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and the repose of Europe. From their first theatre of action they have been dislodged, but the means and the end are the same. In quitting Egypt, they left there the germs of those divisions, which it was their interest to excite. One of the beys they have conducted to Malta, who will be for them a mean of communication, an hostage, and an instrument of cherishing in Egypt a constant spirit of disobedience, of corruption, and of anarchy.

their sovereign, sport with the sufferings of the people, and unconcernedly balance the uncertain hope of aggrandizing themselves, with the certainty of embruing land and seas with blood, and of carrying to the four corners of the globe war, murder, and desolation. Posterity will doubtless detest the memory of these inhuman or unskiltul men, who either will not or cannot govern with out destruction, and whos whole administration presents one unvaried scene of violence, injustice, and rapacity. But contemporary governments should know, that the very character of the age they live in will be tarnished, if, from want of penetration, of courage, and of unanimity, their sentiments are not loudly manifested, if they do not teach the enemies of the human race, that infamy can reach all stations, that dishonour unarms all powers, and that in a social state of society, like that enjoyed by the nations of the nineneeth century, the enlightened opinion of the people, when it seasonably bursts forth, is alone sufficient for their vengeance, can arrest the course of public calamities, and prevent the return of crimes like that which the English government has recently committed, by violating, after ten months of peace, a treaty which the cries and entreaties of Europe, after ten years of disaster, had, with so much difficulty, obtained from its greedy and inhuman ambi

We shall here conclude this long discussion with one important observation. It is a consolatory reflection for Europe, that public opinion, attentive and eager to learn whatever is connected with the happiness of man, and the interests of nations, possesses such a variety of means of arriving at the source of events, and of seizing, in the passions, the character, and the talents of those who govern, the source of those calamities which threaten to lay waste human nature. But these advantages which belong to, and indeed constitute the progress of civilization, will be attended with no useful result, if public opinion, in the midst of crimes of the deepest dye, remains indolent and mute; if she does not intimidate by her sentence, if she does not deter by her censure, those men unworthy or unfit to govern, who, from vain ideas of false pride, or from criminal views of retaining their exalted situations, compromise the discernment and justice of tion.

THE FEDERAL CONSTITUTION OF THE SWISS CANTONS, AS SETTLED BY
THE MEDIATION OF THE FIRST CONSUL OF FRANCE AND
TIES OF THE CANTONS.

Dated Paris, February 19, 1803.

GENERAL DISPOSITIONS.-Art. 1. The 19 cantons of Switzerland, viz. Appenzell, Argovia, Basle, Berne, Fribourg, Glaris, Grisons, Lucerne, St. Gall, Schaffhausen, Schwitz, Soleure, Tessen, Thurgovia, Underweld, Uri, Vaud, Zug, and Zurich, are to be federally united, according to the principles of their respective constitutions. They reciprocally guarantee those constitutions, as well as their territories, liberty, and independence, either with a reference to foreign powers, or the usurpation of any particular canton, or the conduct of factions.-2. The contingencies, either in troops or money, which will be necessary for the due execution of those guarantees, are to be furnished by the respective cantons in the following proportions. -Here follows the quota, &c. which it is proposed each carton sh li furn..]—3. There shall exist no longer in Switzerland provincial subjects, nor any species of privilege, either local, hereditary, personal, or appertaining to families.-4. Every Swiss citizen

THE DEPU

shall have the liberty of removing his residence from one canton to another, and freely to exercise his industry in any. It is permitted him to acquire political right in whatever canton he establishes himself. But he shall not enjoy, at the same time, political rights in more than one canton.-5. The ancient laws of commerce, external or internal, are abolished. The free exchange and circulation of commodities, cattle, merchandizes, &c. are guaranteed. All exclusive commercial privileges are abolished in the interior of Switzerland. The cusioms, &c. payable on the frontiers, shall go to the treasury of the adjoining canton; but the rates and proportions of these shall be submitted for the approbation of the diet.-6. Each canton shall reserve to itself the tolls destined for the repairs of the roads, keeping in order the banks of the rivers, bridges, &c. but the rates of these shall, as in the foregoing instance, be left to the discretion of the diet.-7. The monies coined in Switzerland shall be

of a uniform description, which is also to be determined by the diet.-8. No canon shal. afford asylum to a criminal le, all convicted, nor even to one legally accused.—.. The number of stipendiary troops to be supported in any one canton snall not exceed two hundred.-10. All partial alliances of one canton with another, or with any foreign power, is interdicted.-11. The government, or the legislative body of any canton which shall violate a decree of the diet, is able to be cited as rebellious, before a tribunal composed of the presidents of the criminal tribunals of all the other cantons.-12. The cantons shall possess all those powers which are not expressly delegated to the federal authority.

OF THE DIRECTORIAL CANTON.-13. The diet is to assemble by rotation, and at annual periods, at Fribourg, Berne, Soleure, Basle, Zurich, and Lucerne.-14. The cantons, of which the above cities are the chief places, shall, in succession, become the directorial canton: the year for those purposes commences on the first of January.-15. The directorial canton shall provide suitable residence, and a guard of honour for the deputies; it also supplies the expences of the sess on.-16. The avoyer or burgomaster of the directorial canton, shall unite to those titles that of landamman of Switzerland. He shall have custody of the seal of the Helvetic republic. He cannot absent himself from the city. The supreme council of his canton shall accord to him an appropriate establishment, and shall defray the extraordinary expence of his offic al functions.17. The foreign ministers are to present to the landamman their letters of credence, or of recall; and must apply to him on all o:atters of negociation. He has also in charge the other diplomatic concerns. 18. At the opening of the diet, he is to communicate to them the necessary information respecting the domestic and foreign concerns of the republic. 19. No canton shall be allowed to call out or put in motion more than five hundred mil ta, until it shall have apprized the landamman of Switzerland of such an intention.-20. In case of a revolt in

the interior of any canton, or on any other pressing occasion, the troops of one canton may march into another canton: but this shall take place only on the requisition of the supreme or petty council of the canton which wants such assistance; and after taking the advice of the petty council of the direc torial canton, the diet, however, is to be convoked after the cessation of hostilities, or if the danger continues.-21. If, during the vacations of the diet, any disagreement should arise between any two or more cantons, they are to address themselves to the landamman of Switzerland, who, according to circumstances, shall appoint conciliatory arbiters, or reler the case to the consideration of the diet on its next sitting.-22. He is to make known to the can. tons every instance in which he deems their conduct likely to interrupt the tranquillity of Switzerland, and every thing which takes place of an irregular nature, and militating against ether the federal act, or their particular constitution. He may, in some cases, convoke the supreme council, or that of the Landsgemeindes, in those places where the supreme authority is immediately exercised by the people.23. The landamman of Switzerland sends, in cases of Lecd, inspectors for the purpose of examining the state of the roads, rivers, &c. Where necessity requires it, he can direct the immediate execution of public works, and make the necessary arrangements with respect to the expences thereof, &c.— 24. His signature attaches a national credit and chaTacter to those acts to which it is affixed.

OF THE DIET.-25. Each canton sends a deputy to the diet, who may be accompanied by one or

two substitutes, who shall be eligible to act as such in case of the absence or indispos tion of the principal.-26. The deputies to the diet are to have instructions and limited powers; they cannot vote contrary to their instructions.-27. The landamman of Switzerland is, ex officio, deputy of the directorial canton.-28. The 19 deputies, who compose the diet, shall have 25 votes in the deliberations, in manner as follows:-The deputies of those cantons, of which the population is more than 100,000 inhabitants, v z. those of Berne, Zurich, Vaud, St. Gall, Argovie, and the Grisons, shall have each two votes. The deputies of those cantons, of which the population is less than 100,000 souls, namely, those of Tessen, Lucerne, Thurgovic, Fr bourg, Appenzell, Soleure, Basle, Schwitz, Glaris, Schaffhausen, Underwald, Zug, and Uri, shall have but one vote each.-29. The diet, at which the landamman of Switzerland presides, is to assemble the first Monday in June; its session shall not exceed the term of one month.-30. There shall be extraordinary diets on the following occasons: 1 On the demand of a neighbouring power, or of one of the cantons, supported by the supreme council of the directorial canton, which shall be assembled on such occasion, if not sitting at the time. 2dly. On the determination of the supreme council, or of the lands-gemeindes of five cantons, who can, on such an occasion, demand the proceeding, though the directorial canton may not concur in it. 3dly. When they shall be convoked by the landamman of Switzerland. -31. Ths declaration of war, and the treaties of peace or of alliance, emanate from the diet; but the concurrence of three-fourths of the cantons, on such occasions, is necessary.-32. It shall alone have the power of concluding treaties of commerce, &c. for the foreign service. It authorizes the cantons in case it shall deem expedient, to treat particularly in other concerns with a foreign power.— 33. The diet has the direction of the contingent of the troops to be furnished by each canton, according to Art. 2. It appoints the commanding officer, and in short, adopts all the measures necessary for the security of Switzerland, and for the execution of the other dispositions of the first article: this power also comprises internal concerns.-34. It nominates and dispatches ambassadors extraordinary. $5. It decides finally upon all matters in dispute between the cantons. For this purpose it forms itself into a syndicat, but in such case each deputy has but one voice-neither are previous instructions necessary on this occasion.-36. The verbal process of the diet is to be entered into two registers, of which one remains with the directorial canton, and the other with the State Seal, which at the end of December is to be removed to the chief place in the directorial canton.-37. A Chancellor, and a Greffier, appointed by the diet for two years, and paid by the directorial canton (at the rate the det shall think proper) shall always accompany the State Seal and the register.-38. The constitution of cach canton, engrossed on parchment, and sealed with the seal of the canton, shall be deposited in the archives of the diet.-39. The present federal act, as well as those of the particular constitutions of the 19 cantons, shall abrogate and annul all anterior dispositions whatever that may be contrary to it; and no law relative to the internal affairs of the cantons, or to the relations between them, can be found on the ancient political state of Switzerland.

The repose of Switzerland, the success of the new institutions now forming, require that the ne cessary operations for carrying them into effect, and to transmitto the new Magistrates, the care of the

public happiness and welfare, be secured from the, If the debt exceeds the amount of the credit in a influence of the passions, and executed with mo- proportion according to what remains of their cideration, impartiality, and wisdom.-We cannot devant immoveable property, after the discharge of hope for a prosperous issue unless the commissioners, the cantonal debts anterior to the revolution, and named by the act of mediation, be animated by the the recomposition of the patrimony of the cities.spirit which dictated it.-By these considerations, 6. The moveable and immoveable property which we in our said quality, and with the reservations shail remain after the formation of the communal before expressed, do constitute as follows-1. For funds, the discharge of the cantonal and national the year 1803, Fribourg to be the directorial can- debts, shall return to the possession of those canton.-2. The citizen Louis d'Affry to be landam- tons to which it had belonged. The property man of Switzerland for the said year, and invest which shall remain in the cantons of Vaud and Arhim with the extraordinary powers until the assem- govia shall be belong to them. What may remain bling of the diet.-3. The original act of mediation of the claims of Berne, shall be equally distributed shall be transmitted to the landamman, in order to amongst the cantons of Berne, Vaud, and Argovia. be deposited in the archives of the directorial can- -7. A commission composed of five members, ton.-4. In each canton a commission of seven namely, the citizens Stapfer, Minister of the Remembers, and of which one shall be appointed by public, Kuster, Ex-Minister of the finances, Raemy, us, and six chosen by the ten deputies selected to ci-devant Chancellor of Fribourg, and at present confer with us, is charged to put into activity the member of the Administrative Chamber, Sutzer, of constitution, and to administer it provisionally.- Winterthur, Helvetic deputy, Laurent, mayor of 5. These commissions are composed as follows: Lucerne, President of the Administrative Chamber, [Then follow the names of persons uppointed to fill the shall determine the extent of the wants of the mu commissions of the different cantons.]—6. On the 10th nicipalities, and of the funds necessary for re-conof March next, the central government shall dis- stituting their revenues, shall liquidate the debts solve itself, after having transmitted its papers and of the canton, and the national debt, shall assign tỏ archives to the landamman of Switzerland.-7. Each each debt the funds necessary to operate its discommission shall assemble on the 10th of March, charge, and shall determine the property which at the chief place of the canton, and notify its as- shall return into the possession of each canton,— sembling immediately to the prefect.-S. Within 24 8. It shall publish the result of its labours with hours after that notification, the prefect shall trans- respect to the debts on the 10th of May, and with mit to the commission, the papers of administration. respect to the revenues of the cities and the pa-9. In those cases which may require instructions, trimony of the cantons on the 10th of June: It shall or special authorities, the commissions shall address send the result of each labour to the first landamman themselves to the landanuman of Switzerland.- of Switzerland, and to each canton, for the purpose 10. On the 15th of April the commission shall be of being carried into execution.-9. The commission put into a state of activity, in order that on the 1st shall assemble at the chief place of the directorialcanof June each canton may elect its deputies to theton, and shall remain there till the end of its labours. diet, and prepare their instructions, and on the first The present act, the result of long conferences beMonday in July, in the present year, the diet shall tween wise men and friends of virtue, appears to us assemble.-11. The affairs pending before the Su- to contain those dispositions which are most proper preme Tribunal shall be carried to the Tribunal of to ensure the peace and happiness of Switzerland. Appeal of the canton in which the parties reside. As soon as they shall be executed, the French The Supreme Tribunal shall cease all its functions troops shall be withdrawn.-We recognize Helve on the 10th of March.-12. The Helvetic troops, atta, constituted conformably to the present act, as present in the pay of Switzerland, who shall not an independent power.-We guarantee the federal be employed by the 1st of May by the cantons, constitution, and that of each canton, against the shall be taken into the service of France.-13. No enemies of the tranquillity of Helvetia, whomsoprosecution shall be carried on for crimes relating ever they may be, and we promise to continue to the revolution, committed, or pretended to be those relations of beneficence, which for so many committed, either by individuals, or in the exer-ages have united the two nations.-Made and done cise of any public function.-The dissolution of the at Paris, 19th February, 1803. central government, and the reinstatement of the sovereignty in the cantons, requires that there should be a provision made for the discharge of the Helvetic debt, and of the disposal of the property declared national. We, in our said quality, and with the reserve before expressed, appoint as follows-Art. 1. The property heretofore belonging to the convents shall be restored to them, not only the property situated in the same canton but also in any other.-2. The administration of national pro-nators commissioners undersigned, to the ten Swiss perty other than that heretofore belonging to Berne, deputies undersigned, at Paris, 19th February, 1803. in the cantons of Vaud and Argovia, is provisionally transmitted to the cantons to which it belonged. The documents respecting the claims of Berne, shall be provisionally transmitted to those commissioners appointed by the cantons of Berne, Vaud and Argovia.-S. In each canton burdened with debts anterion to the revolution, there shall be assigned funds for their funding or discharge, out of what remains of the property heretofore belonging to the can ton.-4. There shall be re-constituted for each city a revenue proportioned to its municipal expences.-5. The national debt shall be liquidated, to which purpose all claim shall be appropriated.

BONAPARTE.
The Secretary of State.
HUGUES B. MARET.

The Minister for Foreign Affairs.

(Signed)

(Signed)

(Signed)

C. M. TALLEYRAND,

The Minister for Foreign Affairs

(Signed)

of the Italian Republic.

J. MARESCALCHI.

The present act has been transmitted by the se

(Signed)
BARTHELEMY,
ROEDERER,
FOUCHE,

DEMEUNIER.

(Signed)
LOUIS D'AFFRY,
PIERRE GLUTZ,
EMMANUEL JAUCH,
H. MONNOT,
REINHARD,
SPRECHER BERNYS,

P. A. STAPFER,

PAUL USTERY,

R. DE WATTERVILLE,

KE MONTBENAY,

Y. VON FLUE.

PAPERS

PAPERS RELATIVE TO THE AFFAIRS OF THE UNITED STATES OF AMERICA.

AMERICAN CONGRESS.

The following letter from Mr. STANLEY, a member of the House of Representatives, from NorthCarolina, to his constituents, contains a fair and impartial review of the proceedings of that body. Mr. STANLEY is a moderate opposer of the present administration of the United States; and in his remarks may be discovered the opinions of those in America, who formerly supported the governments of GEN. WASHINGTON and MR.

ADAMS.

cluded from New-Orleans, and the right of deposit prohibited. No information on this subject being given in the message of the President, the House of Representatives, on the 17th December 1802, by resolution, requested the President to "cause to be laid before the House such information in the possession of the department of state, as relates to a violation, on the part of Spain, of the 22d article of the treaty of friendship, navigation, and limits, between the United States and the King of Spain." From the The attention of Congress was early called communication of the President, in conseto a "violation, on the part of Spain, of the quence of this resolution, it was ascertained treaty between the United States and the that the Intendant of New-Orleans, the ofKing of Spain." To understand this busi- ficer intrusted with the commercial concerns ness, you will recollect, that Spain holding of the province, had by proclamation on the the territory on the west of the Mississippi, 16th of October 1802, interdicted the Ame extending to the Gulf of Mexico, and on rican right of deposit at New-Orleans," the east of the Mississippi, south of the without assigning any other equivalent southern boundary of the United States, in establishment." It was also known, that the 31 deg. N. latitude, is consequently the governor-generat of Louisiana, at New. proprietor of both sides of the mouth of the Orleans, did not condemn, but explicitly river. The great difficulty, and in fact the vindicated the measure. This act, directly impossibility at some seasons of ascending violating a solemn treaty, producing imme the river Mississippi in sea vessels, to a diately an immense loss to a great portion of height convenient to receive the produce of our citizens, and viewed by many as the our Western States, had convinced the Unit- commencement of measures intended to deed States of the necessity of obtaining from prive us of a place of deposit, and to obSpain the right to deposit our produce on struct the free navigation of the river, their territory, from whence it was conve-(rights essential to the prosperity of the niently accessible by our ships; and also of Western States,) affected too deeply the ho securing to them the free use of this high.nour and interest of the United States, not way to market. These objects were obtained by the treaty concluded with Spain the 27th day of October 1795, by the 22d article of which it stipulated, "That His Catholic Majesty will permit the citizens of the United States for the space of three years to deposit their merchandize and effects in the port of New Orleans, and to export them from thence without paying any other duty than a fair price for the hire of the stores, and his Majesty promises either to continue this permission, if he finds during that time that it is not prejudicial to the interest of Spain, or if he should not agree to continue it there, he will assign to them on another part of the banks of the Missis sippi an equivalent establishment." It was now suggested that our ships had been ex- | VOL. III.

to merit the earliest and most serious consideration. The claim of this subject to attention was rendered peculiarly strong, as connected with the cession of Louisiana by Spain to France, placed within the notice of | Congress by the President's mention of it in his message "as making a change in the aspect of our foreign relations, and entitled to just weight in deliberations of the legis lature connected with that subject." To enable Congress to act with understanding' on this subject, and to judge what measures if any were necessary to be taken, Mr. Griswold, on the 5th January, moved the following resolution:

"Resolved, That the President of the United States be requested to direct the pro. per officer to lay before this house copies of Sss

such

such official documents as have been received | objection on the ground that negociation by this government, announcing the cession was about commencing, let it be conceded of Louisiana to France, together with a re- that the direction of the negociation belongs port, explaining the stipulations, circum- solely to the executive, does it result, or can stances, and conditions under which that it be seriously contended, that under our province is to be delivered up, unless such governinent the determination of the execu documents and report will, in the opinion tive to negociate, takes from the legislature of the President, divulge to the House par- their constitutional power of considering ticular transactions not proper at this time what measures are necessary for the public to be communicated." welfare? Such a doctrine can consist only with a supremacy in the executive a doctrine at variance with the fundamental prin. ciples of our government. If the cession of Louisiana was a subject not proper for the consideration of Congress, why was it men tioned in the message? And if this consi deration was rendered improper by the in tention to negociate, why was that intention never communicated? The belief that there were yet other objections to this resolution not advanced by its opponents, forces itself on the mind, and is strengthened by the cir cumstance, that in their own resolation of 17th Dec. the transactions of New-Orleans were, without fear to irritate, openly and properly called "a violation of our treaty on the part of Spain." Surely, too, the President would not have hazarded the public safety by pressing on our notice in a pub lic communication a transaction deeply inte resting to our rights and interests, but which was covered with a veil not to be raised but with danger or indelicacy. The President knew it to be his duty to acquire information on the subject---to presume that he has not done so, would be to reproach him with reprehensible indifference to, and neglect of, our interests. Yet, improbable as the sug gestion might otherwise be, the circumstan ces go far towards compelling a belief, that the President had neither sought nor obtain ed any official information on the subject, or that his enquiries had not been treated with that respect which is due to the American nation; and that a rejection of the resolution was resorted to as the only mode of shield. ing him from the mortifying disclosure. Mr. Griswold also moved the following resolutions:

This resolution was opposed-That the province of Louisiana had been ceded by Spain to France-that this cession, if carried into effect, would change the aspect of our foreign relations, and therefore entitled to weight in legislative deliberation, were facts too deeply interesting to the United States to have escaped notice, even though they had not been pressed into the view of the legislature, and recommended to their attention by the high authority and solemn sanction of the President. An opposition, therefore, to a call for information-a call respectful in its terms, submitting the extent of the communication to the judgment of the President, was not to have been expected. The majority of the House discovered strong jealousy of this resolution, and after various unsuccessful attempts to have it considered, it was at length taken up and rejected. In discussing this resolution much extraneous matter was introduced; the only arguments which I could discover against the adoption of the resolution were, that such an enquiry implying a suspicion of unfriendly or improper conduct on the part of Spain towards us might irritate that nation; and that negociations were about commencing between our government and Spain and France. The doctrine advanced on this occasion, that although the transactions of a foreign nation shall be solemnly mentioned by the President in an official communication, as changing the aspect of our foreign relations, and entitled to weight in our deliberations; and although measures highly injurious to our rights and interest, and probably a con. sequence of this transaction, have been adopted, yet that a fear to irritate shall oblige us to forbear from enquiry; to shut our ears to any information on the subject, lest we discover a suspicion of unfriendly designs, that in fact (for it amounts to this) Resolved, That the navigation of the we shall never prepare to meet a hostile de- river Mississippi has been obstructed by the sign until it is known to us by its execa-regulations recently carried into effect at tion, is a doctre not only novel but too New-Orleans. palpably dangerous to e admitted as the real objection to this resolution. As to the

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"Resolved, That the people of the Unit ed States are entitled to the free navigation of the Mississippi.

Resolved, That the right of freely navigating the river Mississippi ought

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