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Case of de

SYSTEM OF EUROPE.

the nation, or of the sovereign who has deprived | just and ambitious dispositions, by doing the least him of the throne. He must think of peace, injustice to another, every nation may avail themabandon the ally, and consider him as having selves of the occasion, and join their forces to those himself abandoned his right, through necessity. of the party injured, in order to reduce that ambiThus Louis XIV. was obliged to abandon James tious power, and disable it from so easily oppressthe Second, and to acknowledge King William, ing its neighbours, or keeping them in continual though he had at first treated him as an usurper. awe and fear. For an injury gives a nation a The same question presents itself in real alli- right to provide for its future safety, by taking ances, and, in general, in all alliances made with away from the violator the means of oppression. the state, and not in particular with a king for the It is lawful, and even praise-worthy, to assist those defence of his person. An ally ought, who are oppressed, or unjustly attacked. fence against doubtless, to be defended against subjects. every invasion, against every foreign violence, and even against his rebellious subjects; in the same manner a republick ought to be de- § 47. Europe forms a political system, a body, fended against the enterprises of one who attempts where the whole is connected by the relations and to destroy the publick liberty. But it ought to different interests of nations inhabiting this part of be remembered, that an ally of the state, or the the world. It is not, as anciently, a confused nation, is not its judge. If the nation has de- heap of detached pieces, each of which thought itposed its king in form; if the people of a repub- self very little concerned in the fate of others, and lick have driven out their magistrates and set seldom regarded things which did not immediately themselves at liberty, or acknowledged the au- relate to it. The continual attention of sovereigns thority of an usurper, either expressly or tacitly; to what is on the carpet, the constant residence of to oppose these domestick regulations, by disput- ministers, and the perpetual negociations, make ing their justice or validity, would be to interfere Europe a kind of a republick, the in the government of the nation, and to do it an members of which, though indepen- publiek to injury (see § 54, and following of this book). dent, unite, through the ties of com- preserve order The ally remains the ally of the state, notwith- mon interest for the maintenance of standing the change that has happened in it. How-order and liberty. Hence arose that famous ever, when this change renders the al- scheme of the political equilibrium, or balance of liance useless, dangerous, or dis- power; by which is understood such a disposition agreeable, it may renounce it: for it of things, as no power is able absolutely to premay say, upon a good foundation, that dominate, or to prescribe laws to others." it would not have entered into an alliance with that nation, had it been under the present form of government.

Case where real alliances may be renounced.

nal war.

Europe a re

and liberty.

§ 49. Confederacies would be a sure way of preserving the equilibrium, and supporting the liberty of nations, did all princes thoroughly understand their true interests, and regulate all their steps for the good of the state.

CONTRIBUTIONS IN THE ENEMY'S
COUNTRY.

BOOK III. CHAP. IX. § 165.

We may say here, what we have said on a personal alliance: however just the cause of that king may be, who is driven from the throne, either by his subjects or by a foreign usurper; his allies Not an eter are not obliged to support an eternal war in his favour. After having made ineffectual efforts to restore him, they must at length give peace to their people, and come to an accommodation with the usurper, and for that purpose treat with him as with a lawful sovereign. Louis XIV., exhausted by a bloody and unsucressful war, offered at Gertruydenburgh to abandon his grandson, whom he had placed on the throne of Spain: and, when affairs had changed their ap-making the enemy's country contribute to the suppearance, Charles of Austria, the rival of Philip, Saw himself, in his turn, abandoned by his allies. They grew weary of exhausting their states, in order to give him the possession of a crown, which they believed to be his due, but which, to all appearance, they should never be able to procure for him.

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Instead of the pillage of the country, and defenceless places, a custom has been substituted more humane and more advantageous to the sovereign making war: I mean that of contributions. Whoever carries on a just war has a right of

port of the army, and towards defraying all the
charges of the war. Thus he obtains a part of
what is due to him, and the subjects of the enemy,
on submitting to this imposition, are secured from
pillage, and the country is preserved: but a ge-
neral who would not sully his reputa- To be mo-
tion is to moderate his contributions, derate.
and proportion them to those on whom they are
imposed. An excess in this point is not without
the reproach of cruelty and inhumanity if it
shews less ferocity than ravage and destruction, it
glares with avarice.

Compare these with the contributions raised by the French in
the Netherlands - EDIT.

evident danger, or without doing it a remarkable prejudice.

ASYLUM.

BOOK I. CHAP. XIX. § 232.

If an exile or banished man is driven from his country for any crime, it does not belong to the nation in which he has taken refuge to punish him for a fault committed in a foreign country. For nature gives to mankind and to nations the right of punishing only for their defence and safety; whence it follows that he can only be punished by those whom he has offended.

§ 233. But this reason shews, that if the justice of each nation ought in general to be confined to the punishment of crimes committed within its own territories, we ought to except from this rule the villains who, by the quality and habitual frequency of their crimes, violate all publick security, and declare themselves the enemies of the human race. Poisoners, assassins, and incendiaries by profession, may be exterminated wherever they are seized; for they attack and injure all nations, by trampling under foot the foundations of the common safety. Thus pirates are brought to the gibbet, by the first into whose hands they fall. If the sovereign of the country where those crimes have been committed re-claims the authors of them, in order to bring them to punishment, they ought to be restored to him, as one who is principally interested in punishing them in an exemplary manner: and it being proper to convict the guilty, and to try them according to some form of law; this is a second [not sole] reason, why malefactors are usually delivered up at the desire of the state where their crimes have been committed.

Ibid. § 230. Every nation has a right of refusing to admit a stranger into the country, when he cannot enter into it without putting it into

The third article of the treaty of triple alliance, and the latter part of the fourth article of the treaty of quadruple alliance

FOREIGN MINISTERS.

BOOK IV. CHAP. 5. § 66.

The obligation does not go so far as to suf at all times, perpetual ministers, who are desir of residing with a sovereign, though they ha nothing to negociate. It is natural, indeed, a very agreeable to the sentiments which nat owe to each other, that these resident minister. when there is nothing to be feared from their stu should be friendly received; but if there be solid reason against this, what is for the good. the state ought unquestionably to be prefere and the foreign sovereign cannot take it am his minister, who has concluded the affairs of L commission, and has no other affairs to negoci be desired to depart.+ The custom of kep every where ministers continually resident is: so strongly established, that the refusal of ac formity to it would, without very good reas give offence. These reasons may arise from pr ticular conjunctures; but there are also com reasons always subsisting, and such as relat the constitution of a government, and the sta a nation. The republicks have often very: reasons for the latter kind, to excuse thems from continually suffering foreign ministers corrupt the citizens, in order to gain them their masters, to the great prejudice of the lick, and fomenting of the parties, &c. should they only diffuse among a nation, for plain, frugal, and virtuous, a taste for h avidity for money, and the manners of courts, would be more than sufficient for wise and vident rulers to dismiss them.

stipulates, that no kind of refuge or protection shall be r rebellious subjects of the contracting powers.-EDIT. ↑ Dismission of M. Chauvelin.-EDIT.

OBSERVATIONS

ON THE

CONDUCT OF THE MINORITY,

PARTICULARLY IN THE

LAST SESSION OF PARLIAMENT ;

ADDRESSED TO

THE DUKE OF PORTLAND AND LORD FITZWILLIAM.

1793.

LETTER TO HIS GRACE THE DUKE OF PORTLAND.

MY DEAR LORD,

THE paper, which I take the liberty of sending to your Grace, was, for the greater part, written luring the last session. A few days after the proogation some few observations were added. I vas resolved however to let it lie by me for a coniderable time; that in viewing the matter at a roper distance, and when the sharpness of recent mpressions had been worn off, I might be better ble to form a just estimate of the value of my first pinions.

I have just now read it over very coolly and eliberately. My latest judgment owns my first entiments and reasonings, in their full force, with egard both to persons and things.

object with as much eagerness as ever, but with more dexterity. Under the plausible name of peace, by which they delude or are deluded, they would deliver us unarmed, and defenceless, to the confederation of jacobins, whose center is indeed in France, but whose rays proceed in every direction throughout the world. I understand that Mr. Coke, of Norfolk, has been lately very busy in spreading a disaffection to this war (which we carry on for our being) in the county in which his property gives him so great an influence. It is truly alarming to see so large a part of the aristocratick interest engaged in the cause of the new species of democracy, which is openly attacking, or secretly undermining, the system of property by which mankind has hitherto been governed. But we are not to delude ourselves. No man can be connected with a party which professes publickly to admire, or may be justly suspected of secretly abetting, this French Revolution, who must not be drawn into its vortex, and become the instrument of its designs.

During a period of four years, the state of the world, except for some few and short intervals, as filled me with a good deal of serious inuietude. I considered a general war against jaobins and jacobinism, as the only possible chance f saving Europe (and England as included in urope) from a truly frightful revolution. For ais I have been censured, as receiving through eakness, or spreading through fraud and artice, a false alarm. Whatever others may think f the matter, that alarm, in my mind, is by no eans quieted. The state of affairs abroad is not › much mended, as to make me, for one, full of onfidence. At home, I see no abatement whatsover in the zeal of the partisans of jacobinism toards their cause, nor any cessation in their efforts › do mischief. What is doing by Lord Lauder-produced so much mischief in the world, and which ale on the first scene of Lord George Gordon's ctions, and in his spirit, is not calculated to reove my apprehensions. They pursue their first

What I have written is in the manner of apology. I have given it that form, as being the most respectful; but I do not stand in need of any apology for my principles, my sentiments, or my conduct. I wish the paper I lay before your Grace to be considered as my most deliberate, solemn, and even testamentary protest against the proceedings and doctrines which have hitherto

will infallibly produce more, and possibly greater. It is my protest against the delusion, by which some have been taught to look upon this jacobin

contest at home, as an ordinary party squabble | pulsory reflection comes, then be pleased to turn about place or patronage; and to regard this jacobin war abroad as a common war about trade or territorial boundaries, or about a political balance of power among rival or jealous states: above all, it is my protest against that mistake or perversion of sentiment, by which they, who agree with us in our principles, may on collateral considerations be regarded as enemies; and those who, in this perilous crisis of all human affairs, differ from us fundamentally and practically, as our best friends. Thus persons of great importance may be made to turn the whole of their influence to the destruction of their principles.

I now make it my humble request to your Grace, that you will not give any sort of answer to the paper I send, or to this letter, except barely to let me know that you have received them. I even wish that at present you may not read the paper which I transmit; lock it up in the drawer of your library table; and when a day of com

to it. Then remember that your Grace had a tru friend, who had, comparatively with men of your description, a very small interest in opposing the modern system of morality and policy; but who, under every discouragement, was faithful to peblick duty and to private friendship. I shall then probably be dead. I am sure I do not wish to live to see such things. But whilst I do live, I shall pursue the same course; although my ments should be taken for unpardonable faults, and such avenged, not only on myself, but on my posterity.

Adieu, my dear Lord; and do me the justice t believe me ever, with most sincere respect, vene ration, and affectionate attachment,

Your Grace's most faithful friend, and most obedient humble servant, EDMUND BURKE

Beaconsfield, Sept. 29, 1793.

OBSERVATIONS, &c.

APPROACHING towards the close of a long period, of publick service, it is natural I should be desirous to stand well (I hope I do stand tolerably well) with that publick, which, with whatever fortune, I have endeavoured faithfully and zealously to serve.

alienation on his part, a complete publick seper:tion has been made between that gentleman and me. Until lately the breach between us appeara reparable. I trusted that time and reflection, ar a decisive experience of the mischiefs which h flowed from the proceedings and the system 1 I am also not a little anxious for some place in France, on which our difference had arisen, as the estimation of the two persons to whom I ad- as the known sentiments of the best and wisest : dress this paper. I have always acted with them, our common friends upon that subject, and with those whom they represent. To my have brought him to a safer way of thinki knowledge, I have not deviated, no not in the Several of his friends saw no security for ke minutest point, from their opinions and prin- ing things in a proper train after this excurs ciples. Of late, without any alteration in their of his, but in the re-union of the party on its cha sentiments, or in mine, a difference of a very un-grounds, under the Duke of Portland. Mr. Fo usual nature, and which, under the circum- if he pleased, might have been comprehen stances, it is not easy to describe, has arisen be

tween us.

in that system, with the rank and consider. tion to which his great talents entitle him, aˆ indeed must secure to him in any party arra ment that could be made. The Duke of P land knows how much I wished for, and t earnestly I laboured, that re-union, and p terms that might every way be honourable an advantageous to Mr. Fox. His conduct in t last session has extinguished these hopes for eve

In my journey with them through life, I met Mr. Fox in my road; and I travelled with him very cheerfully as long as he appeared to me to pursue the same direction with those in whose company I set out. In the latter stage of our progress, a new scheme of liberty and equality was produced in the world, which either dazzled his imagination, or was suited to some new walks of Mr. Fox has lately published in print a defear ambition, which were then opened to his view. of his conduct. On taking into considerate The whole frame and fashion of his politicks ap- that defence, a society of gentlemen, called pear to have suffered about that time a very ma- Whig Club, thought proper to come to the to terial alteration. It is about three years since, in lowing_resolution-"That their confidence consequence of that extraordinary change, that, Mr. Fox is confirmed, strengthened, and after a pretty long preceding period of distance,"creased, by the calumnies against him." coolness, and want of confidence, if not total To that resolution my two noble friends, t

Duke of Portland and Lord Fitzwilliam, have given their concurrence.

The calumnies supposed in that resolution can be nothing else than the objections taken to Mr. Fox's conduct in this session of Parliament; for to them, and to them alone, the resolution refers. I am one of those who have publickly and strongly urged those objections. I hope I shall be thought only to do what is necessary to my justification, thus publickly, solemnly, and heavily censured by those whom I most value and esteem, when I firmly contend that the objections which I, with many others of the friends to the Duke of Portland, have made to Mr. Fox's conduct, are not calumnies, but founded on truth; that they are not few, but many; and that they are not light and trivial, but, in a very high degree, serious and important. That I may avoid the imputation of throwing out, even privately, any loose, random imputations against the publick conduct of a gentleman, for whom I once entertained a very warm affection, and whose abilities I regard with the greatest admiration, I will put down, distinctly and articulately, some of the matters of objection which I feel to his late doctrines and proceedings, trusting that I shall be able to demonstrate to the friends whose good opinion I would still cultivate, that not levity, nor caprice, nor less defensible motives, but that very grave reasons, influenced my judgment. I think that the spirit of his late proceedings is wholly alien to our national policy, and to the peace, to the prosperity, and to the legal liberties, of this nation, according to our ancient domestick and appropriated mode of holding them.

Viewing things in that light, my confidence in him is not encreased, but totally destroyed, by those proceedings. I cannot conceive it a matter of honour or duty, (but the direct contrary,) in any member of parliament to continue systematick opposition for the purpose of putting government under difficulties, until Mr. Fox (with all his present ideas) shall have the principal direction of affairs placed in his hands; and until the present body of administration (with their ideas and measures) is of course overturned and dissolved.

To come to particulars:

1. The laws and constitution of the kingdom entrust the sole and exclusive right of treating with foreign potentates to the king. This is an undisputed part of the legal prerogative of the Crown. However, notwithstanding this, Mr. Fox, without the knowledge or participation of any one person in the house of commons, with whom he was bound by every party principle, in matters of delicacy and importance, confidentially to communicate, thought proper to send Mr. Adair, as his representative, and with his cypher, to St. Petersburgh, there to frustrate the objects for which the minister from the Crown was authorized to treat. He succeeded in this his design, and did actually frustrate the king's minister in some of the objects of his negociation.

This proceeding of Mr. Fox does not (as I conceive) amount to absolute high treason; Russia, though on bad terms, not having been then declaredly at war with this kingdom. But such a proceeding is, in law, not very remote from that offence, and is undoubtedly a most unconstitutional act, and a high treasonable misdemeanour.

The legitimate and sure mode of communication between this nation and foreign powers is rendered uncertain, precarious, and treacherous, by being divided into two channels, one with the government, one with the head of a party in opposition to that government; by which means the foreign powers can never be assured of the real authority or validity of any publick transaction whatsoever.

On the other hand, the advantage taken of the discontent which at that time prevailed in parliament and in the nation, to give to an individual an influence directly against the government of his country, in a foreign court, has made a highway into England for the intrigues of foreign courts in our affairs. This is a sore evil; an evil from which, before this time, England was more free than any other nation. Nothing can preserve us from that evil-which connects cabinet factions abroad with popular factions here--but the keeping sacred the Crown, as the only channel of communication with every other nation.

This proceeding of Mr. Fox has given a strong countenance and an encouraging example to the doctrines and practices of the Revolution and Constitutional Societies, and of other mischievous societies of that description, who, without any legal authority, and even without any corporate capacity, are in the habit of proposing, and, to the best. of their power, of forming, leagues and alliances with France.

This proceeding, which ought to be reprobated on all the general principles of government, is, in a more narrow view of things, not less reprehensible. It tends to the prejudice of the whole of the Duke of Portland's late party, by discrediting the principles upon which they supported Mr. Fox in the Russian business, as if they, of that party also, had proceeded in their parliamentary opposition, on the same mischievous principles which actuated Mr. Fox in sending Mr. Adair on his embassy.

2. Very soon after his sending this embassy to Russia, that is, in the spring of 1792, a covenanting club or association was formed in London, calling itself by the ambitious and invidious title of "The Friend of the People." It was composed of many of Mr. Fox's own most intimate, personal, and party friends, joined to a very considerable part of the members of those mischievous associations called the Revolution Society, and the Constitutional Society. Mr. Fox must have been well apprized of the progress of that society, in every one of its steps; if not of the very origin of it. I certainly was informed of both, who had no connexion with the design, directly or indirectly. His influence over the persons who

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