In the mean time it is to be obferved, that the ceflion on one fide, as well as the other, muft neceffarily be conditional, and can never become a reciprocal engagement till the previous conditions have been fulfilled, or the parties fhall have perfectly underflood and agreed upon them. It is upon this fuppofition alone that the confiderable ceffions made by the deputation of the Empire can be admitted or determined.

When the deputation of the Empire demanded on the part of that power with whom they were in treaty, whether he would afterwards form new pretenfions, fuch a demand was natural, and its object was to serve as a guide to their future deliberations and conceffions. In no refpect could it be deemed improper, or capable of an unfavourable conftruction. When a ftate is in poffeffion of frontiers fixed and acknowledged, it may, with the greatest propriety, adopt measures for the fafety and protection of those frontiers; but it cannot with juftice form pretenfions, which, in the opinion of the whole world, and the conviction even of those who make the demand, muft evidently destroy the security of the frontiers oppofite to them.

We ought to hope and expect from a powerful ftate, that it would weigh its ftrength in the fame fcale with fentiments of justice, and that it would not entirely lofe fight of the latter in fine, that it would not require of Germany abfolutely to place itfelf not merely in a defencelefs ftate, but to extend inquietude and affliction even to its befom. We are the more juftified in expecting fuch a line of conduct on the part of France, under the prefent circumftances, inafmuch as in the laft note of the French legation, we find the pacific affurances, already made at different times, renewed.

It has been fo often proved that the Empire was not the aggreffor, that it would be ufelefs to repeat it. We cannot therefore fee, without the greatest concern, that excufes are fought for, to justify the hard and impoffible conditions wifhed to be impofed on Germany. France acquires by the Rhine fuch frontiers on the fide of Germany, that he would have no occafion to refort to any other measures of fafety, whilft, if they extended to the oppofite bank, they would entirely deftroy the fafety of Germany, if we compare this ftate with France; and it is the more unreasonable, as the demand of the limit of the Rhine had for its formal bafis the fecurity of both states.

The ceffions made to France would alfo procure it fuch an indemnity as Germany affords no example of, and must excite the aftonishment of pofterity: and as from the expreffions contained in the French note, the pretenfions yet in difpute are not made with any view of aggrandizement, there ought, from the fame motive of reciprocal fecurity for which it was alleged they were urged, to be the lefs objection in defifting from them. Befides,

if

if the limits of the Rhine are to be confidered as a band of confidence, and a pledge for the future tranquillity of the two nations, as the laft French note expreffed, it is abfolutely impoffible, from the nature of the thing, that France fhould have poffeffions on its right bank. We are perfuaded that the French legation is thoroughly convinced of this, becaufe fuch a conviction is an innate fentiment that cannot be deftroyed; and becaufe, in all the declarations hitherto made by the French minifters, and given in abftract in the votes of Auftria in the 44th fitting, it is formally and literally stated, that they demand the Rhine as a boundary, to preferve the tranquillity and fecurity of the two ftates.

After thefe obfervations, Auftria refers herfelf wholly, and in all points, to the vote given in the 49th fitting, and the proposes to renew with the French minifters plenipotentiary the fame amicable reprefentations and propofitions made in that fitting; briefly appealing to the remarks juft made on the laft French note. We cannot renounce the hope that France, if the means to grant peace, will adopt fentiments of juftice and moderation; the more fo, as Germany has done all that it is poffible for her to do; confequently the may and ought to hope to obtain a peace, which will at leaft procure a degree of tranquillity and fafety conformable to circumftances, and will confole her for the unexampled miferies experienced during this long war.

Although we entirely refer to the vote given in the 49th fitting, we think it our duty to make fuch obfervations upon the points contained in the laft French note, as are neceffary to fhow the grounds of the undermentioned vote.

ift. Relative to the free navigation and the tolls taken on the Rhine, we repeat, that we will accede without referve to the decifion of the deputation on this fubject; for there is not, nor can there be any question respecting the other rivers that do not empty themselves into the Rhine, nor confequently of those that flow through the Auftrian monarchy.

2d. Auftria fhould infift upon the principle of the Thalweg, as it is the mode of divifion immemorially ufed with regard to rivers. France herfelf acknowledges it, and adheres to it; but there ought to be no exception to it; and in confequence of the late representations of the deputation, we are led to hope, from the juftice of France, the ftrict acknowledgment of the Thalweg, without excepting the island of St. Pierre; and the more fo, as, fhould France keep this ifle, the reciprocal fecurity established as the bafis would otherwife be deftroyed on the right bank of the Rhine.

3d. Caffel was before the war in a defenceless state. Every one knows that this place formed no part of the fortrefs of Mentz, or its works. If Caffel does not continue to belong to the right bank of the Rhine, what fecurity is there for the countries of the

Mein, whofe environs unite with thofe of the Rhine; or what fecurity is there even for all Germany?

As in the French note all the redoubts of Kehl are renounced, there is not a doubt but on this point every thing will remain as before the war.

Every state should provide for its own fafety. The fortress of Ehrenbreitstein is the only bulwark remaining in Germany; and as France had not before the war ftrong places which entirely commanded the right bank of the Rhine, fhould this vaft state be put in poffeffion of them now, when the Empire is more and more enfeebled?

We ought confequently to demand, that energetic reprefentations, on the fubject of the three points above alluded to, fhould be repeated; and for this reafon we cannot confent to the demolition of the fortrefs of Ehrenbreitftein. We make this formal obfervation, referring to the precife declarations already made on this fubject.

4th. We have already explained ourselves, in the 44th and 45th fittings, relative to the bridges; and we perfift in the fame declaration. There are at prefent two bridges for the purposes of commerce, and new ones would become, in a military view, dangerous points of communication; for the paffage of the river would thereby become more easy. Befides, we ought to confider how far the proprietors of land on its banks would confent to the eftablishment of fuch bridges, in cafes where they might conceive them detrimental to their intereft or their fafety.

5th. The French legation, in their note of the 4th Meffidor (June 22), in confequence of the interference of the deputation, appeared a little more reasonable with regard to the immediate nobleffe, and its members on the left bank of the Rhine, not ftates of the Empire. But in its laft note of the 1ft Thermidor (July 29), it made no fatisfactory anfwer to the new reprefentations of the deputation, relative to the immediate nobleffe (who are at the fame time states of the Empire) preferving their poffeffions. We cannot however renounce the hope, that the French legation will alfo accede to this point, fince this demand is founded on the fame motive as the former: another confideration is, that the goods and poffeffions of the immediate equeftrian order are frequently more or lefs confiderable than thofe of the states of the Empire. All thefe confiderations fhould form the objects of new reprefentations.

6th. In the 44th fitting the fubject was opened relative to the transfer of debts. This point is effential to the future existence of Germany. We are, however, difpofed to accede to whatever the deputation of the Empire fhall judge proper to decree on this fubject. We only mention it with regard to the general interest.

VOL. VII.

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7th.

7th. Auftria has, for a long time, and at a great expenfe, fupported the Italian fiefs; and it is only by the facrifice of its ftates in this part (in the treaty of peace concluded at Campo Formio), that she has advanced and accelerated the opening of the negotiations for peace with the Empire. For this reafon it ought to be left to the Empire to determine when and how this object should be treated. Auftria not only will accede to this point, but will recommend it to the deputation, fince it will contribute to the conclufion of a general peace.

Auftria has already made a previous declaration, in the 49th fitting, touching the Auftrian Frickthal. We add the following obfervations, referving fuch further declarations as may be neceffary.

The portion of country known by the denomination of the Frickthal is part of the Auftrian country of Brifgau; it is fituated between Zurzach and Bale; its frontiers on the right bank of the Rhine are the four foreft towns; and on the left bank, Switzerland; it is thereby entirely feparated from the French territory. Thus in the demand made by the French legation, for the Rhine to be the boundary between Germany and France, there could be no doubt with refpect to the Frickthal, for its geographical pofition feparates it on all fides from the French territory. It is therefore, without referring to this country, that the deputation of the Empire (without the confent of Auftria) has acceded, fubject to the previous conditions and modifications, to the demands of the French legation in adopting the boundary of the Rhine. The French legation, in their note of the 2d Ventofe (February 20), a period when the left bank of the Rhine was not ceded, faid, that the bafis of the negotiation, that is, the boundary of the Rhine, leaving the republic only what it poffeffed, would guarantee the future tranquillity of the two ftates.

This is a fresh proof that the French minifters, in demanding the ceffion of the boundary on the left bank of the Rhine, did not understand, nor could they have understood, all the countries which had been actually occupied by their troops during the war. As the Frickthal cannot in any point of view, or under any pretext, be comprifed among thefe countries, Auftria, confiding entirely in the juftice of the deputation of the Empire, expects it will conduct itfelf relative to this fubject, upon the principles juft laid down, and which are founded in the nature of the thing; and that if it fhall be convinced this portion of country belonging to the hereditary Auftrian ftates, fhould be the fubject of a negotiation, it ought not to be conducted by the deputation, but should be directly treated of between Auftria and France.

We are not only fenfible of the duties of the circle of Auftria, but we have always fulfilled them with a patriotic zeal, and have constantly adopted a line of conduct, as members of the deputa

tion of the Empire, conformable to thofe duties. On the other hand, the relative fituation of Auftria with that of the Empire, the privileges and attributes of that house, are alfo, known and determined. Auftria knows how to defend her rights and hereditary property.

As to what concerns the ecclefiaftical dependencies, of whom the French minifters made mention in their note of the 4th Meffidor (22d June), and the fubject referred to by the deputation in their last note, it would be better to repeat the demand, as the last French note contains nothing fatisfactory on this point.

Conclufum of the Deputation of the Empire of the 7th of Auguft, in Answer to the Note of the French Minifter of the ft Thermidor.

THE deputation of the Empire could not obferve without fatisfaction, in the note of the French plenipotentiaries of the ift Thermidor, that further relaxations were acceded to refpe&ting different points of the negotiation; it has alfo feen, with confiderable pleasure, the folemn and reiterated declaration, that it was not the intention of the French government that the independence of the Empire fhould be threatened or exposed; that, on the contrary, it was their earneft defire that this independence fhould acquire more ftrength and folidity. Thefe intentions, manifefted on the part of the French government, joined to the formal and reiterated affurances of their ferious difpofition towards a fpeedy conclufion of peace, afforded ftill farther hopes, that the relations of amity between the two nations, in order to fecure which the Germans have recently confented to the greatest facrifices, might foon be happily re-eftablished, notwithstanding the difference of opinion that ftill exifts upon a variety of matters. The French note of the 1ft Thermidor begins with fome preliminary obfervations relative to the mode of proceeding hitherto purfued. The deputation on their fide think it neceffary to make, in answer to it, a few counter-observations.

The French minifters feem to look upon the ftarting of new demands immediately following thofe that have been difcuffed, as the fimple effect of the progreffion of ideas, and as the fucceffive developement of their plan: they pretend that they have never renounced the idea of bringing forward fresh demands. The deputation of the Empire have uniformly been perfuaded, on the contrary, that the question would be continually declined and evaded; that it would be impoffible to take in and comprehend the whole; and that the negotiation could never arrive at a fixed point, if the propofed conditions of peace were continually to be followed up by new ones. It was merely in this view that the deputation, previous to their agreeing to any bafis of pacification. requested in their note of the 10th of February of the p 302