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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 persons; elsewhere, the landlord adminifters both. There are even fome where each treafury has its diftinct adminiftration; and finally, others where the treafuries are without diftinction 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 such 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 feveral ftates 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 thefe debts are not to be proportioned between the divifions of the ftates (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 ftipulated 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 also 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, 3 R 2
agreeably to the principles of juftice, to pretend with full confi dence to a treatment perfectly equal and similar; 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 justice, and that it will itself declare that the laws refpecing 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 states, 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 present hour, to persons 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 speedily 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 entertained, that from the love which the French government bears to juftice, in the prefent ftate of the negotiation, at leaft 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 confidently flatter themfelves then, that the French plenipotentiaries will accede to it. The plenipotentiaries of the deputation of the Empire prefent, Electors, Princes, and States, recommend themfelves for this effect to the Imperial legation.
Subftance of the Vote of Auftria in the Sitting of the 20th September.
THE most unhappy events of nine ages have not injured the Germanic body fo much as the ceffions made within the last nine months, on the left bank of the Rhine, by the deputation of the Empire. By thefe, France acquires a population of more than two million of fouls, an annual revenue of more than nine millions, and the finest and most fertile part of Germany, befides the inestimable advantages offered by the Rhine, in a military and commercial point of view. The majority of the deputation has, moreover, confented to the demolition of the fortrefs of Ehrenbreitstein, upon the conditions declared in the conclufum of the 7th of Auguft, and has alfo fhown a difpofition, contrary to the adopted principle of the Thalweg, to cede the important island of St. Pierre, near the right bank of the Rhine. All this clearly fhows that the deputation has not continued in a wavering state, and that Germany has made many facrifices. The delegates of Auftria therefore require that every place on the right bank of the Rhine, and every thing appertaining thereto, fhould remain to the German Empire.. As to the debts, they will readily accede to whatever the deputation fhall further determine on this fubject. With refpect to the emigrants, they must remark, that thofe who abandoned their homes, driven by the diftreffes of war, at a time when the feparation or ceflion of thefe countries was not thought of, have no right to be fubjected to the French laws on emigration. They alfo recommend it to the deputation to intercede with the French minifters for the unfortunate inhabitants of the bifhoprics of Bafle, Liege, and Strafbourgh, and all others fimilarly fituated.
Subftance of the Note of the French Minifters of the 3d October, in Anfwer to the Conclufum of the Deputation of the Empire of the 22d September.
THE French minifters congratulate the deputation on its return to the true intereft, to the real and prefling want of Germany, a peace with France. The grand ftep taken for this purpose after the ceffion of the left bank of the Rhine, is that of the island of St. Pierre, and the demolition of Ehrenbeitstein. The moment is come of determining, by decifive acts, the alternative of peace or war. It would not have delayed it fo long,
if it had confidered the influence of French principles in cafe of a rupture. The Executive Directory have thown a condefcending dignity, and a moderation unexampled, on the part of a victorious power; they will fupport that character, by restoring the territories of Kehl and Caffel. This is the price at which the deputation must accede to the following articles:
1. The delimitation of the courfe of the Rhine and its islands, and the liberty of the navigation of that river.
2. The fuppreffion of the toll of Elsfleth, upon the Wefer, as being a restraint on our commerce with Bremen; and the conservation of their political existence and conftitutional independence to the cities of Bremen, Hamburgh, and Franck fort.
3. Liberty to establish bridges, purely commercial, on two points of the Rhine.
4. The renunciation of every demand contrary to the French conftitution in favour of the immediate nobility.
5. The article of debts fhall remain as it is. But the republic will charge itself with fuch of them as are for the particular advantage of the countries become French.
6. The laws on emigration fhall not be applicable to the countries now ceded to France, nor to Mentz; but they shall be in full force in the united countries.
7. The republican troops fhall repafs to the left bank of the Rhine, immediately after the pacification. Until then, they are to remain in their prefent pofition.
8. The Empire fhall confent to the ceffion of Frickthal, and of all the places in that country, and in those belonging to the Italian republics.
9. The French republic, and thofe of Italy, fhall renounce, on their part, all pretenfions to the remaining countries in Germany. They fhall treat feparately on the fubject of the particular engagements contracted by France with the German Princes during the war.
10. Befides the demolition of Kehl and Caffel, the Empire muft undertake not to erect any fort or entrenched camp at a lefs distance than fix kilometers, or three thoufand toifes, from the right bank of the Rhine.
If thefe conditions fhould not be accepted without delay, the conditional promife of restoring the territories of Kehl and Caffel fhall be null and void. Such a rejection would fhow the Empire wishes for war.
Note delivered by the Pruffian Minister to the French Legation.
THE underfigned minifter plenipotentiary of his Majesty the King of Pruffia has feen with peculiar fatisfaction, from the last note of the plenipotentiary citizens minifters of the French re
public, that, induced by the strong reafons urged by the deputation of the Empire, they have given up their claim of the territories of Kehl and Caffel; and that they reftricted themselves, with fome modifications, to the boundary of the left bank of the Rhine. The King cannot but exprefs his approbation of this conceffion of the French Directory, which is of fo much confequence to the future tranquillity of Germany; but in the fame note there are objects relative to which his Majefty finds his juft expectations disappointed. Of this kind, among others, is the circumftance that the old courfe of the Rhine, in the middle of the tracking or navigation way, fhall be ftrictly held to be the boundary on each fide, by which all the declarations contained in an official note from his Majesty's minifter, of the date of the 19th of June, are difregarded. As fuch a claim muft militate. against the wishes and interefts of his Majefty, the undersigned is convinced that the minifters plenipotentiary of the republic, when they confider the reafons alleged in the above-mentioned Pruffian note, will not refufe to yield to them. He grounds this hope on the known circumftance, that the Rhine anciently bore the name of the Waal. Another point, confiderably connected with this, is the courfe of the Rhine oppofite Wefel. The underfigned has repeatedly had the honour to obferve to the French legation, of what importance it is to the town and fortrefs of Wefel, that the ifle of Buderich, which is formed by a canal, which fo directs the course of the Rhine that it leaves the island to the right, fhould remain to the Empire, that the water-works which are neceffary to the existence of the town and fortress of Wefel may be properly maintained. Should the full powers of the minifters of the French republic not be fufficiently extenfive for them to accede to the reprefentations of the undersigned on this fubject, he requests that they will tranfmit the prefent note to the Executive Directory, accompanied by a favourable statement. The love of peace and humane difpofitions, which actuate the minifters plenipotentiary of the French republic, and which they have fo lately manifefted, encourage the undersigned in the pleafing hope, that, to haften the conclufion of peace, they will not only efpoufe with zeal the reprefentations relative to the two points above-mentioned now fubmitted to their mature confideration; but that they will not refufe to admit further modifications and conceffions, relative to various other points in their note, of the utmost confequence to the most important interefts of the German nation.
Raftadt, Oct. 8, 1798.