a great number of prifoners were immediately fet free. A thocking monopoly of fupplies to prifoners was overthrown; and great attention was fhewn in every refpect to their comfort. It was difcovered that the hardened prifoners feverely lorded it over the new comers. This tyranny was checked and fubverted; and equality, with the concomitant degree of liberty which this, in every fituation implies, reftored to thofe abodes of defolation. A number of journalists and printers, that had been exiled by the directory, were recalled: but, on the other hand, an immenfe number of journals was fuppreffed, and out of near forty only twelve permitted to be publifhed; of thefe not a few foon affumed a tone of very free animadverfions and cenfure, and became, what we would call oppofition papers. The tolerance of thefe was undoubtedly a proof that the new government was neither very weak nor very tyrannical. Not lefs than fifty newfpapers, before this purgation, have been in courfe of publication, in Paris, at one time: many dying daily, and being replaced by others, which expired in their turn, often neglected and unknown. Some of them were morning, others evening, papers. They were for the moft part badly printed, both in refpect of type and paper. The price was two fous: fomething lefs than twopence fterling, of which the hawker was allowed one-third for his profit. Every parifian had his favourite print, which, becaufe it fpoke his fentiments and withes, became his oracle. Few of them, we believe, befides the Mercure François, exified before the revolution! They furnished a theatre on which the different parties engaged

one another, and on which champions did not fail to appear on the part of government.

Yet it would be wrong to fuppofe that the confuls were fond of newpaper and vulgar praife: although it would have been imprudent to have wholly defpifed the daily and other journals, and neglected them. They appear to have been as much afraid of indifcreet and paffionate praife, as of cenfure and abufe. The following admonition, which was publifhed, November 17, from the minifter of general police to the theatres, claims notice and applaufe: In the fucceflion of parties which have by turns difpofed of the fupreme power, the theatre has often refounded with unprovoked infults on the conquered, and bafe flattery towards the conquerors. The prefent government abjures and difdains the refources of faction. It withes for nothing from thefe. It will do every thing for the republic. Let the fentiments of concerd, the maxims of moderation and wifdom, and the language of great and general paf fions be alone dedicated to the ftage. Let nothing that may divide the minds of men, foment their hatred, and prolong melancholy recollections, be tolerated there. Let him be punished who would provoke re-action, or dare to give the fignal. For re-actions are the fruit of injuftice and feebleness in government. They can no longer live among us, fince we have a ftrong, or what is the fame, a juft government."

A report of the minifter of police ftated that the police, as it was conftituted in the third year, neither guaranteed the fafety of person or property; its whole fyftem, it ftated, was deftitute of unity, con

nection,

which refpected the foreign relations of the republic.

In the beginning of December, a board of admiralty was inftituted, with the intention of promoting order, economy, energy, and that promptitude and fecrecy which naval defigns and operations fo often require, and which can be enfured only by unity of affent and action. It was intended for the purpose of gving the fupreme maritime authority that preponderance and dignity requifite for exciting emulation, and reftoring the marine to its former luftre and glory. The commiffioners to whom the firft conful gave it in charge to inquire into, and propofe the best means for anfwering the ends propofed by that establishment, were inftructed to investigate the inftitutions of the English marine, and the naval adminiftrations

of other countries.

The commerce of France, during 1799, was reduced, as it had been for feveral years before, to a mere piratical trade, which had its advantages and difadvantages; but of which the difadvantages greatly preponderated. As this is a matter of the highest importance in the prefent period of extended intercourfe, when all nations are, more or lefs, united by the golden chain of commerce, and the reciprocity of their interefis, becomes every year and day more and more apparent, it may not be improper to beftow upon it more attention than is permitted by our plan to the temporary intrigues and expedients of politicians, which, though they may perhaps be more amuting, afford lefs ground for ufeful inference and infruction.

The first act of French jurifprudence, refpecting corfairs or priva

fourteenth century. From that pe riod, down to the middle of the feventeenth, this branch of maritime legiflation, in every country in Europe, was involved in a chaos of obfcurity, confufion, and contradiction. At laft, by certain articles in the treaty of the Pyrenees, it was eftablished, that merchandise of any kind, found on board an enemy's fhip, and to whomfoever belonging, might be confifcated: at the fame time, the goods even of enemies, not contraband, were to be safe to their owners, when carried in neutral veffels. This twofold principle, that, on the one hand, an enemy's flag condemns all that it covers, and, on the other, that neutral or free fhips make free goods, was fuperfeded, in fome degree, by an ordinance of the French king and parliament of 1681, by which it was declared, that all hips carrying any merchandife of an enemy, as well as any merchandife found on board an enemy, fhould be equally con fidered as lawful prizes. A regulation of 1744 went ftill farther. It confifcated not only the fabrics or manufactures of an enemy, but whatever was of the phyfical produce of his country, whether raw materials, or thofe wrought into any fpecies of manufacture.

It is, however, to be obferved, that, as the French government was obliged to apply, as well as to make the law, it was judged good policy to make the law very fevere, that it might admit, without any injury to the fiate, of modification in practice. Accordingly we find, that, in all wars before the prefent, in every inftance in which a vigorous application of the maritime law might be inconfiftent with the interefts of the

flate,

ftate, the French government never failed, either by a declaration in the name of the king, or fimply by a minifterial letter, to prescribe the ifion that was to be given, or even, in certain cafes, to modify the decifions already made.

The French government was induced to obferve more than ufual management and refpect, in their treatment of neutral veffels, by their new connection of friends and allies, with the revolted British colonies in America, in 1778: because every thing that fhould be done in favour of neutral fhips, and of the free and unmolested navigation of the feas, would be, in fact, a blow ftruck against England. No fooner was the famous treaty for an armed neutrality ratified by the northern powers, than the French government, in order to give an emphatic proof of its regard to neutral veffels, and the freedom of navigation, acceded to the principle and fpirit of that theory, and invited the Spaniards to do the fame. All French privateers were ordered to pay respect to neutral flags; and the councils for maritime affairs, or, as an Englifhman would fay, the courts of admiralty, received orders to act in conformity with this new ordie

nance.

The national convention, in 1793, finding itself in the full poffeffion of all political powers, granted letters of marque, with orders that the laws concerning prizes fhould remain on the old footing: on which, as already oblerved, the executive government took upon itself to interpret or modify the maritime law, according to circumstances. But, as any arbitrary interpretation or modification of laws is utterly in

compatible with a free government, it appeared indifpenfably neceflary to the national aflembly, after the executive committee and the committee of public fafety, which had for fome time taken the management of the prize bufinefs, was (on account of their tyranny) fuppreffed, to refer this bufinefs, by a decree of November, 1796, to the ordinary tribunals; and now it was that the French privateers fell with little ceremony or diftinction on neutral veffels, as well as on thofe of encmies. To former regulations new laws were added, of a nature to confirm an opinion, already very prevalent, that privateering could not be too much extended or encouraged.

The French directory, in 1799, confidered this piratical fyftem, both as it related to the internal profperity of the kingdom, and as it might affect its credit, refpeciability, and general interefts in its various connections with other nations..

In the moft flourishing period of the French marine, the number offcamen, as appeared by the public enrolment of their names, amounted to eighty thoufand. They were now reduced to half that number. It was the common fate of privateers to fall, fooner or later, into the hands of the English. But, even when faccefsful, they were obliged to put their beft hands into the prizes which they took; and, when thefe prizes were retaken, as often happened, both men and fhips were loft to the republic. The business of privateering appeared to have abforbed the whole naval energy of the ftate. The arfenals and dockyards were deferted. Ships of war could not be manned, for want of feamen. In proportion as priva[E3]

teers

teers increased, the navy of France was diminished and weakened. In the mean time neutral fhips were frightened from the French ports and coafts. The ufual outlets were wanting for the productions of the foil and other commodities. The violent bufinefs of piracy might flourifh in five or fix places, but the republic, on the whole, deprived of the general influence of peaceable commerce, paid two prices for all colonial productions, while the productions of France were funk in their value, by the want of means of exportation. Even fhips laden with naval ftores for the French government were often taken by French privateers, fometimes condemned, and never recovered easily. It appeared, on the whole, to the directory, that, as neither the number or qualifications of the feamen to be found bore any proportion to the exigencies of the navy, every privateer was a blow ftruck at the marine of the republic. That, as neither could the French navy be furnished with provifions or flores, nor the colonies be fupplied with neceffaries, nor the produce of France exported without the aid of neutral veffels, the French had weakened themfelves with their own hands. With regard to foreign powers, the refult of the French fyftem of maritime affairs was, from its juftice and moderation during the first years of the prefent war, greatly to their credit; and this was enhanced by the piracies of the English. It was against the English alone that neutral powers armed and fent convoys with their fhips, and this very much at the inftigation of the French government; which, in its negociations with maritime powers, fignified that it

was not their plan to make peace with England on any other terms than thofe of their fubfcribing fuch a fundamental code of maritime laws, as fhould for ever fecure the rights of neutrality to pacific nations.

Thefe declarations, however, which were confirmed by the whole conduct of the directory, did not, as they expected, rally all maritime powers around the republic, for maintaining the freedom of the ocean. The northern powers appeared cold and felfish in all their intercourfes with the republic, and made but a very feeble refiftance to the continued violation of their neu trality on the part of the English.

The French government and nation having equal caufe of complaint against the piracies of the English, and the torpid fubmiffion of the neutral maritime powers, judged it neceflary to depart, for a time, from the liberal maxims which they wished univerfally to eftablish. The republic, that it might no longer be the victim of a falfe generofity, announced to the neutral ftates its intention of treating them precifely in the fame manner in which they allowed themselves to be treated by the English. This decree was dated fourteenth of Meflidor (fecond of July,) 1779...

This meafure was followed immediately by the beft effects. The English became more cautious and difcreet in their feizures of neutral hips bound for France. The owners of neutral vessels, feized and detained with their cargoes, obtained readier payment. But, while new encouragement was thus given to privateering, the French government determined not to give up the right formerly exercited by the exe