evils of French innovation. In this country in particular, no comparison can be inftituted but with an invidious defign between the British houfe of peers and the nobleffe of France. No resemblance exifts between them, nor is there either any thing to be feared or to be defired from the example. In France the nobleffe amounted to upwards of 200,000 perfons; in England to not more than 300. In France the whole race was ennobled; in England only the eldeft fon, and the reft of the family is returned to the mass of private citizens. In England nobility is rather title attached to a certain function; in France it was privilege attached to a title. The houfe of peers of Great Britain is a member of the ftate, a legiflature and a fupreme court of justice; in France nobility was fomething with'out defignation, without function, without refpectability. There the nobility formed a peculiar caft or tribe which difdained to mix with the rest of the nation; in England there is fcarcely a family which is not, or has not been, in some manner allied to the nobility, and all are equal except the actual reprefentatives of noble families. In France the offices and emoluments of the ftate were monopolized by the nobleffe; in England they are equally open to every commoner. In reality no titles were legal in France, but thofe of the few who were termed peers of France: the reft were affumed at the pleasure of the person; and it was only neceffary to be of a noble family, in order to decorate themselves with whatever title found. ed moft agreeably to the ear of the individual. When the nobleffe were difrobed of their feudal privileges, then in truth and reality they were abolished. When they ceafed to reprefent their own body, when the

power of the nation was vested in air affembly chofen by the people, then ranks were in reality levelled; for rank without power will foon ceafe to be fuch, and no longer deferves the name. As to liveries and armorial bearings, they are trifles, which were, on the one hand, beneath the notice of the national affembly, and on the other, their abolition can never be a matter of ferious disapprobation with men of fenfe. The principal motive for paffing thefe decrees was, doubtlefs, that no badge of feparation might remain to distinguish the privileged caft from the rest of the nation, and that no regular order might fubfift, thus diftinguished, inimical to the new conflitution. But could the affembly have forefeen what a degree of odium this transaction was to bring upon their proceedings, they would have been greatly wanting in prudence not to have declined the measure; but the more reasonable conjecture is, that they did not forefee it. They confi dered it as an act much more indifferent and less invidious than many which they had paffed; and conceived that, where no perfon was deprived of any thing fubftantial, no perfon would conceive himself fubftantially injured.

In the mean time the preparations for the general confederation proceeded with confiderable rapidity. The Champ de Mars, so famous for having been the rendezvous of the troops which in the preceding year were intended to overawe the capital, was chofen for this folemnity. This piece of ground, which is about 400 toifes, or Sco yards in diameter, is bounded on the right and left by lofty trees, and commands at the further extremity a view of the military academy. In the middle of this vaft plain an altar was erected for the purpofe of adminiftering

miniftering the civic oath; and round it an immenfe amphitheatre was thrown up, of a league in circumference, and capable of containing four hundred thousand fpectators. The entrance into the Champ de Confédération (as it was now called) was through triumphal arches. The king's throne was placed under an elegant pavilion in the middle, and on each fide of it were feats for the members of the national allembly.

Two thoufand workmen, were employed upon this immenfe labour; but the citizens of Paris, fearing lelt the preparations fhould not be completed at the appointed period, flocked from every quarter to affift in the patriotic undertaking. Not only the military, but the elergy and even the ladies lent their cheerful affiftance. With aftonishment ftrangers beheld the most delicate and elegant of the female fex dragging the wheel-barrow, or handling with willing but fometimes ineffective endeavours the weighty mallet or the fpade. The provincials, who came from the remotest. parts of the kingdom to join in the confederation, emulated the citizens in their ardour and enthu fiafm; and the work was completed, fo as both with refpect to time and manner to furprife every fpec

tator.

The important 14th of July at length arrived. The national guards

of the departments, distinguished by their refpective ftandards, the battalions of infantry, and the different troops of cavalry, the marine of France, and the foreigners who ferved under its banners, being all arranged in military order, the king and the national affembly took a folemn oath to maintain the conftitution; the armed citizens repeated it amongst the applaufes of innumerable fpectators. They fwore to live free, or die; and this oath was taken on the fame day through the whole extent of the kingdom.

Previous to the confederation, the duke d'Orleans, having completed the object of his miffion, defired leave to return and affist. at this auguft ceremony. On the receipt of his letter, M. de la Fayette afcended the tribune, and explained his motives for having advifed, the departure of the duke; which were in brief," that he apprehended an ill ufe might be made of his name, while prefent, in order to disturb the public tranquillity. These reasons, M. de la Fayette added, did he believe ftill fubfift, though he faw nothing to make him apprehenfive at prefent for the public fafety." The duke arrived on the 11th of July, and, after first renewing his civic oath in the national affembly, affitted perfonally at the confederation.

CHAP.

NONTRARY to general expectation, the grand confederation was performed without tumult or confufion, and nothing but the weather, which was damp and unfavourable, occurred to cloud or to difturb the magnificent scene. Though to the eye of a philofopher these ceremonies convey little more than the idea of a great national pantomime, yet in the minds of the populace this folemnity ftamped an additional legality on the proceedings of the national affembly, and frengthened their hands.

The legislature made an advantageous ufe of the calm which fucceeded the confederation, in completing the organization of the judicial department. Judges or juftices of the peace were to be elected in each canton, for the determination of petty differences; tribunals for the adjudication of more important causes were established in diftricts; and a tribunal of coffation, or court of appeal, was appointed for the whole kingdom, where, under certain reftrictions, the proceedings of the inferior courts might be revised. Courts of criminal justice were established in each of the de

partments; and a high national court for the trial of crimes againft the ftate completed the edifice. One inftitution, however, demands our attention, and we believe it is peculiar to the new jurisprudence of France. Boards of conciliation were appointed in every district, where the parties in a fuit were to be cited perfonally, and where every means were to be employed to effect an amicable termination, before the cause could be brought to a hearing before the ordinary courts of justice. Family arbitrators were alfo authorized to terminate petty difputes between near relations, and the forms prescribed in all these cafes were the fimpleft that could be invented. We have already remarked that the trial by jury was only adopted in criminal cafes: an aristocratic writer obferves on this subject, with fome archnefs, that the trial by jury would alfo have been esta. blifhed in civil causes, if there had not been too many lawyers in the conftituting affembly." This is indeed not the only objection to the new jurifprudence of France, fince

there is much room to doubt whe

ther témporary and elective judges

will

will be found effectual to the purposes of fubftantial juftice. Notwithstanding thefe defects, however, the French code is deferving of admiration for its fimplicity, its confiftency; for the gratuitous adminiftration of juftice; for the easy access which the pooreft fubject, when injured, finds to the means of redrefs; for the difcouragement which it holds forth to litigious and vexatious contefts and however the French revolution may terminate, in this part of the conftitution other nations may find much worthy of imitation, and many inftitutions for the obvious cafe and advantage of the people.

With respect to the pecuniary interefts of the republic, it was alfo deereed that the legislative body fhould annually determine the fum total of the public expences and contributions; and that, under the direction of the king, an administration should be established in each department, with an inferior or fubordinate one in each diftrict, for the regulation and collection of the revenue. The pofice of each city or community was committed to magiftrates chofen by the citizens.

To replace the falt tax, and the other odious and oppreffive impofts, which had been abolished, the affembly impofed an eafy land-tax apon immoveable property, and a poundage upon perfonal property and annuities; a tax upon patents, and a ftamp tax upon contracts and other writings. These taxes were however but ill paid; and to remedy the deficiencies of the revenue, continual emiffions of affignats became neeeffary; and even to fupply the want of current coin, which had been greatly leffened by the continual emigrations, it was thought proper to illué affignats for the fmalleft fums. But paper credit, however

refponfible the bank on which it is dependent, is always attended with a temporary inconvenience. It circulates with lefs facility than fpecie, and commonly increases the balance of exchange in favour of foreign nations.

Several decrees of leffer moment, but which reflect no lefs credit on the liberality and wifdom of the af fembly, were paffed about this period. That in particular which reftored to the proteftants thofe poffeffions of which their ancestors had been deprived by the revocation of the edict of Nantes, is deferving of the higheft encomiums; and that which abolished for ever all extraor dinary taxes levied upon the Jews was at once politic and juft. These were followed by the abolition of the execrable droit d'aulaine, which affigned to the king the property of all aliens not naturalized who died in France.

In the fate of the unfortunate Favras the tribunal of the Chatelet had evinced themselves not the most unexceptionable judges of the competency of evidence. A more flagrant inftance, if poffible, of their credulity or their corruption occurred foon after the confederation. That tribunal was charged by the affembly to take cognizance of the affair of the 5th and 6th of October. On the 7th of Auguft they brought their report fealed to the bar of the affembly, and in a pompous addrefs "lamented the fevere talk which their duty to their country had impofed upon them; and concluded: with informing the affembly that two of their own body were among the principal criminals." The af fembly heard this denunciation with horror and confternation; the report of the Chatelet was referred to a committee; and the members against whom it was pointed appeared to be M. d'Or