in his engagements, will that plea avail him aught against the consequences of a writ? Will it save him, for one moment, from jail? If your servant rob you; if he be guilty of a breach of trust; if he connive at others who rob you; if you even suspect him of any one of these offences, do you still keep him in your service? Do you continue to pay him his wages, though, from his attention and time being "wholly occupied" in his defence, he entirely neglects his work? And do you, in such case, allow of such a plea? What partiality, then; what abominable injustice, must inherit the mind of that man, who can attempt to justify the ministers, with regard to the events in the West-Indies, upon grounds such as those above alleged.- -It must be fresh in the memory of every man, that we ended the last war with a boast, that the fleets of France were annihilated. Twenty speeches in parliament could be quoted as to this point, but we will confine ourselves to that of the profound and acute Sir Henry St. John Mildmay, when, on the 7th of May, 1802, he was seconding the motion of that other great statesman, Lord Belgrave, for a vote of thanks to the "heaven-born" minister. "We," said Sir Henry, "have wrested " from the enemy many of her most valua"ble colonies, thwarted her in many of her

most favourite objects, annihilated the "whole of her marine, and possessed our"selves of the whole of her commerce, "without any loss." Men of Winchester! Sage Mayor and Aldermen and Reverend Prebendaries, hear this, and recollect what has since come to pass! Ask the people of Tobago and Martinique what colonies of France we were able to keep; ask the Dutch, the Swiss, and the Italians, what object of hers we were able to thwart; and, ask the WestIndia merchants and planters; go ask the graves of the thousands of seamen that have perished in our locked up convoys, whether we have annihilated the whole of her

marine!

Botley, Thursday, 17th Oct. 1805.

The 5th Volume of the PARLIAMENTARY DEBATES has been some time finished, being the 3d and last volume of the Debates of last Session. The Appendixes to these three volumes contain the whole of the papers, that were laid before Parliament, relative to the war with Spain, the Eleven Reports of the Commissioners of Naval Inquiry; the Reports of the Select Committees of the House of Commons upon the Tenth and the Eleventh Naval Reports; and also all the

annual accounts relating to the Finances and Commerce of Great Britain and of Ireland. The importance of the several papers, here mentioned, need not be pointed out; and, as the Editor believes, they are not to be found in any other work extant.

PUBLIC PAPERS. AUSTRIA AND FRANCE. · Proclamation issued by the Emperor of Austria, to his Hereditary States, dated Sept. 1805.

We, Francis the Second, Emperor Elect of the Romans, Hereditary Emperor of Austria, &c. Facts known to all the world prove, that since the conclusion of the Treaty of Luneville, we have had nothing so much at heart as the maintenance of the peace which we had procured for our faithful people by the said Treaty. The scrupulous accomplishment of all the obligations which that Treaty imposed upon us; the observance of a perfect neutrality in the naval war, and the most friendly moderation, when the Emperor of the French violated several of the principal stipulations of the Peace, and endangered by numerous abuses, the repose and equilibrium of Europe, gave us every right to hope with confidence, that our warm and sincere desire for peace would be fulfilled.Yet the armaments ordered by the Emperor of the French close to the frontiers of the Tyrol and the Duchy of Venice, joined to direct menaces, required of our parental sclicitude for our hereditary states, counter armaments, which, however, though destined to do away our fears for the safety of our states, could not be to France a subject of mistrust or of open complaint.- -At the same time that we took these measures of precaution, to which we saw ourselves forced, we took with the courts of Petersburgh and Paris, when negotiations to be opened between those two courts had been frustrated, the proper measures nevertheless to attain the salutary object, and to produce the resumption of the negociations for peace interrupted. The court of France did not acknowledge our intentions on this head, and refused our ediation. The Court of Russia, on the contrary, declared itself ready to open, in ecncert with us, and with equal moderation, pacific negociations, and to employ an armed mediation for the re-establishment of the repose, security, and political balance of agitated Europe.--We, far removed from the desire of seeing a new war break out, but convinced of the imperious necessity of those energetic measures, which can alone insure real and lasting peace, partake perfectly the determination of the Emperor of

all the Russias on this subject, and hope, from its good execution, with well founded confidence, the desired effect. But also we expect, with no less confidence, that our dear and faithful subjects who have afforded us, for thirteen years of a reign accompanied with the most extraordinary events, so many deep proofs of unshaken attachment, will support us with all their might in this undertaking, formed with a view to their real good, and will hasten, in consequence, to aid us in restoring that happy state of things which was always our first object and the wish nearest to our heart.We expect then of our faithful states and subjects, that they will not only continue to pay regularly the tax called the classes, which has been levied in 1805, and which has been prolonged in 1806, by a particular patent, dated this day, but that they will also furnish, with no less good-will to maintain our armies more easily, contributions in kind, consisting of corn and oats. (The proclamation then fixes the number of bushels for each province.) However willingly we should grant to our faithful states and subjects the usual indemnity for these supplies, we cannot this time satisfy this desire, because our finances, obliged to make head against so many other extraordinary expenses, are not in a condition also to supply the indemnity, and that there would thus remain to pay it no other resource than to raise the necessary sums by means of another contribution in money.

Note transmitted by the French Charge d'Affaires to the Directorial Minister at the Diet of Ratisbon, dated Ratisbon, Sept. 25, 1805.

His Majesty has, therefore, been obliged to recall the greatest part of the army which he had in the territory of Hanover, and those troops being in the heart of Germany, could not do otherwise than pass through a part of the empire to get to the place of their destination. But although the motives and the intention of their passage are most clearly pointed out by the present state of affairs, which is known to the whole world, and it is consequently impossible to misconstrue them; nevertheless, in order to preclude any observations which malignity might suggest to misinterpret them, his Majesty has charged the undersigned to give to the Germanic Diet those explanations which are contained in the present note. (Signed) BACHER.

Letter
Letter from the Emperor Napoleon to the

Grand Pensionary of Holland; dated Strasburgh, Sept. 29, 1805.

MY VERY DEAR AND GREAT" friend! -I have been obliged to withdraw my army from Holland, to make head against an impious coalition which the gold and the intrigues of England have formed against me and my allies. I have commanded in my empire the formation of national guards for the defence of my frontiers. You will be av are that, in the present circumstances, the iends of their country must take up arms to repel those bands, eager for pillage, whom England would throw into their shores. However, let not the inhabitants of Holland be alarmed. My armies of reserve, of Boulogne and Mentz, are more than sufficient to succour the troops which defend their coasts, and to prevent any army who violate the Batavian territory from re-embarking. In the present circumstances, my very dear and great friend, I depend upon your zeal and patriotism. The cares of war do not so entirely absorb my attention, that I shall not constantly watch for the concerns of the Batavian country. An army might indeed land, but be assured that it would not reembark. However, I call upon the courage and patriotism of the Batavians to confound the hatred of the tyrants of the sea, and to secure that part of the Continent from the invasion of the pirates.Herewith I pray God to take you, my very dear and great. friend, under his holy protection. NAPOLEON,

FOREIGN OFFICIAL PAPERS. Second Letter of the Minister of the Interior to the Prefects, dated Paris, Sept. 25, 1805. Concluded from p. 576.

The Emperor calls for the conscription of the year 14; for an extraordinary war, confines himself to accelerating by a few months an ordinary measure. Let this appeal, made to the courage of the French youth, be heard by them, and repeated by all the public functionaries! Employ your activity and your influence to hasten its results. The more prompt its operation, the more happy will be its consequences. Join the means of persuasion to the employment of your authority. Callpress those whom the law calls: encourage the zeal of those who shew themselves ready to obey it against the others enforce all its rigours. Tell those under your administration, that it is by this decisive measure they will obtain a prompt Peace, the first and last object of the Emperor's wishes: that this alone can save them the calamities and ex

and victory will declare against the oppressor, in favour of the weaker oppressed.-The Undersigned has received from his Majesty, the Emperor and King, express orders to declare, that in no case his Majesty will suffer Austria to aggrandize herself in Germany, or to make acquisitions in Bavaria, and accomplish the project she has often betrayed, to extend her frontiers to the Lech, and to drive the Elector of Bavaria to the left Bank of the Danube. Such a project is too decidedly hostile to the interests of the Germanic Body, to those of France, to the promises in which his Majesty the Emperor and King has bound himself, to the engagements into which he has entered to maintain the integrity of Bavaria.After this positive declaration of a resolution which, in every circumstance that may arise, will be an invariable rule of conduct for France, it will be for the House of Austria to consider, whether it be her interest to incur all the hazards of war, merely because she wishes, but without any well-grounded hope of being able to accomplish her wish, to obtain a part of Bavaria for fruitless would be her efforts to conceal what is now notorious to all Europe, that, such in reality, is her only object. The Undersigned requests the assurances of his high consideration, &c. (Signed) TALLYERAND PERIGORD.

Memorial referred to in the preceding Note; being the French Answer to the Second Declaration of the Court of Vienna to the French Court. See p. 533.

Without dwelling upon the allegations which pervade the Note of the Court of Vienna, (of the 3d of September), attention will only be paid to the notions of peace which that Note holds forth.-The Court of Vienna has made levies of men and pre-1 parations of all sorts: she now allows a foreign army to enter her territory --Her only object to listen to her assurances is to oblige France and England to make peace; but if such be the object of the Court of Vienna, how has it happened that she forgets to make known the basis upon which that peace ought to be concluded? Is the basis to be the treaties of Luneville, or Amiens, or the status præsens of the two nations, as seemed to be the wish of Austria when the first overtures were made for the last peace? Or after all pretensions drawn from the same source as the allegations now directed against France? From an attentive perusal of the Note of the Court of Vienna, it would appear that Austria would assume

for basis of future negociation, the trea ties of Luneville and of Amiens; but will England, who not long since refused to reestablish peace upon these principles, accede to them at present ?--The Cabinet of Vienna has said nothing upon the subject, and should it happen that England would not adopt them, his Majesty the Emperor of Germany, who would not assume the character of mediator, unless he were really invested with it; a character which essentially consists in an impassible justice; a perfect impartiality, has no doubt, in concert with other powers, adopted measures for obliging England to acknowledge his principle of mediation, as he has taken to the same effect to compel France: doubtless he has fleets ready equipped, cruises set on foot; in fine, all possible means put in force which are indispensably necessary to the attainment of his object.- -The Note of the Cabinet of Vienna affords no light upon any of these points. It is essential however to know.-1st, Whether the Court of Vienna is aware whether the treaties of Luneville and of Amiens are to be taken as the basis of the new negociations, or whether these treaties are to be abolished? 2dly, In the. latter supposition upon what basis does the Court of Vienna understand that the negociations are to be set on foot ? 3dly, Whether England has declared her readiness to adhere to the principles of his mediation? 4thly, In case of refe-al on the part of England, what measures have been taken by the mediator, and what means has he at his disposal to compel her to adhere to it ?--------If the Court of Vienna has not put these questions to itself, and if it requires time to answer them, this alone should make it sensible, that it has acted with a precipitanev contrary not only to all the assurances it had given, but also to the end it declares to have in view; and it may further be attempted to observe contrary to what the enlightened policy of the House of Austria would advise it to adopt. Be it as it may, approaching circunstances will decide, whether it has been guided by a just conviction of its own interests, or led astray by blind prejudices.--The remonstrances and assurances, to which the Court of Vienna here aliudes, are mere illusions. She made no observation, she preferred no complaint; no, not more than the Court of France has made respecting the incorporation of Lindau, and all the other annexations that have been made by Austria in Shabi. The threats of armaments, and the pretended determination to uphold by force, what the Court of Vienna styles in

Marginal Annotations upon the Note of the Court of Vienna, of the 3d September, inserted in the French Official Paper, the Moniteur, of the 30th September, 1805.

Upon this vague indefinite exposition, which sets out with accusations and explanations, but which explains and proves nothing, there is only one observation to be inade, and that observation will be peremptory and precise.- -Switzerland, Holland,

and Italy, have freely established the constitution which they wished for. In what respect does this legitimate use of the primitive right of all states infringe upon the particular rights of Austria? During the negotiations at Luneville, Austria required the evacuation by the French troops of the territory of the Italian, Helvetic, and Batavian republics, and France refused to comply. France required of Austria to guarantee the independence of these republics; and Austria, it is true, manifested the utmost repugnance to accede to this demand, but at length consented. These three states therefore ought, in the sense it was understood by Austria, to remain free; and nevertheless still continue to keep a French army on their territory. How can this independence have been altered by the spontaneous establishment of that fixed form of government which has put an end to former uncertainties; and of the federal system that has connected them in alJiance with France?—If Austria will go back to the times antecedent to these new establishments, she will find that France was mistress of all Italy: she possessed every power, even the legislative authority; and the power that governed had been established by the French generals. In Switzerland, in Holland, the French armies constituted the only organized force that secured the public safety. Let Austria quote a single article of the treaty of Luneville that has prescribed the departure of the French troops: let her che a single note of her's, or any one step formally taken by her since the conclusion of that treaty, which had for its object

to require that evacuation.-If Austria considers the present state of things, let her say in what respect constitutions adapted to times, to places, to the interests of countries, and already approved from an happy experience, furnish grounds on her part for regret, at the past, or uneasiness respecting the future: What sort of interest is that which prompts one to deplore the happiness and the security of nations? What kind of benevolence is it that would advise states to imagine themselves oppressed, when they are in possession of laws and of a government, the work of their own will, the result of their common suffrages and choice? Of what nature in fine is that justice which pro poses war to bring back disorder and confusion to those countries in which at present prevails order, tranquillity, and confidence ?

-But the Court of Vienna again resorts to generalities: but from under the veil of such vague allegations, one may discern the views of a policy timidly jesuitical, that would dextrously slip over recollections, and prepare itself for disavowals. The Emperor of Austria has not hesitated to acknowledge the changes that have taken place in Switzerland, since he has a minister at Berne: nor those changes that have happened in Holland, since he has accredited a minister at the Hague: nor those that have arisen in Italy, since his Majesty's own letters, as well as those of his minister, M. de Cobentzel, attest them. But now that Court of Vienna would endeavour to get rid of all these previous measures. Is it to be supposed that the King of the Romans would not recognise the acts of the Emperor of Germany? Or does the present aspect of affairs appear to him more favourable, and from the consciousness of being supported, would he not disavow all past engagements? It was thus that Austria rejected the treaty of Campa Formio. Then, as at present, she attributed to the necessity of moderation, to delicate and critical circumstances, to an anxiety to remove greater dangers, stipulations formal ly entered into. But it may be necessary to say that the circumstances are not wholly alike. When Austria declared that the peace of Campo Formio was broken, she had gained a battle. Now she should at least have waited for a victory before she became so ostentatious of the strange principles that have guided her conduct. The reflections she here indulges in are literally taken from the English papers. Not one of them but furnishes a text for the daily declamations of those writers, who doubtless did not flatter themselves with being bonoured by such