sort makes no impression on the public mind. Such indifference cannot be expected on the part of foreigners, who, in this particular, resemble horses introduced from neighbouring counties into the precincts of forest districts, where they are liable to be stung into madness by a peculiar species of gadfly, to which the race bred in the country are from habit almost totally indifferent.
If it be thus with foreigners in general, it must be supposed that from natural impatience of censure, as well as rendered susceptible and irritable by his course of uninterrupted success, Napoleon Buonaparte must have winced under the animated and sustained attacks upon his person and government, which appeared in the English newspapers, and Peltier's Ambigu. He attached at all times, as we have already had occasion to remark, much importance to the influence of the press, which in Paris he had taken under his own especial superintendence, and for which he himself often condescended to compose or correct paragraphs. To be assailed, therefore, by the whole body of British newspapers, almost as numerous as their navy, seems to have provoked him to the extremity of his patience; and resentment of these attacks aggravated the same hostile sentiments against England, which, from causes of suspicion already mentioned, had begun to be engendered in the British public against France and her ruler.
Napoleon, in the meantime, endeavoured to answer in kind, and the columns of the Moniteur had many an angry and violent passage directed against England.2 Answers, replies, and rejoinders passed rapidly across the Channel, inflaming and augmenting the hostile spirit, reciprocally entertained by the two countries against each other. But there was this great disadvantage on Buonaparte's side, that while the English might justly throw the blame of this scandalous warfare on the license of a free press, the chief consul could not transfer the responsibility of the attack on his side; because it was universally known that the French periodical publications being under the most severe regulations, nothing could appear in them except what had received the previous sanction of the government. Every attack upon England, therefore, which was published in the French papers, was held to express the personal sentiments of the chief consul, who thus, by destroying the freedom of the French press, had rendered himself answerable for every such license as it was permitted to take.
NOTE BY M. OTTO.
July 25.
It became speedily plain, that Buonaparte could reap no advantage from a contest in which he was to be the defendant in his own person, and to maintain a literary warfare with anonymous antagonists. He had recourse, therefore, to a demand upon the British Government, and after various representations of milder import, caused his envoy, Monsieur Otto, to state in an official note the following distinct grievances: – First, the existence of a deep and continued system to injure the character of the first consul, and prejudice the effect of his public measures, through the medium of the press: Secondly, the permission of a part of the Princes of the House of Bourbon, and their adherents, to remain in England for the purpose, (it was alleged,) that they might hatch and encourage schemes against the life and government of the chief consul. It was therefore categorically demanded, 1st, That the British Government do put a stop to the publication of the abuse complained of, as affecting the head of the French Government. 2d, That the emigrants residing in Jersey be dismissed from England – that the bishops who had declined to resign their sees be also sent out of the country – that George Cadoudal be transported to Canada – that the Princes of the House of Bourbon be advised to repair to Warsaw, where the head of their family now resided – and, finally, that such emigrants who continued to wear the ancient badges and decorations of the French court, be also compelled to leave England. Lest the British ministers should plead, that the constitution of their country precluded them from gratifying the first consul in any of these demands, Monsieur Otto forestalled the objection, by reminding them that the Alien Act gave them full power to exclude any foreigners from Great Britain at their pleasure.3
To this peremptory mandate, Lord Hawkesbury,4 then minister for foreign affairs, instructed the British agent, Mr. Merry, to make a reply, at once firm and conciliatory; avoiding the tone of pique and ill temper which is plainly to be traced in the French note, yet maintaining the dignity of the nation he represented. It was observed, that, if the French Government had reason to complain of the license of the English journals, the British Government had no less right to be dissatisfied with the retorts and recriminations which had been poured out from those of Paris; and that there was this remarkable feature of difference betwixt them, that the English Ministry neither had, could have, nor wished to have, any control over the freedom of the British press; whereas the Moniteur, in which the abuse of England had appeared, was the official organ of the French Government. But, finally, upon this point, the British Monarch, it was said, would make no concession to any foreign power, at the expense of the freedom of the press.5 If what was published was libellous or actionable, the printers and publishers were open to punishment, and all reasonable facilities would be afforded for prosecuting them. To the demands so peremptorily urged, respecting the emigrants, Lord Hawkesbury replied, by special answers applying to the different classes, but summed up in the general argument, that his Majesty neither encouraged them in any scheme against the French Government, nor did he believe there were any such in existence; and that while these unfortunate princes and their followers lived in conformity to the laws of Great Britain, and without affording nations with whom she was at peace any valid or sufficient cause of complaint, his Majesty would feel it inconsistent with his dignity, his honour, and the common laws of hospitality, to deprive them of that protection, which individuals resident within the British dominions could only forfeit by their own misconduct.6
TRIAL OF PELTIER.
To render these answers, being the only reply which an English Minister could have made to the demands of France, in some degree acceptable to Buonaparte, Peltier was brought to trial7 for a libel against the first consul, at the instance of the Attorney-General. He was defended by Mr. Mackintosh, (now Sir James,)8 in one of the most brilliant speeches ever made at bar or in forum, in which the jury were reminded, that every press on the continent was enslaved, from Palermo to Hamburgh, and that they were now to vindicate the right we had ever asserted, to speak of men both at home and abroad, not according to their greatness, but their crimes.
The defendant was found guilty; but his cause might be considered as triumphant.9 Accordingly, every part of the proceedings gave offence to Buonaparte. He had not desired to be righted by the English law, but by a vigour beyond the law. The publicity of the trial, the wit and eloquence of the advocate, were ill calculated to soothe the feelings of Buonaparte, who knew human nature, and the character of his usurped power, too well, to suppose that public discussion could be of service to him.10 He had demanded darkness, the English Government had answered by giving him light; he had wished, like those who are conscious of flaws in their conduct, to suppress all censure of his measures, and by Peltier's trial, the British ministers had made the investigation of them a point of legal necessity. The first consul felt the consciousness that he himself, rather than Peltier,11 was tried before the British public, with a publicity which could not fail to blaze abroad the discussion. Far from conceiving himself obliged by the species of atonement which had been offered him, he deemed the offence of the original publication was greatly aggravated, and placed it now directly to the account of the English ministers, of whom he could never be made to understand, that they had afforded him the only remedy in their power.
The paragraphs hostile to England in the Moniteur were continued; an English paper called the Argus, conducted by Irish refugees, was printed at Paris, under permission of the Government, for the purpose of assailing Britain with additional abuse, while the fire was returned from the English side of the Channel, with double vehemence and tenfold success. These were ominous precursors to a state of peace, and more grounds of misunderstanding were daily added.
The new discussions related chiefly to the execution of