to, they leave no ground of law to the subject: they become complete and most dangerous instruments in the hands of the governing power, which, in the midst of a cause, or on the prospect of it, may wholly change the rule of decision. If these orders of the National Assembly come to be contrary to the will of the people who locally choose those judges, such confusion must happen as is terrible to think of. For the judges owe their place to the local authority; and the commands they are sworn to obey come from those who have no share in their appointment. In the mean time they have the example of the court of Chatelet to encourage and guide them in the exercise of their functions. That court is to try criminals sent to it by the National Assembly, or brought before it by other courses of delation. They sit under a guard, to save their own lives. They know not by what law they judge, nor under what authority they act, nor by what tenure they hold. It is thought that they are sometimes obliged to condemn at peril of their lives. This is not, perhaps, certain, nor can it be ascertained; but when they acquit, we know they have seen the persons whom they discharge, with perfect impunity to the actors, hanged at the door of their court.

The Assembly, indeed, promises that they will form a body of law, which shall be short, simple, clear, and so forth: that is, by their short laws, they will leave much to the discretion of the judge; whilst they have exploded the authority of all the learning which could make judicial discretion (a thing perilous at best) deserving the appellation of a sound discretion.

It is curious to observe, that the administrative bodies are carefully exempted from the jurisdiction of these new tribunals: that is, those persons are exempted from the power of the laws, who ought to be the most entirely submitted to them. Those who execute public pecuniary trusts, ought of all men to be the most strictly held to their duty. One would have thought, that it must have been among your earliest cares, if you did not mean that those administrative bodies should be real sovereign independent states, to form an awful tribunal, like your late parliaments, or like our king's bench, where all corporate officers might obtain protection in the legal exercise of their functions, and would find coercion if they trespassed against their legal duty. But the cause of the exemption is plain. These administrative bodies are the great instruments of the present leaders in their progress through demo-` cracy to oligarchy. They must, therefore, be put above the law. It will be said, that the legal tribunals which you have made are unfit to coerce them. They are, undoubtedly. They are unfit for any rational purpose. It will be said too, that the administrative bodies will be accountable to the general assembly. This I fear is talking, without much consideration, of the nature of that assembly or of these corporations. However, to be subject to the pleasure of that assembly, is not to be subject to law, either for protection or for constraint.

Has more wisdom been displayed in the constitution of your army than what is discoverable in your plan of judicature? The able arrangement of this part is the more difficult, and requires the

greater skill and attention, not only as a great concern in itself, but as it is the third cementing principle in the new body of republics, which you call the French nation. Truly it is not easy to divine what that army may become at last. You have voted a very large one, and on good appointments, at least fully equal to your apparent means of payment. But what is the principle of its discipline? or whom is it to obey? You have got the wolf by the ears, and I wish you joy of the happy position in which you have chosen to place yourselves, and in which you are well circumstanced for a free deliberation, relative to that army, or to any thing else.

The minister and secretary of state for the war department is M. de la Tour du Pin. This gentleman, like his colleagues in administration, is a most zealous assertor of the revolution, and a sanguine admirer of the new constitution, which originated in that event. His statement of facts, relative to the military of France, is important, not only from his official and personal authority, but because it displays very clearly the actual condition of the army in France, and because it throws light on the principles upon which the Assembly proceeds in the administration of this critical object. It may enable us to form some judgment how far it may be expedient in this country to imitate the martial policy of France.

M. de la Tour du Pin, on the 4th of June last, comes to give an account of the state of his department, as it exists under the auspices of the National Assembly. No man knows it so well; no

man can express it better. Addressing himself to the National Assembly, he says, "His majesty has this day sent me to apprise you of the multiplied disorders of which every day he receives the most distressing intelligence. The army (le corps militaire) threatens to fall into the most turbulent anarchy. Entire regiments have dared to violate at once the respect due to the laws, to the king, to the order established by your decrees, and to the oaths which they have taken with the most awful solemnity. Compelled by my duty to give you information of these excesses, my heart bleeds 'when I consider who they are that have committed them. Those, against whom it is not in my power to withhold the most grievous complaints, are a part of that very soldiery which to this day have been so full of honour and loyalty, and with whom, for fifty years, I have lived the comrade and the friend.

"What incomprehensible spirit of delirium and delusion has all at once led them astray? Whilst you are indefatigable in establishing uniformity in the empire, and moulding the whole into one coherent and consistent body; whilst the French are taught by you, at once the respect which the laws owe to the rights of man, and that which the citi zens owe to the laws, the administration of the army presents nothing but disturbance and confusion. I see in more than one corps the bonds of discipline relaxed or broken; the most unheard-of pretensions avowed directly and without any disguise; the ordinances without force; the chiefs without authority; the military chest and the colours carried off; the authority of the king himself

[risum teneatis] proudly defied; the officers despised, degraded, threatened, driven away, and some of them prisoners in the midst of their corps, dragging on a precarious life in the bosom of disgust and humiliation. To fill up the measure of all these horrors, the commandants of places have had their throats cut, under the eyes, and almost in the arms, of their own soldiers.

"These evils are great; but they are not the worst consequences which may be produced by such military insurrections. Sooner or later they may menace the nation itself. The nature of things requires, that the army should never act but as an instrument. The moment that, erecting itself into a deliberative body, it shall act according to its own resolutions, the government, be it what it may, will immediately degenerate into a military democracy; a species of political monster, which has always ended by devouring those who have produced it.

"After all this, who must not be alarmed at the irregular consultations, and turbulent committees, formed in some regiments by the common soldiers' and non-commissioned officers, without the knowledge, or even in contempt of the authority of their superiors? although the presence and concurrence` of those superiors could give no authority to such monstrous democratic assemblies (comices).”

It is not necessary to add much to this finished picture; finished as far as its canvass admits; but, as I apprehend, not taking in the whole of the nature and complexity of the disorders of this military democracy, which, the minister at war truly