Paris, le 26 September, 1815. MONSIEUR NOTRE FRÈRE ET COUSIN, Les évènemens, qui ont affligé le monde depuis plus de 20 ans, nous ont convaincu que le seul moyen d'y mettre un terme se trouvoit dans l'Union la plus franche et la plus intime entre les Souverains, que la Divine Providence a placé à la tête des Peuples de l'Europe. L'Histoire des 3 années mémorables, qui viennent de s'écouler, atteste les effets bienfaisants, que cette Union a produit pour le salut de l'humanité, mais afin d'assurer à ce lien la solidité que réclame impérieusement la grandeur et la pureté du but, vers lequel il tend, nous avons pensé qu'il dût être fondé sur les principes sacrés de la Religion Chrétienne. Profondement pénétré de cette importante vérité, nous avons conclû et signé l'Acte, que nous soumettons aujourd'hui à la méditation de votre Altesse Royale. Elle se persuadera qu'il à pour objet de raffermir les rapports qui nous unissent, en formant de tous les Peuples de la Chrétienté une seule et même Famille, et en leur assurant par là, sous la protection du Tout-Puissant, le bonheur, le salut, les bienfaits de la paix et des liens de fraternité à jamais indissolubles. Nous avons vivement regretté que Votre Altesse Royale n'ait point été réuni avec nous dans le grand moment où nous avons conclu cette Transaction. Nous l'invitons comme notre premier et plus intime Allié à y accorder, et à completer une œuvre uniquement consacré au bien de l'humanité, et que nous devons dès lors considérer comme la plus belle récompense de nos efforts. Notre Frère et Cousin, FRANCOIS. Le Prince Régent de la Grand Bretagne. Lord Castlereagh at the same time took the precaution of transmitting the draught of an innocuous answer for the Prince Regent to send back. This draught underwent a careful revision at the hands of Lord Liverpool, and the contents of it, as ultimately settled, were as follow: Carlton House, 6th Oct. 1815. SIR, MY BROTHER AND COUSIN, I HAVE had the honour of receiving your Imperial Majesty's Letter, together with the Copy of the Treaty signed by your Majesty, and your August Allies, at Paris, on the 26th of September. As the forms of the British Constitution, which I am called upon to administer in the name and on the behalf of the King, my Father, preclude me from acceding formally to this Treaty, in the shape in which it has been presented to me, I adopt this course of conveying to the August Sovereigns who have signed it, my entire concurrence in the principles they have laid down, and in the declaration which they have set forth, of making the Divine precepts of the Christian Religion the invariable rule of their conduct, in all their relations, social and political, and of cementing the Union which ought ever to subsist between all Christian Nations; and it will always be my earnest endeavour to regulate my conduct, in the station in which Divine Providence has vouchsafed to place me, by these sacred maxims, and to cooperate with my August Allies in all measures which may be likely to contribute to the peace and happiness of mankind. With the most invariable sentiments of friendship and affection, I am, Sir, My Brother and Cousin, Your Imperial Majesty's Good Brother and Cousin, His Imperial Majesty the Emperor of Austria. GEORGE P. R. The Family $216. The Treaty of Friendship and Union conCompact of cluded at Paris (August 15, 176116) by the Plenipoof Bourbon. tentiaries of the Very Christian King and the Catholic the House 16 Martens, Recueil, I. p. 16. King, is an instance of a Family League, which may be regarded as an enlarged form of a Personal League. The object of this Treaty, which is expressly designated in the Preamble as a Family Compact, was to establish a perpetual alliance between the French and Spanish branches of the House of Bourbon, and to afford to either Crown a reciprocal guaranty of all its possessions wheresoever situated. The simple demand of succour on the part of either Crown was to constitute a casus fœderis without the necessity of any explanation. Provision was made by the nineteenth article of the Treaty for the admission of the Neapolitan branch of the House of Bourbon. Although this Treaty was made by the two Sovereigns on behalf of themselves and their Successors, and so far in terms satisfies one of Vattel's definitions of a Real Treaty"; yet the subject of it discloses the intention of the Contracting Parties to confine its benefits to the House of Bourbon, so clearly, that it may be regarded as altogether exceptional18, seeing that it contains an express provision (Art. XXI), that no other Powers than those which may be of the House of Bourbon, can be invited or admitted to accede to it. Accordingly we find, when His Catholic Majesty made a formal application to Louis XVI of France in 1790 17 Droit des Gens, L. II. § 188, De même, lorsqu'un roi déclare dans le traité, qu'il le fait pour lui et ses successeurs, il est manifeste que le Traité est réel. Il est attaché à l'Etat, et fait pour durer autant que même le roy aume. 18 Kings do not always treat solely and directly for their Kingdoms. Sometimes by virtue of the power they have in their hands, they make treaties relative to their own persons, or their families, and this they may lawfully do as the welfare of the State is interested in the safety and advantage of the Sovereign, properly understood. These treaties are personal in their own nature, and expire of course on the death of the King or the extinction of his family. Such an alliance is made for the defence of the King and his Family.Vattel, L. II. § 195. Navigation merce. for aid, in pursuance of this Treaty, in defence of his possessions on the West Coast of North America against Great Britain; the National Assembly, to which body Louis XVI was obliged, under the altered condition of the Monarchy in France, to submit the letter of the King of Spain, demurred to the application, considering the Family Compact between the two Crowns not to be identical with a Public Treaty between the two Nations 19. Treaties of § 217. The object of all Leagues is the promotion and Com- of Society amongst Nations, and this Society relates either to peaceful Commerce, or to community of War 20 Leagues which relate to Commerce may be of various kinds. The rudiments of Commercial Leagues may be traced in the stipulations between Nations for the hospitable reception of Strangers, and the distinction between the foreigner regarded quâ βάρβαρος, and the foreigner regarded quâ ξένος, consisted in the circumstance, that the latter had a claim of Right to Hospitality, which the former had not. An early example of this kind of League may be seen in the Treaty concluded between Alyattes King of Lydia and the Citizens of Miletus, whereby it was provided that the two Nations should be the guests and allies of one another 21. As soon as the security of private intercourse between the individual members of different Nations had been established, the commercial interchange of commodities for the most part followed in the wake of Hospitality. Foreign commerce thus sprang up, and in many States where foreign commerce became important, it was found necessary to place it under regulations, 19 Twiss on the Oregon Question, London, 1846, p. 112. Annual Register, 1790. p. 303. 20 Puffendorf, o. 8, c. 9. and wherever Taxation became an engine of State government, duties or tolls came to be imposed upon foreign merchants frequenting the ports of a State. Treaties of Navigation and of Commerce thereupon came to be agreed upon between Nations, whereby it was provided that the subjects of the one Power might safely trade in the ports of the other Power on condition of paying customary tolls, or of paying not more than a fixed toll, or of paying not more than was paid by subjects or favoured Allies. A Treaty of Navigation and Commerce may be for a term of years or for an indefinite period; it may provide for trade merely, as for instance for the importation and exportation and transit of particular merchandise, for the port-dues, and transit-dues, and custom-dues, to be levied thereupon; or for the incidents of trade in connexion with the residence of merchants; as for instance, the exercise of jurisdiction, the practice of religion, the payment of personal taxes. The provisions of a Treaty of Commerce may extend even further, and may apply to the contingences of war breaking out between the contracting parties and a third Power, or between Powers which are strangers to the contracting parties. Thus it may be provided that, if war should break out between the contracting Powers, the subjects of either Power, resident in the territory of the other Power, should be allowed an interval of time to collect their goods and effects, and to withdraw in safety to their own country 22; or it may be provided, that if war should break out between one of the Contracting Powers and a third Power, that certain goods shall |