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evident danger, or without doing it a remarkable prejudice.

ASYLUM.

a

BOOK I. CHAP. XIX. § 232.

FOREIGN MINISTERS. If an exile or banished man is driven from his country for any crime, it does not belong to the

BOOK IV, CHAP, 5. 6 66. nation in which he has taken refuge to punish him for a fault committed in a foreign country. For The obligation does not go so far as to suffer nature gives to mankind and to nations the right at all times, perpetual ministers, who are desirous of punishing only for their defence and safety; of residing with a sovereign, though they have whence it follows that he can only be punished by nothing to negociate. It is natural, indeed, and those whom he has offended.

very agreeable to the sentiments which nations § 233. But this reason shews, that if the justice owe to each other, that these resident ministers, of each nation ought in general to be confined to when there is nothing to be feared from their stay, the punishment of crimes committed within its should be friendly received; but if there be any own territories, we ought to except from this rule solid reason against this, what is for the good of the villains who, by the quality and habitual fre- the state ought unquestionably to be preferred; quency of their crimes, violate all publick secu- and the foreign sovereign cannot take it amiss if rity, and declare themselves the enemies of the his minister, who has concluded the affairs of his human race. Poisoners, assassins, and incendi- commission, and has no other affairs to negociate, aries by profession, may be exterminated wher- be desired to depart. The custom of keeping ever they are seized; for they attack and injure every where ministers continually resident is now all nations, by trampling under foot the founda- so strongly established, that the refusal of a contions of the common safety. Thus pirates are formity to it would, without very good reasons, brought to the gibbet, by the first into whose give offence. These reasons may arise from parhands they fall. If the sovereign of the country ticular conjunctures; but there are also common where those crimes have been committed re-claims reasons always subsisting, and such as relate to the authors of them, in order to bring them to the constitution of a government, and the state of punishment, they ought to be restored to him, as a nation. The republicks have often very good one who is principally interested in punishing them reasons for the latter kind, to excuse themselves in an exemplary manner : and it being proper to from continually suffering foreign ministers, who convict the guilty, and to try them according to corrupt the citizens, in order to gain them over to some form of law; this is a second (not sole] | their masters, to the great prejudice of the repubreason, why malefactors are usually delivered up lick, and fomenting of the parties, fc. And at the desire of the state where their crimes have should they only diffuse among a nation, formerly been committed.

plain, frugal, and virtuous, a taste for luxury, Ibid. § 230. Every nation has a right of refus- avidity for money, and the manners of courts, these ing to admit a stranger into the country, when would be more than sufficient for wise and prohe cannot enter into it without putting it into vident rulers to dismiss them.

• The third article of the treaty of triple alliance, and the latter stipulates, that no kind of refuge or protection shall be given to part of the fourth article of the treaty of quadruple alliance 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, TнE

paper, which I take the liberty of sending object with as much eagerness as ever, but with to your Grace, was, for the greater part, written more dexterity: Under the plausible name of during the last session. A few days after the pro- peace, by which they delude or are deluded, they rogation some few observations were added. I would deliver us unarmed, and defenceless, to the was resolved however to let it lie by me for a con- confederation of jacobins, whose center is indeed siderable time; that in viewing the matter at a in France, but whose rays proceed in every direcproper distance, and when the sharpness of recent tion throughout the world. I understand that impressions had been worn off, I might be better Mr. Coke, of Norfolk, has been lately very busy able to form a just estimate of the value of my first in spreading a disaffection to this war (which we opinions.

carry on for our being) in the county in which I have just now read it over very coolly and his property gives him so great an influence. It is deliberately. My latest judgment owns my first truly alarming to see so large a part of the aristosentiments and reasonings, in their full force, with cratick interest engaged in the cause of the new regard both to persons and things.

species of democracy, which is openly attacking, During a period of four years, the state of the or secretly undermining, the system of property world, except for some few and short intervals, by which mankind has hitherto been governed. has filled me with a good deal of serious in- But we are not to delude ourselves. No man can quietude. I considered a general war against ja- be connected with a party which professes publickly cobins and jacobinism, as the only possible chance to admire, or may be justly suspected of secretly of saving Europe (and England as included in abetting, this French Revolution, who must not be Europe) from a truly frightful revolution. For drawn into its vortex, and become the instrument this I have been censured, as receiving through of its designs. weakness, or spreading through fraud and arti- What I have written is in the manner of apofice, a false alarm. Whatever others may think logy. I have given it that form, as being the of the matter, that alarm, in my mind, is by no most respectful; but I do not stand in need of means quieted. The state of affairs abroad is not any apology for my principles, my sentiments, or so much mended, as to make me, for one, full of my conduct. I wish the paper I lay before your confidence. At home, I see no abatement whatso- Grace to be considered as my most deliberate, ever in the zeal of the partisans of jacobinism to solemn, and even testamentary protest against the wards their cause, nor any cessation in their efforts proceedings and doctrines which have hitherto to do mischief. What is doing by Lord Lauder- produced so much mischief in the world, and which dale on the first scene of Lord George Gordon's will infallibly produce more, and possibly greater. actions, and in his spirit, is not calculated to re- It is my protest against the delusion, by which move my apprehensions. They pursue their first some have been taught to look upon this jacobin

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contest at home, as an ordinary party squabble pulsory reflection comes, then be pleased to turn about place or patronage ; and to regard this ja- to it. Then remember that your Grace had a true cobin war abroad as a common war about trade friend, who had, comparatively with men of your or territorial boundaries, or about a political description, a very small interest in opposing the balance of power among rival or jealous states : modern system of morality and policy; but who, above all, it is my protest against that mistake or under every discouragement, was faithful to pubperversion of sentiment, by which they, who agree lick duty and to private friendship. I shall then with us in our principles, may on collateral con- probably be dead. I am sure I do not wish to siderations be regarded as enemies ; and those live to see such things. But whilst 1 do live, I who, in this perilous crisis of all human affairs, shall pursue the same course ; although my merits differ from us fundamentally and practically, as should be taken for unpardonable faults, and our best friends. Thus persons of great impor- such avenged, not only on myself, but on my postance may be made to turn the whole of their in- terity. fluence to the destruction of their principles. Adieu, my dear Lord; and do me the justice to

I now make it my humble request to your believe me ever, with most sincere respect, veneGrace, that you will not give any sort of answer ration, and affectionate attachment, to the paper I send, or to this letter, except barely

Your Grace's most faithful friend, to let me know that you have received them. I

and most obedient humble servant, even wish that at present you may not read the paper which I transmit; lock it up in the drawer

EDMUND BURKE. of your library table; and when a day of com- Beaconsfield, Sept. 29, 1793.

OBSERVATIONS, &c.

&c

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Approaching towards the close of a long period alienation on his part, a complete publick separaof publick service, it is natural I should be de- tion has been made between that gentleman and sirous to stand well (I hope I do stand tolerably me. Until lately the breach between us appeared well) with that publick, which, with whatever reparable. I trusted that time and reflection, and fortune, I have endeavoured faithfully and zeala decisive experience of the mischiefs which have ously to serve.

flowed from the proceedings and the system of I am also not a little anxious for some place in France, on which our difference had arisen, as well the estimation of the two persons to whom I ad as the known sentiments of the best and wisest of dress this paper. I have always acted with them, our common friends upon that subject, would and with those whom they represent. To my have brought him to a safer way of thinking. knowledge, I have not deviated, no not in the Several of his friends saw no security for keepminutest point, from their opinions and prin- ing things in a proper train after this excursion ciples. Of late, without any alteration in their of his, but in the re-union of the party on its old sentiments, or in mine, a difference of a very un- grounds, under the Duke of Portland. Mr. Fox, usual nature, and which, under the circum- if he pleased, might have been comprehended stances, it is not easy to describe, has arisen be- in that system, with the rank and consideratween us.

tion to which his great talents entitle him, and In my journey with them through life, met indeed must secure to him in any party arrangeMr. Fox in my road ; and I travelled with him ment that could be made. The Duke of Portvery cheerfully as long as he appeared to me to land knows how much I wished for, and how pursue the same direction with those in whose earnestly I laboured, that re-union, and upon company I set out. In the latter stage of our pro- terms that might every way be honourable and gress, a new scheme of liberty and equality was advantageous to Mr. Fox. His conduct in the produced in the world, which either dazzled his last session has extinguished these hopes for ever. imagination, or was suited to some new walks of Mr. Fox has lately published in print a defence ambition, which were then opened to his view. of his conduct. Ön taking into consideration The whole frame and fashion of his politicks ap- that defence, a society of gentlemen, called the pear to have suffered about that time a very ma- Whig Club, thought proper to come to the folterial alteration.. It is about three years since, in lowing resolution-—~ That their confidence in consequence of that extraordinary change, that, “ Mr. Fox is confirmed, strengthened, and enafter 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, the

Duke of Portland and Lord Fitzwilliam, have This proceeding of Mr. Fox does not (as I congiven their concurrence.

ceive) amount to absolute high treason; Russia, The calumnies supposed in that resolution can though on bad terms, not having been then debe nothing else than the objections taken to Mr. claredly at war with this kingdom. But such a Fox's conduct in this session of Parliament; for to proceeding is, in law, not very remote from that them, and to them alone, the resolution refers. offence, and is undoubtedly a most unconstitutional I am one of those who have publickly and strongly act, and a high treasonable misdemeanour. urged those objections. I hope I shall be thought The legitimate and sure mode of communionly to do what is necessary to my justification, cation between this nation and foreign powers is thus publickly, solemnly, and heavily censured by rendered uncertain, precarious, and treacherous, those whom I'most value and esteem, when I firmly by being divided into two channels, one with the contend that the objections which I, with many government, one with the head of a party in opothers of the friends to the Duke of Portland, position to that government; by which means the have made to Mr. Fox's conduct, are not calum- foreign powers can never be assured of the real nies, but founded on truth; that they are not few, authority or validity of any publick transaction but many; and that they are not light and trivial, whatsoever. but, in a very high degree, serious and important. On the other hand, the advantage taken of the

That I may avoid the imputation of throwing discontent which at that time prevailed in parliaout, even privately, any loose, random imputations ment and in the nation, to give to an individual against the publick conduct of a gentleman, for an influence directly against the government of his whom I once entertained a very warm affection, country, in a foreign court, has made a highway and whose abilities I regard with the greatest ad into England for the intrigues of foreign courts miration, I will put down, distinctly and articu- in our affairs. This is a sore evil; an evil from lately, some of the matters of objection which I which, before this time, England was more free feel to his late doctrines and proceedings, trusting than any other nation. Nothing can preserve us that I shall be able to demonstrate to the friends from that evil, which connects cabinet factions whose good opinion I would still cultivate, that abroad with popular factions here—but the keepnot levity, nor caprice, nor less defensible motives, ing sacred the Crown, as the only channel of combut that very grave reasons, influenced my judg- munication with

every

other nation. ment. I think that the spirit of his late pro- This proceeding of Mr. Fox has given a strong ceedings is wholly alien to our national policy, countenance and an encouraging example to the and to the peace, to the prosperity, and to the doctrines and practices of the Revolution and Conlegal liberties, of this nation, according to our stitutional Societies, and of other mischievous ancient domestick and appropriated mode of societies of that description, who, without any legal holding them.

authority, and even without any corporate capaViewing things in that light, my confidence in city, are in the habit of proposing, and, to the best him is not encreased, but totally destroyed, by of their power, of forming, leagues and alliances those proceedings. I cannot conceive it a matter with France. of honour or duty, (but the direct contrary,) in This proceeding, which ought to be reprobated any member of parliament to continue systema- on all the general principles of government, is, in tick opposition for the purpose of putting go- a more narrow view of things, not less reprehenvernment under difficulties, until Mr. Fox (with sible. It tends to the prejudice of the whole of all his present ideas) shall have the principal the Duke of Portland's late party, by discrediting direction of affairs placed in his hands; and the principles upon which they supported Mr. until the present body of administration (with Fox in the Russian business, as if they, of that their ideas and measures) is of course overturned party also, had proceeded in their parliamentary and dissolved.

opposition, on the same mischievous principles To come to particulars :

which actuated Mr. Fox in sending Mr. Adair on 1. The laws and constitution of the kingdom his embassy. entrust the sole and exclusive right of treating 2. Very soon after his sending this embassy to with foreign potentates to the king. This is an Russia, that is, in the spring of 1792, a covenantundisputed part of the legal prerogative of the ing club or association was formed in London, Crown. However, notwithstanding this, Mr. Fox, calling itself by the ambitious and invidious title without the knowledge or participation of any of “The Friend of the People.It was composed one person in the house of commons, with whom of many of Mr. Fox's own most intimate, perhe was bound by every party principle, in matters sonal, and party friends, joined to a very considerof delicacy and importance, confidentially to com-able part of the members of those mischievous municate, thought proper to send Mr. Adair, as associations called the Revolution Society, and the his representative, and with his cypher, to St. Constitutional Society. Mr. Fox must have been Petersburgh, there to frustrate the objects for well apprized of the progress of that society, in which the minister from the Crown was authorized every one of its steps; if not of the very origin to treat. He succeeded in this his design, and did of it

. I certainly was informed of both, who actually frustrate the king's minister in some of had no connexion with the design, directly or the objects of his negociation.

indirectly. His influence over the persons who

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He con

composed the leading part in that association was, | as of that party, and much more to be considered and is, unbounded. I hear, that he expressed some as the leader and mouth of it in the house of disapprobation of this club in one case, (that of commons. This could not give much encourageMr. St. John,) where his consent was formally ment to those who had been separated from Mr. asked; yet he never attempted seriously to put a Fox, on account of his conduct on the first prostop to the association, or to disavow it, or to con- clamation, to rejoin that party. troul, check, or modify it in any way whatsoever. 5. Not having consulted any of the Duke of If he had pleased, without difficulty, he might Portland's party in the house of commons; and have suppressed it in its beginning. However, he not having consulted them, because he had reason

. did not only not suppress it in its beginning, but to know, that the course he had resolved to encouraged it in every part of its progress, at pursue would be highly disagreeable to them, he that particular time, when jacobin clubs (under represented the alarm, which was a second time the very same, or similar titles) were making such given and taken, in still more invidious colours dreadful havock in a country not thirty miles from than those in which he painted the alarms of the the coast of England, and when every motive of former year. He described those alarms in this moral prudence called for the discouragement of manner, although the cause of them was then societies formed for the encrease of popular preten- grown far less equivocal, and far more urgent. sions to power and direction.

He even went so far as to treat the supposition of 3. When the proceedings of this society of the the growth of a jacobin spirit in England as a friends of the people, as well as others acting in libel on the nation. As to the danger from the same spirit, had caused a very serious alarm in abroad, on the first day of the session, he said the mind of the Duke of Portland, and of many little or nothing upon the subject. He contented good patriots, he publickly, in the house of com- himself with defending the ruling factions in mons, treated their apprehensions and conduct France, and with accusing the publick councils with the greatest asperity and ridicule.

of this kingdom of every sort of evil design on demned and vilified, in the most insulting and out the liberties of the people; declaring distinctly, rageous terms, the proclamation issued by govern- strongly, and precisely, that the whole danger of ment on that occasion—though he well knew, that the nation was from the growth of the power of it had passed through the Duke of Portland's the Crown. The policy of this declaration was hands, that it had received his fullest approbation, obvious. It was in subservience to the general and that it was the result of an actual interview plan of disabling us from taking any steps against between that noble duke and Mr. Pitt. During France. To counteract the alarm given by the the discussion of its merits in the house of com- progress of jacobin arms and principles, he endeamons, Mr. Fox countenanced and justified the chief voured to excite an opposite alarm concerning promoters of that association; and he received, in the growth of the power of the Crown. If that return, a publick assurance from them of an in- alarm should prevail, he knew that the nation violable adherence to him, singly and personally. never would be brought by arms to oppose the On account of this proceeding, a very great num- growth of the jacobin empire; because it is obber (I presume to say not the least grave and wise vious that war does, in its very nature, necessipart) of the Duke of Portland's friends in parlia- tate the commons considerably to strengthen the ment, and many out of parliament, who are of the hands of government; and if that strength should same description, have become separated from itself be the object of terrour, we could have no that time to this from Mr. Fox's particular cabal ; very few of which cabal are, or ever have, 6. In the extraordinary and violent speeches of much as pretended to be attached to the Duke of that day, he attributed all the evils which the pubPortland, or to pay any respect to him or his lick had suffered, to the proclamation of the preopinions.

ceding summer; though he spoke in presence of 4. At the beginning of this session, when the the Duke of Portland's own son, the Marquis of sober part of the nation was a second time gene- Titchfield, who had seconded the address on that rally and justly alarmed at the progress of the proclamation ; and in the presence of the Duke French arms on the continent, and at the spread- of Portland's brother, Lord Edward Bentinck, ing of their horrid principles and cabals in Eng- and several others of his best friends and nearest land, Mr. Fox did not (as had been usual in relations. cases of far less moment) call together any meet- 7. On that day, that is, on the 13th of Deing of the Duke of Portland's friends in the cember, 1792, he proposed an amendment to the house of commons, for the purpose of taking address, which stands on the journals of the their opinion on the conduct to be pursued in house, and which is, perhaps, the most extraorparliament at that critical juncture. He concerted dinary record which ever did stand upon them. his measures (if with any persons at all) with To introduce this amendment, he not only struck the friends of Lord Lansdowne, and those calling out the part of the proposed address which alludthemselves Friends of the People, and others noted to insurrections, upon the ground of the in the smallest degree attached to the Duke of objections which he took to the legality of calling Portland ; by which conduct he wilfully gave up together parliament, (objections which I must ever (in my opinion) all pretensions to be considered think litigious and sophistical,) but he likewise

war.

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