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1802.

BOOK V. comprised Schweitz, Uri, and Underwald. But the diet of Berne, to whom they communicated CHAP. XI. their design, replied by notifying to them," that the necessary orders had already been given to triumph over all resistance." And a proclamation was at the same time published by the executive government, containing the following terrific menace: "Cast your eyes on your devastated vallies. Behold the smoaking ruins of your habitations reduced to ashes. This was the work of the unworthy leader, to whose guidance you abandoned yourselves. The torch of discord which they are now labouring to kindle, glares on your destruction."

Transported with indignation, the citizens of the three cantons conjured M. Reding, in this extremity, again to place himself at their head, and with them defend the sacred territory of Helvetia. At the call of his country, this hero and patriot once more unsheathed his sword. The first act of the confederation of Waldstætten, now, after an interval of 500 years revived, was to promulgate a declaration addressed to the rest of Switzerland, in mild, and even pathetic terms. "We do not," said they, "separate because we are inimical or ill-disposed. We will even again unite with any central government that will recognize and guarantee our rights and our liberty; that will put an end to our fears for our holy religion; that will recognize the incontestable right of each cantou to have within itself whatever government it may think proper. We will not oppress any one; we will neither attack the rights of others, nor poison their happiness. Be just and equitable then. Friends, neighbours, brothers, and confederates, consider our resolution in its true point of view, and you will agree that we have only acted in obedience to the most urgent necessity, and the most sacred of rights." The insurgents also wrote a letter to M. Talleyrand, stating their grievances, and respectfully soliciting the benevolence and powerful mediation of the first consul.

On the earliest intelligence of the measures resolved on by the three confederate cantons, the troops of the general government were put in motion; and, on the other hand, no sooner was it ascertained that those troops had marched from Berne, than the contiguous cantons of Zug, Glaris, Appenzell, and even the Grisons, sent deputies to Schweitz, to renew the ancient Helvetic oath, to perish all for one and one for all.

Scarcely had the vanguard of the regular troops set foot on the territory of the Waldstætten, than it was attacked and cut to pieces by the militia of Underwald. This was the signal of an almost universal insurrection. It was Zurich that first dared to shut her gates to the army of the government, which thereupon gave orders for the bombardment of that beautiful and populous

city. But this barbarity served only to heighten the general rage and resentment. Receiving daily accessions of force, the insurgents subduing all opposition on the part of the government, entered Zurich in triumph about the middle of September, and immediately marched to Berne under the conduct of Aloys Reding, the acknowledged chief of the insurrection, and whose talents, both military and civil, more and more displayed themselves as occasions successively arose. Though apparently secure in a city surrounded with entrenchments and strongly garrisoned, the new landamman Dolder, with his colleagues in office, surrendered at the first summons, on the sole condition of a safeguard for themselves and the garrison to Fribourg, which place was likewise found in a short time untenable, and the troops of the Helvetic government, shattered by repeated attacks, at length took refuge in the Pays-de-Vaud, the only district where they still preserved a party.

In these circumstances, the principal members and adherents of the new constitution, now reassembled at Lausanne, had no other resource than to invoke as suppliants rather than as friends or allies, the powerful assistance of France. On the other hand, the leaders of the insurgents established without delay a provisional government, and deputed a confidential person to Paris, who arrived in that city on the 28th of September, for the purpose of engaging the first consul to suffer the people of Switzerland to settle their affairs among themselves. At the same time they issued a proclamation, leaving the inhabitants of the several cantons at liberty to choose and regulate their local governments, and recommending a liberal and rational plan for the regulation of the Helvetic confederacy. The general diet also convened at this period by the patriots at Schweitz in a declaration dated September 30, professed in terms of good sense and moderation, "that, far from wishing completely to re-estab lish the ancient order of things, the most careful attention would be employed as well in the establishment of the general constitution as in the formation of particular institutions; and care would be taken neither to lose sight of the changes which had occurred in the nature of things, nor of the sentiments which these changes had given birth to." And in a short time the plan of a new federal constitution was agreed upon, which appeared perfectly conformable to the previous professions of this assembly.

The agent of the insurgents at Paris had instructions to address himself to the ministers residing there, of the principal powers of Europe, and to solicit their interference and assistance in the objects of his mission. At first he flattered himself, from the result of an interview with M. Talleyrand, that the first consul would put no

obstacle in the way of any arrangement which the Swiss might agree upon among themselves. His surprise was therefore great when a proclamation issued the next day from St. Cloud, by the first consul, addressed to the inhabitants of Helvetia, in which he declared, "that it had been determined by him not to interfere farther in their affairs, but as he neither could nor ought to remain insensible to the misery of which they were the victims, he recalled his determination." "I will," added he, "be the mediator of your differences; but my mediation shall be efficacious, such as befits the great people in whose name I speak." The first consul then commanded all hostilities to cease, and required the senate and each canton to send deputies to Paris, to consult with him upon the means of restoring union and tranquillity, and conciliating all parties. The confidential agent of the Swiss patriots, who had no objection to the interference of France in their own favor, but who now justly apprehended that it might be employed in behalf of the government over which they had obtained so complete a triumph, wrote in urgent terms to the Russian, Prussian, and Austrian ambassadors at Paris, soliciting them jointly to intercede with the first consul, in order to avert the impending evil; but not one of these ministers would design to admit him to an audience. From the English resident, Mr. Merry, he met, however, with a much more favorable reception. To this gentleman he stated, that he was not only as yet without a reply from any quarter, but had reason to fear that his prayers would not be listened to by the Austrian, Russian, and Prussian ministers. He therefore conjured the resident to transmit them to his Britannic majesty's government, "from whom alone his countrymen could have a hope of deriving any assistance in the terrible conflict which he knew they were determined to stand, and which would only cease by the extermination of every virtuous and brave man in the country." The agent then put into the hands of Mr. Merry a note, specifying the various grievances under which the confederated cantons suffered from "that colossal power, which was now," according to this representation, "about to overwhelm them." And imploring the aid and protection of Great Britain, he concluded with saying "We have only men left us; the revolution, and spoliations without end, have exhausted our means-we are without arms, without ammunition, without stores, and without money to purchase them."

In consequence of the communication thus made to the English government, Lord Hawkesbury in a note to M. Otto, dated October 10, expressed in very proper language the sentiments of deep regret which had been excited in his majesty's mind by the address of the first consul

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to the Helvetic people. "His majesty," said BOOK V. this minister, "most sincerely laments the convulsions to which the Swiss cantons have for CHAP. XI. some time past been exposed: but he can consider their late exertions in no other light than as the lawful efforts of a brave and generous people to recover their antient laws and government, and to procure the re-establishment of a system, which experience has demonstrated not only to be favorable to the maintenauce of their domestic happiness, but to be perfectly consistent with the tranquillity and security of other powers. With whatever regret his majesty may have perused the late proclamation of the French government, he is yet unwilling to believe that they will farther attempt to control that independent nation in the exercise of their undoubted rights."

Mr. Moore, a respectable and intelligent gentleman, was sent by the English government to Switzerland, in order to establish a communication with the chiefs of the insurrection; and he was instructed to state to them, "that his majesty entertained hopes that his representation to the French government might have the effect of inducing the first consul to abandon his intention of compelling the Swiss nation, by force, to renounce that system of government under which they had so long prospered, and to which they appeared to be almost unanimously anxious to return. In this event his majesty would feel himself bound to abstain from all interference on his part; it being his earnest desire that the Swiss nation should be left at liberty to regulate their own internal concerùs without the inter

position of any foreign power. If, however, contrary to his majesty's expectations, the French government should persist in the system of coercion announced in the proclamation of the first consul, Mr. Moore was directed to inform himself of the dispositions of the people at large, and also their means of defence; and if they were finally resolved at all hazards to resist the threatened attempt, then he was to communicate to the Swiss government in confidence, that either in the event of a French army having entered the country, or advancing for that purpose, his majesty would accede to their application for pecuniary succours."

On the 3d of October, General Rapp delivered the mandate of the first consul to the exiled senate, at Lausanne; which body expressed, by acclamation, its most lively gratitude for the consular interposition; and on the 6th the patriots of Berne were officially apprised of this proceeding. After a short consultation, they determined to refer the whole to the decision of the diet actually convened at Schweitz. But this assembly justly deemed it inexpedient to attempt any other means of opposition than remonstrances. These were comprised in an official appeal to the

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BOOK V. first consul (dated October 8th), representing the movements which had taken place in Switzerland, CHAP. XI. as resulting not from the spirit of party, but from a general sense of the rights and necessities of the Swiss nation-that, far from aiming at any violent innovation, the universal wish was peace, and a mild and equal government; and that hey had no doubt of arriving at that essential object of social order, the moment their will and their efforts should cease to be fettered. "General first cousul," said they, "all Europe admires in you the supreme head of an immense power and empire, which, without doubt, according to your own views, will be directed to the good of humanity. Your magnanimity assures us, that you will not make use of it against a people who only desire what you have made them hope; and who only wish what they believe themselves authorised by yourself to do." Such was the expiring effort of the Swiss patriots, who had made repeated and unavailing applications to the court of Vienna, which refused even to hold any correspondence with them.

On the 12th of October, the council of war also issued a declaration from Basle, expressly disclaiming any intention of resistance." Brothers, friends, confederates! Who among us could conceive the thought of measuring ourselves with the numerous and experienced armies of France? No, friends, no: we wish to await peaceably the determination of the first consul. Relying on our conduct, we dare to hope that the first consul of France, who has guaranteed our independence, and who has been deceived by false reports, will, as soon as he shall have been informed of the true state of things, take measures which will secure our honor, and the prosperity and independence of our country.' The troops of the insurgents were, conformably to this statement, in a short time disbanded; and on the 17th of October the senate resumed the possession of Berne.

The diet at Schweitz, more and more sensible how utterly unavailing it were to oppose force to force, declared (October 26) to General Ney, commander of the French army, amounting to 30,000 men, through the medium of Aloys Reding, their president, "that they had taken the "that they had taken the resolution of delivering up their powers into the hands of their constituents as soon as the French troops should enter Switzerland, having never entertained the design of opposing them by force of arms. Now that the diet is positively informed that the cities of Basle and Berne are occupied by French troops, it no longer delays to dissolve itself; and at the same time they seize this opportunity of declaring to the general, that, agreeably to the instructions they have received from their constituents, which they consider themselves obliged to conform to, they cannot

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regard the Helvetic government as established, nor alienate the sacred right which their nation possesses, of forming a constitution for itselfa right which they inherited from their ancestors, and which was confirmed to them by the treaty of Luneville."

Two days after this declaration, the diet of Schweitz dissolved itself, conformably to the intimation thus given.

On the 31st of October, Mr. Moore wrote to Lord Hawkesbury, from the city of Constance, that he had just received authentic intelligence of the submission of the diet of Switzerland assembled at Schweitz. In consequence of this information, permission was given to the English agent, who came just in time to witness the termination of the business, "to return to England as soon as it might suit his convenience."

In the midst of these transactions, the French minister of foreign affairs addressed (Oct. 15.) a letter to M. de Cetto, resident on the part of the Elector of Bavaria at Paris, containing a plausible apology for the conduct of the first consul respecting Switzerland, and stating some material facts tending to his vindication. He asserted, "that it was not till blood had flowed, and Helvetia menaced with a general destruction, that the first consul had interposed his mediation. The continental powers adjoining Helvetia have not contemplated without apprehensions the external effects of a disorder, the focus of which was established in that country. In this state of affairs, humanity-the interest of France and of Europe-demanded that the first consul should desist from the determination he had made, not to interfere in the affairs of Switzerland. He has not, however, for one moment ceased to consider, that the most perfect independence ought to be the basis of her constitution. The right of establishing her own organization acquired by Helvetia, was one of the glorious results of the war which France had sustained against the most powerful armies of Europe, and of the treaties which had terminated it." Speaking of the "turbulent emigrants," by whose intrigues he insinuated that the late troubles had arisen, he said, "One might conceive that it will be those persons who will endeavour to spread the belief, that the Helvetic republic might be led by a spirit of imitation to establish with the first consul the relations which united him to the Italian republic; but this idea was as far from the expectation of the first consul, as it was opposite to all his determinations; and his formal intention was not to concur in the organization of Switzerland, but for the purpose of insuring to her an absolute. independence.

This was certainly professing a great deal too much. The "absolute independence of Switzerland" was not, and could not be, agreeable

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to the views of the first consul. In the proclamation of the senate and executive council, issued subsequent to their return to Berne (dated November 13th), after adverting to "the various accusations which a factious hatred had organised against them, they declared, in the face of these accusations, that not one family would be mentioned of whose ruin they had been the causeONE individual in whose person the right of citizen had been violated. It was, on the contrary, for having been too indulgent, too confident in the justice of their fellow-citizens; in one word, too little severe; that they had sustained these reverses. The insurrectional authorities ordered, in the course of four weeks, ten times more arrests, odious inquiries, and measures of rigour of all kinds, than they ordered in the course of their existence."

The constitution of 1802 was nevertheless manifestly not adapted to the genius of the Swiss nation. The small democratic cantons, the most warlike and the most active of the confederacy, were so passionately attached to their own forms of government, that no persuasion, no intimidation, no force, could long induce a submission to any other. Of this great truth the first consul appeared to have been, by experience, and the evidence of facts, at length, fully convinced. On the 10th of the following month (December, 1802), the deputies, fifty-six in number, from the eighteen cantons, constituting the consulta, being assembled at Paris, a letter was addressed to them from the first consul, declaring, "that he would fulfil the obligation he had contracted to re-establish tranquillity in Switzerland-and he relied upon the support of the Helvetic deputies. The three important points to be enforced and established at the present moment, were, first, Equality of rights between all the cantonssecondly, Complete renunciation of all family rights, and---thirdly, A federative organization for each canton. He told them, in plain terms, that the French and Italian republics can never suffer the establishment of a government in Switzerland which should be mediately or immediately opposite to the interests of France; that it was the duty of the French government to take care that no hostile system be formed in Switzerland, that open frontier of France. And in regard to the final settlement of disputes between themselves, he gave it as his opinion that no party ought to be triumphant."

On the 12th a deputation from the cousulta were admitted to a personal audience of the first consul, at St. Cloud; and in the course of the conference, as reported by the deputation, he explained his intentions very fully and satisfactorily on the subject. "The more I learn," said the first consul, "of your country, the more I am convinced that it cannot with advantage have

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more than a single government;" but he admitted BOOK V. that "this government must be a federative one. By the representative system the democratic can- CHAP. XL tons would be subjected to the necessity of payments to which they were unaccustomed. The descendants of William Tell must know neither the restraint of chains, nor the payment of imposts. But, on the other hand, for Berne, and the other great cantons, the attempt at pure democracy were absurd. Your different cantons must of necessity have diversities of constitutional arrangement. With three leading exceptions, you must be re-established nearly in the same political order as before. The inequality of rights which subsisted among the old cantons---the relations between sovereign and subject states--with the prerogatives of the patrician families, must be abolished for ever. Under these corrections of the constitutions of the cantons, Switzerland may possess a federative government of effective vigour. Between two powers, in respect to which there is a balance of force and influence, you are safe. Preserve your neutrality, your laws, your political tranquillity, your good morals, and your fortune cannot but be happy. Confederative government enfeebles great states, but by concentrating, invigorates the energies of those which are small. Of your last constitution I cannot approve. A central government cannot be maintained among you without the presence of French troops. Your present government knows this by experience. Its members spoke the voice of patriotism, in consenting that the French troops should be withdrawn; but their prudence in that consent was not justified by the events which followed.”

This discourse, so consolatory to the members of the consulta, and to all Switzerland, did not evaporate in mere words. In a few weeks the final act of mediation was promulgated by the first consul, founded entirely upon the principles inculcated in his speech.

Conformably to this mediatorial decree, the cantons were divided into three classes-the democratic, the aristocratic, and the new or additional cantons, viz. Argovia, the Leman, or Pays de Vaud, Turgovia, St. Gall, and the Tesin: in the latter of which classes the representative system was for the first time introduced into the cantonal governments. The two former classes were re-established with the excellent and salutary modifications suggested by the first consul, and which the diet of Schweitz also had, or professed to have, in contemplation. The diet was to assemble every year in turn, in one of the six great towns, Berne, Soleure, Basle, Zurich, Lucerne, and Fribourg. The canton in which it held its sitting was to be the directorial canton. The avoyer of this canton was to be the landamman of Switzerland. He was to have the charge of

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BOOK V. all diplomatic negotiations-he was to watch over all the laws and ordinances of the diet, and CHAP. XI. also those of the particular constitutions. The diet was to be composed of a deputy from each canton, who was to have full powers, limited only by his instructions. The deputies from the nineteen cantons, including the Grisons, to have thirty-five voices. The cantons of Berne, of Zurich, of Vaud, Argovia, St. Gall, and the Grisons, to have three voices each; those of Fribourg, Turgovia, Lucerne, and Tesin, two each; the others, one. The diet was to assemble every year on the 1st of June; it was to continue its sittings but one month: in that time it might conclude treaties of peace, of alliance, and of commerce, with foreign powers. On comparison, this plan of government will be found extremely analogous to that recently promulgated by the patriotic diet of Schweitz.

Owing to the steps taken by the English government, the first consul was induced to make these unexpected concessions, though mingled emotions of spleen and resentment pervaded his breast in consequence of this interference. Aloys Reding was elected landamman of the canton of Schweitz, the general assembly, or landsgeimen of which, in a public letter, dated April 14, 1803, returned their grateful acknowledgments to the first consul, for "his act of mediation, which had restored to them," as they said, "their ancient constitution."

A treaty of peace, commerce, and alliance, was in the course of the summer concluded at Paris, between the first consul and the Sublime Porte, by which the free navigation of the Black Sea was permitted to the French flag, and all other advantages conferred, which were granted by the Turkish government to the most favored nations; but no stipulation was inserted by which the privileges conceded to the English were in any degree affected. On the other hand, the French government guaranteed to the Ottoman Porte the integrity of all its possessions.

Soon after the conclusion of this treaty, the first consul sent a powerful squadron to the coast of Barbary, which, casting anchor before the city

of Algiers, compelled the dey, whose subjects had been guilty of many depredations upon the French commerce, to sign a convention in the highest degree honorable to the Gallic flag, and even to that of the Italian republic. In a letter written by the dey to the first consul, he said, "You require me to enter into terms of amity with the Italian republic. At your request I shall respect its flag equally as your own. To the same request from any other person, I would not for a million of piastres have agreed. You have refused the 200,000 piastres which I asked in compensation for the losses I had sustained on your account. Whether you give or withhold them, we shall equally remain in friendship. Your people are at liberty to come to the coral fishery as soon as they please, Your African company shall enjoy its old privileges. Should any future difference arise, write to me directly, and it shall be settled to your wishes. May God preserve you in health and glory!"

The business of Switzerland being at length disposed of, a fair prospect seemed once more to open, of establishing what should at least bear some faint semblance of amity between the two proud and jealous governments of Great Britain and France: and in the month of November, General Andreossi, who had long been nominated, on the part of the first consul, as ambassador to England, arrived in London, as Lord Whitworth did nearly at the same time on that of his Britannic majesty at Paris.

Thus terminated, for a short time, a long and interesting contest; and it is remarkable, that not one of the great objects, originally aimed at by any of the belligerent powers, was obtained by this appeal to arms. The pride of Bonaparte was indeed gratified, for Great Britain had now acknowledged his sway.

During this summer, Paris was visited by a great number of Englishmen of rank and distinc tion; among the rest by Mr. Fox, who was received by M. Bonaparte, and indeed by the whole French nation, with the highest marks of respect and honor.

CHAPTER XII.

French Affairs.-Legion of Honor instituted.—Joseph Bonaparte elected Grand Officer.-New Constitution of France.-Bonaparte offended with the Liberty of the Press-Letter in the Moniteur on the Subject.

BONAPARTE, not satisfied with the sovereignty which the French nation had formally invested him with, under the name of first consul for life,

resolved to secure his recent acquirement by a kind of order of nobility, which should support his despotism; and a new constitution which

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