eclaration a fpirit appears, which ould fcarcely be expected in their orlorn circumftances. After expatiating pathetically upon the five years of fcourge and defolation which have ruined the country, whole miferies arofe in proportion tothe interpofition of foreign courts, the number of their troops, and the length of time which they were in it, every argument is made ufe of in oppofition to the prefent meafures, which reafon and juftice can urge againft force and injuftice. The rights of the republic are refted, upon long and uninterrupted poffeffion, ayowed and maintained by the moft folemn treaties, and guarantied by the greateft powers in Europe; all of which are particularly pointed out. The queftion is then put, what titles the three powers can oppofe, to rights fo long eftablished, and fixed upon fuch authentic and folid foundations? If they are titles dug out of the obfcurity of ancient times, thofe times of fudden and momentary revolutions, which erected and deftroyed, ceded and restored states, in a few months or years; fuch titles, if admitted, would re-unite to Poland many provinces which formerly belonged to her, but which have been for many years occupied by the very powers who now make thefe pretentions. And that as it is undeniable, that all transactions whatever, are annihilated by fubfequent ftipulations, and as all the latter ftipulations between Poland and her neighbours, oppofe directly the partition they now would make, it follows, that the titles on which that partition is founded, cannot be admitted, without undermining the rights of every State, and thaking every throne from its foundation.

It concludes with a declaration

in the king's name, that the conduct of the three courts, is unjuft, violent, and contrary to his lawful rights: he appeals to the treaties, and to the powers who are guarantees of the kingdom; he finally appeals to the almighty, at whofe feet he lays his rights, and puts his caufe into his hands; and lastly, protefts folemnly, and before the whole univerfe, against every step taken, or to be taken, towards the difmembering of Poland. This declaration and proteft was figned by the great chancellors of Poland ani Lithuania.

The foregoing piece did not fail to excite the highest indignation in the partitioning powers. It is probable they did not imagine that the king and the fenate, when they had properly confidered, as the King of Pruffa emphatically expreffes it, "the circumftances attending their demands," would have ventured upon an appeal to reafon, juftice, mankind, and the almighty. As the court of Vienna had feemed to act only a fecondary part in the first tranfaction, it was now thought proper that it fhould take the lead upon the prefent occafion. The imperial Dec. 14th. minifler accordingly prefented a declaration, in which the Emprefs-qucen expreffes the moft unspeakable aftonishment at the little impreffion made upon the King of Poland by the former manifetto, which, was intended to accelerate a definite arrangement between the epublic and the three neighbouring powers, touching the pretenfions formed by them on Poland; pretenfions, which the effential interefts of their crowns will not permit them to expofe to the hazard of future contingencies; [C] a

that

that the juftice and dignity of the three courts prefcribe bounds to their moderation; a truth which is ftrongly recommended to the attention of his Polifh majefty, and which can neither efcape his difcernment, nor be indifferent to his heart, if the cries of his people have any influence there. It is therefore hoped that he will not expofe his kingdom to events, which must be the confequences of his delay to affemble a diet, and enter on a negociation, which alone can fave his country, and reftore vigour to the constitution of the republic, which has received fo many, and fo dangerous fhocks.

Such was the language held to a once free and great ftate, and the treatment to which it was obliged to fubmit. Unhappy that country indeed, whofe active principle is become weak, and which is lulled into fecurity, from a vain dependence on the luftre of its former actions. Its being harmlefs, inoffenfive, and even useful to its ambitious neighbours, will be a poor plea in its favour.

Nothing less than the defperate ftate of public affairs, and the hopes that arise from the fmallest delay, to those who are in the utmoft extremity of distress, could have excufed the effect which thefe menaces produced in the courtof Warfaw. What would be the height of rashness, in certain cafes, becomes prudence in others, even among common men; and there are fituations, in which dignity is, perhaps, the only thing left, that is worth a king's remembrance. Little was now to be hoped for, either from the lenity or the juftice of the confederate powers; and the eagerness they thewed, to obtain fome appearance

of a legal fanction to their ufurpations from the fuffrages of a diet,would have warranted a confiderable degree of perseverance in refufing to comply with their demands; but it would feem, as if the infolent menaces, and haughty tone of their arbitrary mandates,would have excufed, if not justified, the most inflexible obftinacy in fuch a refusal. The unfortunate king and his council, were, however, fingle and alone, furrounded by their enemies, and abandoned by all the rest of mankind: the refolution must be firmly braced indeed, which will not fink in such a situation.

An anfwer wns ac- Dec. 14th. cordingly returned in a few days, in which the king declares, that with a view of taking away all pretext of aggravating the evils which afflict Poland, and under the hopes, that this mark of regard will operate on the generofity of the three powers, fo as to induce them to put a speedy end to the prefent troubles, in a manner the moft equitable and advantageous to the republic, he will comply, as far as it is in his power, with their defires refpecting the convocation of a diet. That in confequence thereof, he had issued circular letters for the convocation of a full council of the fenate, which muft indifpenfably precede the fummoning of a diet; and had fixed their meeting to the 8th of the enfuing February; a term, which leaves no more than the time abfolutely neceffary for the arrival of the distant fenators.

During these transactions, the Poles fuffered more than the miferies of war or of conqueft. In these cafes, upon the taking of a town, or the fubjection of a province, it

is

is ufual among civilized nations, to afford protection and full fecurity to the inhabitants during the continuance of the war; and though they are not to hold any correfpondence, or enter into any engagements to the prejudice of the conqueror, it is neither expected or propofed, that they thould renounce their former allegiance, until their original government difcharge them from it upon a peace, by a ceffion of its rights; even in thofe circumftances, fuch as do not chufe to live under a new government, are allowed a reasonable time to difpofe of their lands and effects, and to depart in all fafety. It muft generally happen, that fome of thofe who have the principal poffeffions in the country, are in arms against the enemy, and continue fo to the end of the war, and from their knowledge of the country, and intereft in it, are more troublesome and dangerous to the conquerors, than any others. Their eftates are accordingly fequeftered during the war, and are liable to heavy contributions, and perhaps to plunder; but they are never confidered as forfeitures, nor are their owners fuppofed guilty of treafon, for doing their duty in the fervice of their country. Upon the return of peace, they are allowed an equitable option, either to keep their lands, and fubmit to the government of the conqueror, or to difpofe of them, and follow the fortunes of their ancient lords; the rights of individuals being still so far refpected, as to confider each man a free agent, in the alternative of fubmitting to a new government, previous to the utter diffolution of the old; and without fuch fubmiffion or acknowledgment, no act of his, is con

Conquerors

fidered as treafon. have alfo found it their intereft, to indulge the new fubjects, under the mark of tenderness and equity, with the prefervation of fuch of their ancient laws and customs, as do not feem inconfiftent with the fafety of the state; the utility of this practice being in itfelf fo evident, and fo fully confirmed by experience, that it is in general received as an established system of policy.

In Poland, however, all the barriers that have been erected in the various hiftory of mankind, to protect individuals, orto alleviate the calamities to which they are liable, in those wars that too frequently arife, from the rage, the folly, or the ambition of their rulers, have been torn up, and totally overthrown. No formal diffolution has taken place, of the government of that country, nor is any fuch defign acknowledged. No war fubfifts between the republic, and any of the partitioning powers; nor has the ceded any of her territories, nor made a renunciation of any of her rights to them. In this fituation of things, great provinces are feized, without any natural or hereditary claim to the fubmittion of the people, being fo much as pretended; but on the contrary, they are rather reprefented as equivalents, for fome other claims with which they are not acquainted, and for fome other people and provinces, for whom they are not anfwerable. The people, who are no judges of claims of this nature, and have not power to decide on them if they were, muft naturally leave them to the difcuffion of the governments on both fides, and patiently await their determination: and

fhould be confidered in the intermediate time, merely, as paffive neutrals, that in this uncertain ftate of fovereignty, must submit to the ordinances of thofe in prefent poífettion, without doing any thing that might incur the immediate refentment of power on the one hand, or the legal punishments of their natural government on the other.

No fuch attention was now to be paid, either to the laws of nations, or to the rights of individuals. The inhabitants, without being abfolved from their natural government, or having any fecurity againft her indignation, if the was enabled to fhew it, are compelled, under pain of confifcation, and all the other penalties that power can inflict, to renounce their natural allegiance, break their former oaths, and take new ones at a fhort warning to firangers. The unhappy nobility, who are the lords of the foil, are at the fame time difperfed throughout Europe, having fled for refuge to different countries, to avoid the calamities and horrors of their own; and if they were dif pofed to comply with the conditions, could not poffibly do it in the time prefcribed. Some of them hold high offices under the crown, or have eftates in countries not yet claimed, all of which would be liable to forfeiture, and themselves to the penalties of high treafon, in cafe of their compliance.

We have already feen, that the cities of Dantzick and Thorn, were exempted by the king of Pruffia, from thofe claims which he laid on the neighbouring countries, and that the three powers renounced in the manifefto, all claims of whatever nature, except thofe which were to be announced in the fpeci

fications. These cities, however, foon experienced, that claims were no more neceflary to that prince, than declarations and renunciations were binding upon him. He be gan by feizing on the territories belonging to Dantzick, under pres tence of their having been formerly part of Polith Pruffia; and that though they had been alienated and ceded to the city by the kings of Poland, thofe alienations were void, for that having been made at a time, when the province and town were under the fame prince, the reafon of making them cealed, now that they were under different mafters. Under this pretext, he feized upon the little ifland of Holm, and upon two peninfulas that run into the harbour, together with the fuburbs called Scheidlitz, and Scarpau, the diftrict of Nehring, and the canal called the Tahrwaffer. He had already seized, as acknowledged parts of Polish Pruffia, an angle of the port, called Pubzitzer Winkel, the fuburbs of the city, called Scotland, Hoppenbruck, and Holland; a little town called Stoltzemberg, a village called Longfauhre, and the Abbey of Oliva, with all its dependencies. By these feizures he effectuallycommanded the town, being master of all the heights about it, and of its gates, works, and harbour.

He now gave foreign nations an early fpecimen, of the fecurity which they were to expect in commercial matters, when he became eftablished in the full poffeffion of the fea coafts. Befides feizing on the port duties belonging to Dantzick, he erected a custom-house on the harbour, where he laid infupportable duties at will, upon all goods, whether exports or imports.

The

The mafters and owners of veffels having refused to pay this arbitrary tribute, thirty-five of their fhips were at one time ftopped; the foreign minifters and confuls, applied in vain for redress upon this occafion, fo that all commerce was fuppreffed, and all bufinefs entirely ftagnated, till at length the merchants were obliged to comply with the neceffity which they could not oppose.

The English merchants had at all times great privileges at Dantzick; which were still farther increafed and confirmed, by a treaty concluded between Queen Anne and that city, in the year 1707By this treaty, among many other advantages to our merchants, they were allowed to have magazines and warehouses of their own, to keep their goods in them as long as they pleafed, and to difpofe of them as they found the markets in their favour; they were alfo allowed at certain seasons, to difpofe of their goods to ftrangers, as well as to citizens; and the importation of British commodities of all denominations, without exception, was permitted, at fixed, and very low duties. It was alfo ftipulated, that no advantages fhould hereafter be granted to any other nation, but which should at the fame time, be communicated in its fullest extent to the English. This treaty was afterwards confirmed in all its parts, by the 13th article of the treaty of Utrecht.

As this city was the great mart of the extenfive kingdom of Poland, our trade thither was accordingly very confiderable. Our exports of tobacco in particular, in every fpecies of its manufacture, probably exceeded those to any other coun

try. We alfo fent fugars there in great quantities, and through the extreme indolence of the Poles, they were perhaps the only foreigners that purchafed that commodity from us, in its moft refined and highest state of manufacture. They alfo took confiderable quantities of our woollen goods and hardware, betides malt liquors, pimento, ginger, pep. per, rice, coffee, leather, lead, tin, fea coals, and other commodities.

Neither the treaty we have mentioned, nor the flag of the first inaritime power in the world, were fufficient to preferve our merchants, from the avidity with which this new opportunity of extortion, was feized by the King of Pruffia. He augmented the duties fo highly, upon tobacco in particular, that they amounted nearly to a prohibition; in direct violation of the first and fecond articles of the treaty of Queen Anne, by which it is exprefsly ftipulated, that the duties fhould at all times remain as they were then fixed, and British goods be fubject to no other payment whatfoever. He alfo erected a new maritime company, to whom he granted an exclufive monopoly of the importation and exportation of falt in their own veffels; which was equally repugnant to that treaty, by which the English are allowed to import and export falt in their own bottoms. To another commercial company of his own erection, he granted a monopoly of bees-wax, which is a confiderable article of trade in thofe countries. At the fame time our merchants were obliged to pay the duties immediately upon the arrival of the ships, and even before they were admitted into the harbour; the Pruffian officers having refufed the joint fecurity [C 4] of