The renunciation of the territories of Kehl and Caffel, which the French plenipotentiaries have pledged in their note of the 3d of October, the deputation of the Empire confider as the most agreeable proof that the French government feriously intends to meet the defire fo often manifefted by the deputation, of a speedy conclufion of peace. They therefore lofe not a moment in accepting with pleasure this renunciation, fo long wifhed, of all fortified places and points of contact on the right bank of the Rhine, and they haften to communicate to the French plenipotentiaries in a detailed note, obfervations on every point in their note, in the firm hope, that although they differ in fome refpects from the propofed determinations, yet the new explanations with which this agreement is fupported, will be taken into proper confideration by the French minifters, in order to facilitate the great object of abfolute conciliation.

1. With regard to the barrier of the Rhine, it has always been understood that the Thalweg would every where form the boundaries of the two ftates, and that by the Thalweg was to be understood the middle of the principal and navigable courfe of the Rhine. At the fame time, as by this divifion the Pruffian ifland of Buderich, fituated near Wefel, on the Lower Rhine, would belong to France, the court of Pruffia has feveral times formally infifted on retaining poffeffion of this ifland, which contributes to the fafety of the city and fortrefs of Wefel, the deputation entertain hopes that the French government will accede to the defire of Pruffia, which coincides fo clofely with the intereft of the Empire, and that it will allow this ifland to remain attached to the German part.

With regard to the islands in the Rhine, it has already been agreed in notes exchanged, that the iffands on the right fide of the Thalweg fhould belong to the Empire; thofe on the left fide to the French republic. Subfequently likewife, the particular demand made in the French note of the 19th July, that the changes which might take place in the Thalweg fhould occafion no change in the rights of fovereignty over the islands, has alfo been acceded to. It has been agreed that they fhall continue according to their prefent divifion of French and German, even although they should happen to be thrown upon the other fide of the Thalweg. The minifters plenipotentiary of the French republic, in declaring in their laft note that the French republic would never cede any poffeffion to the Empire, or any of its members, on the left fide of the Thalweg, probably did not intend to recur to what had previoufly been decided; and the import of this declaration doubtless alludes only to the courfe of the Rhine from Huninguen to the grand bailiwick palatine of Guermersheim, where the Rhine had previously formed the boundary between Germany and France, and where the reciprocal referve has been made of

France

France retaining the islands on the right of the Thalweg, which at prefent belong to her. But as the actual ceffion of the left part of the Thalweg to the French republic properly begins near the grand bailiwick of Guermerfheim, as the first point of the conquered country on the left bank of the Rhine, and not at the point where Germany was previoully contiguous to France, the French government will furely make no difficulty in leaving things in the ftate in which they ftand at prefent by the treaties and conventions relative to this part of the Rhine and its islands, and particularly to maintain the communes on the right fide which possessed any of these ifles on the left fide, in the full enjoyment of them, without interrupting their taking fuch wood as might be neceffary to fupport the bank.

Concerning the free navigation of the Rhine, the deputation had already more than once manifefted their confent, by agreeing that it should be free to both nations. This confent was at the fame time accompanied with a wifh that an arrangement fhould be made jointly with Holland, to fecure the navigation of the Rhine to its mouth; but the French minifters plenipotentiary have lately declared, that they could not at prefent accede to this defire of the deputation. As fuch an arrangement with Holland would be of great importance to the Empire in a commercial view, the fuppreffion of the tolls impofed by the Batavian republic may be productive alfo of fome advantage, at least till the Germanic Empire, in the interval of the time fixed for the fuppreffion of the tolls on the Rhine, fhall have agreed with the Batavian republic upon fome plan for a fimilar fuppreffion of the tolls on the Rhine.

On the subject of the road used in towing veffels, the deputation may confent to the fuppreffion of this addition propofed, according to what neceffity and the cafe may require, efpecially as the road ufed for this purpofe is at prefent as wide as it ufed to be.

The confent given on the fubject of the transportation of materials from the left bank to the right, cannot apply to the keeping up of the road for towing, but to the fupport of the bank; and it is hoped that the internal arrangements of the republic will not prohibit these materials from being obtained for fo useful and public a purpose.

It is agreed that the fuppreffion of the tolls of passage of the Rhine fhall be ftipulated in the treaty of peace. It is only defired, that instead of fix months, a period too fhort for any new establishment, there fhould be fixed, at leaft for the accomplishment of this fuppreffion, the term of a year after the exchange of the ratification of a treaty of peace.

2. The French minifters plenipotentiary have, for the first time, demanded in their note that the toll of Elsfleth, on the Wefer, fhall be fupprelled in favour of the French republic. As

this toll belongs to the Counts, now Dukes of Oldenburgh, confirmed to them by the 10th article of the treaty of Munfter, is fituated in a part of Germany not occupied; and as the deputation of the Empire can decide nothing on this point, it is left to the French republic to make an arrangement with the houfe of Holftein Oldenburgh.

The French minifters plenipotentiary have at the fame time interpofed to prefeve the conftitutional existence of the Imperial cities of Hamburgh, Bremen, and Frankfort. The prefervation of these cities, and all other Imperial cities, is of the greatest confequence to the Empire in the way of its commerce. All the free Imperial cities, which form the third body of the Germanic union, are, in virtue of the conftitutional connexion, under the protection of the laws with regard to their ancient conftitutions. The deputation of the Empire confiders it as one of their first duties, as much as lies in their power, to watch over the prefervation of the ftates of the Empire and the Germanic body; and to comprehend, in the expreffion of the wishes of the French minifters, all the ftates of the Empire and thofe dependent on it.

3d. On the fubject of commercial bridges it is agreed, that those which have hitherto exifted on the Rhine, fhall continue to be re-established and fupported at the charge of those at whofe expense they have always been upheld. With regard to thofe bridges which from this moment only fhall become common, fuch as those between Mentz and Caffel, each bank fhall be obliged to maintain that which is fituated on their fide of the Thalweg of the Rhine. With regard to the commercial bridges, which in future may be constructed according to an arrangement mutually to be made between the oppofite banks, it is impoffible generally beforehand to give the confent of the Empire neceffary for this object, which muft ever be regulated by advantage and neceffity.

4th. The propofition of the French minifters, that the dependencies of ecclefiaftical establishments fituated on the left bank, fhall belong to the Empire, is agreed to; and this disposition is understood to extend to all pious foundations, and particularly to hofpitals, charitable establishments, univerfities, and schools, under refervation of the particular arrangements and treaties existing, or which may be made on this fubject. The deputation are convinced, that by these means the difficulties with which every other mode would be attended will be entirely removed. At the fame time, however, in order to adhere to the principle which has been adopted in its utmost extent, the moveables of all these corporations fhall belong to the banks of the Rhine on which they are at prefent placed; and the active hofpitals, which are at prefent dependencies of them, fhall belong to the bank to the use of which they are applied, and where the creditor has at prefent his fixed refidence.

L. VOL. VII.

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With

With regard to the demand, that the state of the Empire in the countries where thefe dependencies exist, shall have a preference in the acquifition of them, the deputation will make no remark on the fubject. It is evident, however, that a ftate of the Empire cannot gratuitoufly appropriate thefe effects, and that all the property, revenue, or capital of ecclefiaftical or lay foundations on the left bank (which, according to the conftitution of the country, or because they have been deftined to the general advantage, cannot be tranfported to the right bank), fhall be applied to other neceffary purposes, and particularly to form a juft indemnification for the pious eftablishments on the right, which proportionably would lofe too much of thefe revenues on the left bank, as well as to particular compenfations, and fhall for this purpose be confolidated into a mass. Only it would be just and reasonable to make an exception with regard to eftablishments in favour of widows and orphans; and the French government of itself has refolved to take away nothing from thofe inftitutions, but to fecure them their reyenues and other property, and accordingly to decree, that establishments of this kind, which exift in the countries ceded, fhall be kept up in favour of thofe who derive benefit from them; that with regard to those which are in the countries which shall not be transferred to the French republic, their funds and capitals shall be divided among the fharers in proportion to their number.

They confider it one of their most facred duties to exert every endeavour in favour of fo many Germans, to whom in general nothing can be objected but their stedfast adherence to their former government and fovereigns. This can the lefs be objected to Germany as a crime, fince they feel the value of that government too well, to be eafily captivated by new political inftitutions. The deputation, therefore, flatter themfelves, that the principle of general inapplicability of the laws relative to emigration will be recognised by the French as far as Germany may be concerned.

8th. It is required that the French republic fhall entirely withdraw all her troops from the right bank of the Rhine, reflore the conftitutions, and perform without delay the convention respecting the revictualling of the fortrefs of Ehrenbreitstein.

9th. The deputation are ready, in the further conclusion of peace, to renounce all rights and claims which the Empire may have on the territories which may then be ceded to France, and likewise to extend this renunciation to Savoy and the late Auftrian NetherLands, which, by the treaty with the King of Sardinia and of Campo Formio, are to be given up to France. With regard to the Frickthal, they must refer themselves to their former explanation of the 10th of Auguft. Previous to any thing of this kind, however, it is neceffary that the French government should come to fome arrangement with the houfe of Auftria, to which the Em-: pire will not refufe its concurrence. The deputies are ready likewife

likewife to give up their titles and pretenfions to thofe Italian territories which, by the treaty of Campo Formio, belong to the Cifalpine republic.

To the 10th article it is replied, that it had already been agreed that the fortreffes of Kehl and Caffel fhould be difmantled, and the deputation would give likewife the further affurance, that on the fcite of thefe places, and within the diftance of 3000 toifes from the right bank of the Rhiae, no fortification fhall be erected.Several details of compenfation which this article will occafion, to be fettled on the final conclufion of peace. The deputation conclude with the affurance that they will exert every endeavour to attain a speedy and honourable peace, and that they will give no well-grounded cause for the rupture of the negotiation.

Decree of the Imperial Commission to the Deputation of the Empire, October 17.

THE Imperial commiffion, affeffors to the deputation of the Empire, approve the conclufum of the 15th, adopted by the deputation of the Empire in answer to the French note of the 3d.The commiffion fee with real pleasure that, among other things, it contains the new demand made refpecting the revictualling of the fortrefs of Ehrenbreitftein, agreeably to exifting conventions; and in conformity with the conclufum, they this day tranfmitted the counter note, a copy of which is annexed, to the French minifters plenipotentiary.

The commiffion likewife communicate fome obfervations which fo intimately concern the pofition of the fortrefs of Ehrenbreitstein, that they cannot fail to produce an immediate effect on the extenfion which it may be neceffary to give to the faid conclufum on this point.

Aftonished at the abfolute filence which the minifters plenipotentiary of the French republic have obferved in their two laft notes on the fubject of the demands made with regard to the reestablishment of the fortrefs of Ehrenbreitftein agreeably to exifting conventions; convinced of the neceffity of obtaining an explanation of the reafons of that filence; the Imperial commiffion thought themselves bound to hold a conference with the French minifters on the fubject on the 14th, and, if poflible, to obtain complete fatisfaction.

In order that the deputation of the Empire may have a perfect knowledge of the application addreffed to the above minifters on this point, in order to fecure it from every falfe interpretation, and in order that the reply of the French plenipotentiaries fhould be equally accurate, the application was made in the form of a verbal note, the copy of which is annexed, and to lay it down as the bafis of the converfation which took place. 3T2

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