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overstepped the lines fixed on for the two armies. This example, to which it were eafy to annex others of a fimilar nature, ought to have reminded the deputation of the Empire to guard against all kinds of reports, exaggerated or abfolutely falfe, which may have been or fhall hereafter be made to them, uniformly with the hope of exafperating the public mind, and perhaps to withdraw their attention from defigns that are truly hoftile. No one can be ignorant that certain individual hardships are infeparable from a tranfition from a state of war to that of peace. It is not the fault

of the undersigned that this tranfition has not proved happy and rapid; it behoves the deputation of the Empire to become daily more thoroughly convinced, that the moft efficacious labours that can ever be exerted for the folace and for the happiness of nations, are principally and only those that tend to prevent the calamities of war by a speedy pacification; it belongs to the deputation to yield to the withes of the Princes, and of all the inhabitants of Germany, whofe remonftrances, and even whofe complaints, fwell into a cry for peace; then all fubjects of uneafinefs on either fide muft ceafe, and the remembrance of past sufferings will be drowned in the enjoyment of a tranquil and durable profperity.

The minifters plenipotentiary of the French republic, in closing the prefent note, referve themselves exprefsly to what they have declared in their first note of this day relative to the 18 articles annexed to the note of the deputation of the Empire of the 3d March, and to the hints thrown out in the note of the 11th of the fame month.

They affure the minifter plenipotentiary of his Imperial Majesty of their most diftinguished confideration.

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THE deputation of the Empire are of opinion that the following is the answer that fhould be given to the late notes of the French legation of the 28th Fructidor (Sept. 14).

The French notes that were delivered in on the 28th Fructidor (September 14) have made a very agreeable impreffion upon the deputation of the Empire. The fenfible approximation of the French minifters plenipotentiary in fome ellential points of the negotiation has fully confirmed the confolatory hope that is conceived of the happy moment not being far diftant when France and Germany will mutually ftretch out a friendly hand in fign of peace.

The

The deputation of the Empire having uniformly evinced by the most unequivocal endeavours the most ardent and unabated zeal, and proved by the greatest facrifices its defire of accelerating the pacification, could not but feel fome pain and concern, from obferving that these endeavours were always mifunderstood by the French minifters plenipotentiary, and that it was even pretended that the legation looked for an abfolute equality of advantages between the two contracting parties. This equality will be ftill lefs to be prefumed upon, now that the deputation (under the undoubting expectation that the French minifters will on their fide manifeft a reciprocal condefcenfion refpecting points of equal importance, and even in fome meafure of ftill more importance for Germany, and that the demands which have been made will be acceded to) ftrictly acquiefces in the withes of the French legation, and confirms to it, befides the ceffion of the left bank, the iland of St. Pierre, near Mentz, and the demolition of the fortifications of Ehrenbreitstein; but ftill renewing the obfervation that the provisioning of the latter fortress will not, agreeably to the exifting convention, any longer experience any obstructions. The French minifters plenipotentiary having given their affurance, that after the fatisfactory explanation of three points, upon which their last note effentially turned, there would be no difficulty in coming to an agreement respecting the remaining points; the deputation therefore feels a more eager difpofition to co-operate with all its might in the fpeedy explanation of thefe points fo eminently effential, and confequently haften to make the following anfwers to them :

Art. I. The deputation of the Empire not only accepts the renunciation of the French minifters plenipotentiary of the fortifications of Kehl and of Caffel, but it alfo receives with confiderable fatiffaction the affurance that it is their intention to remove and do away altogether every uneafinefs refpecting thefe poffeffions.

But as, in order to give full effect to that intention, it is neceffary that France should renounce all claim to the territories which had been referved, as likewife to all kind of poffeffions and to every point of contact on the right bank of the Rhine, it is confidently expected of the French government (and this point muft be formally infifted upon) that it will alfo accede to this renunciation; and the more fo as the frontiers of France are fufficiently covered and protected by the island of St. Pierre, and the demolition of the fortrefs of Ehrenbreitftein; that the territories held in refervation have no real value; and that the French republic will, by that renunciation, manifeft on its fide an equal defire of removing every thing that could tend hereafter to difturb the harmony and good underftanding which ought to obtain between the two ftates; and that the French republic is on its fide induced, by VOL. VII.

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fully acquiefcing in this point, to remove the principal obstacle that ftands in the way of a pacification.

Art. II. In their last note the French minifters have explained themselves respecting certain debts in a manner which at leatt leaves an opening for a poffible conciliation upon that point; all the advantageous declarations made upon this fubject are therefore previously accepted: but in order to fix and throw light upon a fubject of fuch importance, which involves fo many interefts and fo many individuals, it is neceffary to obferve

1. That the deputation cannot understand by the expreffion of commercial debts, any thing more than the debts of the communes, of the districts of the country, of the towns, baillages, and corporations, and, in a word, the debts that have not been contracted by the state in general, but only by particular corporations, in order to answer their own expenfes and wants. This fort of debts can only be regarded as private debts. They are not pretended to have been incurred in order to answer the exigences of the state. The German landlords have no direct fhare in them; the communal members and the communal property that has been mortgaged are alone liable to be charged with thefe communal debts. The treafury of the ftate had nothing in common with the payment of these debts; they were paid up by the communes that owed them, by the bailiwicks, diftricts, corporations, or by thofe that fucceed them. This fort of debts that have their defined ob. ject cannot therefore be comprised in the prefent difcuffion; nor can there be made, with refpect to them, any diftinction between the debts that have been contracted before or during the prefent

war.

2. The provincial or debts of the ftate have alfo fo many different relations, on account of the diverfity of the territories of the Imperial ftates, that it is necessary to enter into a detailed explanation refpecting them before there can be laid down upon this point any general bafis. The French minifters will be the more inclined to listen to thefe details, as they have declared in their last note, that they coincide with the deputation of the Empire in the fincere intention of bringing to a precife determination whatever regards these debts; that there may not be endlessly perpetuated between the two powers the germ of a complicated difcuffion. The French minifters have repeated, that the debts of the countries ceded shall be transferred to the countries on the right bank ceded by way of indemnification. At prefent the question relates merely to the debts of the prefent lords who fhall obtain other territories in compenfation, or other ftates on the right bank; but the mode in which the debts were contracted in these countries, differs effentially from that in which they were contracted in the others. In one, the ftate has domains; in the other,

not,

not. In the one, the treasury for the domains is abfolutely diftinct from that of the contributions; in the other, no fuch diftinction is known, and the whole is paid into the fame treafury. In fome others where there are two diftinct treafuries, the ftates or the regencies adminifter the revenue in their own perfons; elsewhere, the landlord adminifters both. There are even fome where each treafury has its diftinct adminiftration; and finally, others where the treafuries are without distinction under the fuperintendance of fingle financial chambers. In order, therefore, to come at the knowledge of the real debt of the country, denominated provincial debt, a criterion fhould be established, by which it might appear that the debt had been contracted for the use or wants of the country; then it will be acknowledged a true debt of the country, called provincial debt, with which the country is chargeable. If, on the other hand, after having thoroughly and maturely examined this matter, which in its nature is fo complicated, it should be deemed expedient that fuch of the debts of the country as have been contracted for the expenses of the war, fhould fall upon the objects pledged as indemnities, this exception would require a ftill more precife determination, ftating that these debts have been contracted towards defraying the expenfes of the war carried on against the French republic, and that they have been employed by or for the advantage of the armies. It is likewife proper to obferve, that several states extend along the two banks; it would confequently be requifite, with regard to the debts of these states, to establish a more precife determination. In this cafe it were neceffary, if these debts are not to be proportioned between the divifions of the states (an attempt that would involve great difficulties), to be guided by the contracts of the fpecial mortgage of the creditors, and make chargeable the debt upon that portion of the states which is charged with the fpecial

mortgage.

3. The affurance given by the French minifters, that the rights of their creditors fhall be referved, is fo conformable to the fentiments of the deputation, and to the principles laid down in their preceding communications, that this affurance is received with pleasure, in the hope that it will equally extend to the unreferved and confcientious payment of the capital and intereft, in the manner that these payments have been stipulated between the contracting powers.

Art. III. The declaration made by the French minifters, that the laws refpecting emigrants are not applicable to the ceded countries, not even to Mentz, is regarded by the deputation as a proof of their love of justice; but as it is alfo an undoubted matter, that all the Germanic countries fituate on the left bank of the Rhine, that are to be ceded to France, in the fame manner, and at the fame time, in virtue of the future treaty of peace, ought,

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agreeably to the principles of juftice, to pretend with full confi dence to a treatment perfectly equal and fimilar; as moreover the reunion already agreed upon, and to which nevertheless the French plenipotentiaries feem difpofed to apply the laws relative to emigration, cannot be regarded as finally fettled, until the ceffion of them be made by the Empire; and as the aforefaid laws cannot have a retroactive effect, it may be expected from the equity of the French government, that it will look upon it as an act of juftice, and that it will itfelf declare that the laws refpecting emigration are not applicable to any portion of fuch of the Germanic countries as fhall be ceded to France by a future treaty of peace; but particularly to the poffeflion of the Germanic ftates, and of the members of the nobility of the Empire, not to the other dependants of the Empire in Lorrain, in Alface, and even in France; that this non-application fhall take place for each, without exception, of whatever ftate or condition it may be; and that a redress fhall be obtained for all that may have been otherwife done to the contrary to the prefent hour, to perfons or property. For the reft, as the opinion of the deputation perfectly coincides with that of the French minifters, that, when the aforefaid three principal points fhall be agreed on, the accommodation of the other points and articles ftill in litigation, will not be procraftinated, the deputation will for the prefent confine itself to referving in general its ulterior decifion of the points as yet untouched and undecided, in order to come more fpeedily to the explanation and decifion of the aforefaid principal points. At the fame time it cannot be denied the negotiations for peace have made fuch progrefs, that every measure of fecurity in the countries on the right bank of the Rhine becomes daily more unneceffary for the French republic. In reply then to the French note of the 28th Fructidor, the deputation cannot forbear repeating the demand fo urgently and energetically made in the note of the deputation of the 24th Fructidor, that the French troops fhould be withdrawn from the right bank of the Rhine, where the exactions of the troops increafe daily; and hopes are enter tained, that from the love which the French government bears to juftice, in the prefent ftate of the negotiation, at least fome provifional measures will be taken for withdrawing all thefe troops from the countries above mentioned; that any further requifitions will be fufpended, and that the contributions not yet recovered will not be enforced. By thefe juft difpofitions, that part of the right bank of the Rhine which has fuffered fo much will begin to taste a little the bleffings of peace; for the attainment of which for all Germany, the most fincere exertions have been employed on the fide of the deputation.

The deputation of the Empire are convinced, that, by this anfwer, the definitive pacification will be confiderably advanced;

they

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