of the principal channels of its interior navigation and commerce. In answer to which, general Brune obferves, that he cannot imagine his royal highnefs will recur to meafures not lefs revolting to humanity, than repugnant to the character of the British nation, and to the general feeling of all Europe. Devaftation or deftruction is certainly incompatible with the character and with the uniform conduct of the English nation; and as little does either accord with the difpofition of his royal highnefs the commanderin-chief; but there are duties peremptorily prefcribed by the nature of particular fituations, the odium of which must fall, not on those who execute, but on fuch as render the measure neceffary, by rejecting the conditions of a juft and honourable agreement. Deeply impreffed with what is due to his country on the one hand, and to the claims of humanity on the other; perfuaded, likewife, that general Brune is equally guided by these fentiments, his royal highness has taken his propofals into confideration, and confents to abide by the agreement as it ftands in the answers annexed to the different articles. Major-general Knox, who is charged therewith, is authorized to fign and conclude this agreement, as well as to arrange any points of detail which may arife out of it. It being the duty of every officer commanding his Britannic majefty's troops to make an exact report of whatever relates to his command, his royal highnefs the duke of York will of courfe lay before the British government every communication which has taken place between his royal highness and general Brune. Articles propofed in the explanatory Note of General Brune. Anfw. to Art. I. His royal highnefs will on no account treat upon this article, the execution of which, it must be evident to both parties, is impoflible. Anfw. to Art. II. This demand appears to rest upon a supposed lofs the combined army must fustain, fhould its embarkation be refolved upon. It is by no means admitted that fuch would be the refult; but as, in the event of the army's carrying on the campaign during the winter, the lofs of a certain number of men muft naturally be expected; his royal highness, influenced by this confideration, agrees to promife, in the name of the British government, that 5000 French and Batavian prifoners, the proportion of each to be regulated according to the terms of the article, fhall be unconditionally releafed and fent home. Nothing farther in this article can be agreed to. Anfw. to Art. III. The fort and batteries of the Helder will be left, generally confidered, in an improved ftate. None of the Dutch artil lery fhall be carried away. Anfw. to Art. IV. On no account will it be confented that the army fhall be withdrawn from the pofition of the Zuyp, until every preparation requifite to render its embarka tion eafy and complete can be arranged at the Helder. It must be evident, that it cannot be defired that any delay fhould take place in this refpect. No addition thall be made to the works at the Zuyp, and perfons properly authorised shall be admitted from time to time to afcertain and report upon this point, for the the fatisfaction of general Brune; but no armed detachment will be permitted to approach, or to take poft, nearer than they already are to our pofition. It must be farther understood, that, on his part, general Brune will not allow any approaches or offenfive preparations to be carried on, and that the French and Batavian army fhall remain in the line of advanced pofts which it occupies at prefent, which shall also be the line of feparation between the two armies respectively. Anfw. to Art. V. The embarkation of the English and Ruffian troops will take place with all pof, fible expedition; and at this feafon of the year any unneceffary delay will naturally be avoided as much as poffible; but to prevent any difficult or future difcuffion upon this point, it is propofed, that the fufpenfion of hoftilities fhall be limited to the end of the month of November next, in order to fecure fufficient time for the complete evacuation of the country, which, however, fhall be effected fooner, if practicable. Aníw. to Art. VI. The fhips of war, or other veffels immediately expected with reinforcements for the combined English and Ruffian army, or which may hereafter be fent, fhall not land their troops, but fhall put to fea again as foon as poffible. Anfw. to Art. VII. Hoftages fhall be reciprocally given, to be felected among the officers of rank of the two armies, to guarantee the execution of this agreement. Sir, Alkmaar, October 17. I have feen general Brune, and have talked over with him fully all the articles on which I have received his royal highness's inftru&tions. I have found the greatest dispofition on the part of general Brune to enter fairly into the fubject. In refpect to the effential article of the fleet, general Brune has already received a letter from the Dutch directory, to make the delivery of it a fine qua non; and I much doubt whether there is any chance of his being brought to give way on this point, at least without fome affurance that his royal highness would forward the demand to his court. In respect to the other very effential article of the prifoners, after much conversation, I brought the general to lower his demands to 8000 men, beyond which he cannot recede. Every other point can be amicably fettled. I beg his royal highnefs's orders on these points; and I hope to receive them by noon to-morrow. I have the honour to be, &c. To the hon. colonel Hope, Head-quarters, Schagen Brug, October 18. Sir, His royal highnefs the commander-in-chief, in his inftructions to you of yesterday's date, having declared that every paper or propofal from general Brune, and confequently that relative to the whole Dutch fleet, will of courfe be regularly tranfmitted to England, can give no other anfwer than what you are already enipowered to make, viz. "His royal highnefs will, on no ac (Signed) H. Taylor, fec. count, treat upon this article; the By order of his royal highness the duke of York, commander-inchief of the combined English and Ruffian army. execution execution of which, it must be evi- New Conftitution of the French Re dent to both parties, is impoffible." I have the honour to be, &c. Sir, Alkmaar, October 18, your public. TITLE İ. Article 1. The French republic is one and indivifible. Its European territory is diftributed into departmental and communal diftricts (arrondissemens). 2. Every man of the age of twenty-one years complete, born and refident in France, who has caufed his name to be infcribed upon the civic lift of his communal district, and who has dwelt from that period for a year within the territory of the republic, is a French citizen. age 3. A foreigner becomes a French citizen when, after having attained the of twenty-one years com plete, and after having declared his intention of fettling in France, has refided in it ten years without in terruption. 4. The character of French citi- zen By naturalization in a foreign country; I have received letter, and have the pleasure to inform you that every thing is fettled to his royal highnefs's fatisfaction; in confequence of which general Brune has given immediate orders to all his pofts that all hoftilities fhall ceafe, and that no farther work of any kind fhall be carried on; he requests his royal highnefs will be pleafed to give fimilar orders withBy affiliation with any foreign corout lofs of time, as 2. report has juftion of birth; by condemnation to poration, which would infer diftincbeen made that fome houfes have been fet on fire on the road leading to Herenhuysen. I have the honour to be, &c. To the hon. colonel Hope, P. 3. General Brune has fent off to Amfterdam, to direct that nothing hoftile fhall be attempted on the part of the flotilla there fitted out; and he begs that fimilar notice may be fent to admiral Mitchell. By the acceptance of functions, or of penfions offered by a foreign government; corporal or ignominious punishments. 5. The exercife of the rights of French citizen is fufpended by a man's being an infolvent debtor, or a direct heir keeping up, with an onerous title, the fucceffion of a bankrupt, in whole or in part; the By a man's acting as a hired domeftic, attached either to perfon or the business of an individual; By a man's being in a state of judicial interdiction, accufation, or contumacy. 6. In order to exercise the rights of citizenship in a communal diftrict, a perfon must have fixed in it his domicile or place of abode by a year's refidence, and at the fame time he must not have loft it by a year's abfence. 7. The citizens of every communal diftrict are to point out, by their votes, thofe they conceive moft proper to manage the public affairs. The number fo pointed out forms a lift of men worthy of confidence, amounting to a tenth of the number of citizens having a right to vote. Out of this lift are to be chofen, the public functionaries of the dif trict. 8. The citizens, comprehended in the communal lifts of a department, fhall likewife point out a tenth part of their own number. Hence is formed a fecond lift, called depart-. mental, from which are be chofen the public functionaries of the department. 9. The citizens whofe names ftand on the departmental lift, fhall likewife name a tenth of their own number. Thus there is a third lift formed, which comprehends the citizens of the department eligible to public national functions. 10. The citizens having a right to affift in the formation of any of the lifts mentioned in the three preceding articles, are to be called upon every three years to fupply the place of thofe upon the lifts who may have died, or who are abfent for any other cause than that of exercifing a public employment. 11. They at the fame time may erafe from the lift those whom they think unfit to appear any longer upon it, and appoint as their fucceflors other citizens in whom they have greater confidence. 7 12. No perfon can be erased from any of the lifts, but by the votes of an abfolute majority of the citizens having a right to vote on its formation. 13. A perfon is not to be erased from one lift of eligible perfons, folely becaufe he is, at a given period, member of another lift, inferior or fuperior. 14. Infeription on a lift of perfons eligible, is not neceflary but for thofe public offices, for which this condition is exprefly required by the conftitution of the law. All the lifts of eligible perfons fhall be formed in the courfe of the year 9. TITLE II. Of the Confervative Senate. 15. The confervative fenate is compofed of eighty members, irremovable, and for life, who shall be forty years of age at leaft. For the formation of the fenate, there fhall at firft be named fixty members. This number shall be increafed to fixty-two in the course of the year 8; to fixty-four in the courfe of the year 9; and thus be gradually increafed to eighty, by the addition of two members during each of the ten first years. 16. The appointment of the fitu-. ation of fenator is made by the fenate itfelf, which chooses one out of three candidates prefented; the firft by the legislative body, the fecond by the tribunate, and the third by the chief conful. The fenate may choofe one of two candidates, in the cafe that one of them is propofed by two of the prefenting bodies. The fenate muft admit a perfon who is propofed, on the fame occafion, by all the three authorities. 17. The 17. The chief conful quitting his station, either on the expiration of his functions, or in confequence of refignation, becomes a fenator by immediate right, and of neceffity. The two other confuls, during the month which follows the expiration of their functions, may take a place in the fenate, and are not obliged to avail themselves of this right. They do not poffefs this right at all when they quit their confular functions by refignation. 18. A fenator is for ever ineligible to any other public function. 19. All the lifts made up in the departments in virtue of the 9th article, are to be addreffed to the fenate. They compose the national lift. 20. Out of this lift the fenate chooses the legiflators, tribunes, confuls, judges of caffation, and com miffioners of accounts. 21. It is to maintain or to annul all the refolutions referred to it as unconftitutional by the tribunate or the government. The lifts of eligible perfons are comprehended among fuch refolutions. 22. The revenues of certain national domains to be fixed upon, are to be liable to the payment of the expenfes of the fenate. The annual falary of each member is to be taken out of thefe revenues. It is to be equal to the 20th of that of the chief conful. 23. The fittings of the fenate are not to be public. 24. The citizens Sieyes and Roger Ducos, the confuls quitting their functions, are appointed members of the confervative fenate. They fhall affeinble along with the fecond and third confuls nominated by the prefent constitution. Thefe four citizens fhall appoint the majority of the fenate, which fhall then com plete itfelf, and proceed to the elec tions intrufted to it. TITLE ÍÍÍ. Of the Legislative Power. 25. No new laws fhall be promulgated, but when the project fhall have been propofed by the government, communicated to the tribunate, and decreed by the legislative body. 26. The projects which the government propofes fhall be drawn up in articles. In every stage of the difcuffion of these projects the government may withdraw them. It may produce them anew in a modified ftate. 27. The tribunate is to be compofed of one hundred members, at least twenty-five years of age. They are to be renewed by a fifth part every year, and are indefinitely reeligible as long as they continue on the national list. 28. The tribunate difcufles the project of a law; and votes for its adoption or rejection. It is to fend three speakers, chofen out of its own number, who are to explain and defend its views and motives in either cafe before the legiflative body. It may refer to the fenate, and that folely, on the ground of unconftitutionality, the lifts of perfons eligible, the proceedings of the legiflative body, and thofe of the government. 29. It may express an opinion refpecting laws made, or to be made, refpecting abufes that require correction, refpecting improvements to be attempted in all the parts of the public administration; but ne |