustomed form; agreeably to which the Archduke Anthony, a younger brother of the emperor, was chosen to fill the vacant sees.. This event was formally notified by the court of Vienna to that of Berlin ; his Imperial majesty at the same time declaring, that the course of the accomplishing of the indemnities, by means of secularization, would not be altered from personal consideration or secondary views; and that the late election of the archduke would not have the smallest influence on the conduct of the high imperial court; in fine, that

BOOK V. the government of those sees would in the mean time be continued in all respects in the same manCHAP. X. ner as if they were vacant.' 1801.

The good sense and moderation of the King of Prussia induced him to appear satisfied with this explanation; and, in his reply, he applauded the wise resolution of the emperor to postpone the further steps which one or both of the chapters might wish to adopt with respect to the election of the archduke.

The business of the indemnities proceeded very slowly and heavily. About the end of the summer, a conclusum passed the diet, appointing an extraordinary deputation, consisting of eight members, four of the catholic and four of the protestant religion, to "co-operate, on the part of the states of the empire, in the work of peace." And to this deputation were given " full and unlimited powers to examine, treat, and regulate, in concert with the French government, the objects which, by the 5th and 7th articles of the treaty of Luneville, were reserved for a particular arrangement." This conclusum was ratified by the emperor, with strong expressions of commendation the former mode of negotiating, agreeably to the usual forms, experiencing, as he expressed it," powerful and multiplied obstacles :" and his imperial majesty was probably far from being eager to take the entire responsibility of this arrangement upon himhimself. But the negotiation appeared still to languish and a more energetic interposition was too evidently necessary to bring so complex and difficult a business to a final decision.

By the 11th article of the treaty of Luneville, the independence of the Batavian, Helvetic, Cisalpine, and Ligurian republics, was expressly recognised; and the right of the people who inhabit them to adopt what form of government they pleased." With a view to carry into effect this inestimable privilege, a convention of the Helvetic cantons was, in the month of September, held at the city of Berne, to consider of a definitive organization. This assembly, composed of This assembly, composed of very dissonant materials, determined, after vehement debate, upon certain articles, as the basis of a permanent constitution, importing, that the Helvetic republic formed only ONE state-that there was only ONE right of Helvetic citizenship-and no political rights of citizens relative to distinct cantons. The senate possessed, together with the proposal of laws, the direction of the general measures of government by the medium of an executive council; the diet was to assemble ordinarily on the 1st of February every year, and to consist of deputies from all the cantons in proportion to their population.

This plan of government was, however, extremely odious to the lesser or democratic cantous, and the deputies from Uri, Schweitz, and

Underwald, with that distinguished soldier and citizen Aloys Reding at their head, after protesting against the decision of the assembly, suddenly departed for their respective homes. This produced a great sensation, and thirteen other members of the convention formed a schism, and declared, that "the deputies of the three most ancient cantons, the nursery of true Helvetian liberty, having separated, the diet must be considered as imperfect and incompetent."

Their firmness, but still more the influence of public opinion, brought over in a few days a ma jority to the dissidents, who, on the 28th of Oc tober, proceeded without delay to the formation of a central government, composed of a senate and an executive council, from which the most intractable innovators were excluded: a government which recognised and sanctioned the sovereignties of the democratic cantons within their own jurisdictions, and at the head of which Aloys Reding was placed as first landamman of Switzerland.

During the space of two months which succeeded this event, France observed a profound silence respecting it. The ardent mind of Reding, impatient of delay, and disdaining uncer tainty, determined him to resort in person to Paris, in order to demand a categorical answer from the French government as to its final intentions respecting Helvetia. On the arrival of the landamman in that metropolis, he was received by M. Bonaparte with great civility and distinc tion; and, after the first compliments, a letter was delivered by Aloys Reding to the first consul from the three ancient cantons, vindicatory of their conduct. 66 Deprived of all resources," said they," the three cantons of the Helvetic confederacy, Uri, Schweitz, and Underwald, feel too strongly the absolute necessity of a constitution founded on the simplicity and economy of their ancestors, not to signify to you, citizen first consul, the ardent desire which they have of preserving, as much as possible, that which the fathers of liberty have founded, and which during nearly five hundred years has constituted the happiness of their children. Europe knows with what firmness, and with what devotion, out of all proportion to their strength, the descendants of TELL have struggled for its preservation. The diversity of worship, manners, education, customs, wants, and many other circumstances, render a uniformity of administration impossible, and the attempt could not fail totally to destroy us. Citizen first consul, one word from you would render impotent those ambitious individuals, who have influence only in proportion as they impress the idea that they are supported by France. We request this word with confidence, persuaded that it can neither be your intention, nor for the in