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Note presented to the Diet by M. Bacher, the French Chargé d'Affaires at Ratisbon. Dated Sept. 11,

1805.

lawfully for the English troops. In that I rather wish to prevent crimes several instances the routes of the than to punish them. individuals which have been debauched have been traced, and the peasants who had given them lodgings, and served them as guides, have been discovered. It is my duty, gentlemen, to communicate this information to you, in order that you may announce to the inhabitants of the electorate, and principally to theHanoverian officers, sub-officers, and soldiers, that every individual suspect ed of being concerned in these recruitments will be arrested. I must also observe to you, that special commissions have been formed for the purpose of obtaining information relative to this subject, councils of war will also be established, to punish with death, conformably to our laws, all the accomplices of the English in these instances. As it appears that the agents of the English government cannot fulfil their mission, without being assisted by persons of rank, and principally by magistrates, or other persons in office, I have determined the punishment which shall be inflicted on those thus offending.Every person in office, or magistrate, who shall tolerate in his district foreigners, or other persons who recruit or debauch the soldiers, shall be arrested, imprisoned, and sent out of the country. Every inhabitant of the electorate, whatever may be his rank, who shall be suspected of taking any part, either directly or indirectly, in such recruitments, shall be delivered over to a military commission, and punished according to the French laws.-I charge you, gentlemen, to communicate this letter to the different authorities of the country, in order that those whom it concerns may be informed of it. These measures must prove to you,

Under the present circumstances of affairs, when the movements of the house of Austria menace the continent with a new war, his im perial majesty the emperor of the French, king of Italy, judges it necessary to make known, in a frank and solemn declaration, the senti ments by which he is animated, in order to enable his cotemporaries and posterity to judge with a true knowledge of the case, in the event of the war taking place, who has been the aggressos. It is with this view, that the undersigned, chargé d'affaires of his imperial majesty, the emperor of the French, to the German diet, has received orders to present a faithful exposition of the principles by which his imperial majesty, the emperor, has been uniformly actuated in his conduct towards Austria.-Every thing which that power has done contrary to the spirit and letter of treaties, the emperor has hitherto permitted. He has not complained of the immediate extension of territory on the right side of the Pave, against the acquisition of Lindau, against all the other acquisitions made by him in Suabia, and which, subsequently to the treaty of Luneville, have materially altered the relative situation of the neighbouring states in the interior of Ger. many; against those, in fine, which continue at the present moment the subject of negotiation with differen

princes

princes, to the perfect knowledge of all Germany; he has not complained of the debt of Venice not having been discharged, contrary to the spirit and the letter of the treaties of Campo Formio and of Luneville; he has not complained of the denial of justice experienced at Vienna by his subjects of Milan and Mantua, none of whom, notwithstanding the formal stipulations, have been paid their demands; neither has he complained of the partiality with which Austria has recognised the right of blockade, which England so monstrously arrogates to herself; and when the neutrality of the Austrian flag was so often violated to the injury of France, he was not provoked by this conduct of the court of Vienna to make any complaint; thus making a sacrifice to his love of peace, in preserving silence upon the subject. The emperor has evacuated Switzerland, rendered tranquil and happy by his act of mediation; he has not kept in Italy a greater number of troops than is indispensibly necessary to maintain the positions which they occupy to the extremity of the peninsula, in order to protect the commerce of the Levant; and to insure himself an object of compensation which may determine England to evacuate Malta, and Russia to evacuate Corfu; he has not upon the Rhine, and interior of his empire, any more troops than are indispensibly necessary to garrison the different places. Engaged entirely in the operations of a war which he has not provoked, which he sustains as much for the interests of Europe as for his own, and in which his principal end is the re-establishment of the equilibrium of commerce, and the equal right of all flags upon the sea, he has united VOL. XLVII.

all his forces in the camps upon the borders of the ocean, far distant from the Austrian frontiers; he has employed all the resources of his empire to construct fleets, to form his marine, to improve his ports; and it is at the same moment when he reposes with entire confidence upon the execution of treaties which have re-established the peace of the continent, that Austria rises from her state of repose, organises her forces upon the war establishment, sends an army into the states of Italy, establishes another equally considerable in the Tyrol; it is at this moment that she makes new levies of cavalry, that she forms magazines, that she strengthens her fortifications, that she terrifies by her preparations the people of Bavaria, of Suabia, and of Switzerland, and discovers an evident intention of making a diversion so obviously favourable to England, and more injuriously hostile towards France, than would be a direct campaign, and an open declaration of war. In these grave circumstances the emperor of the French has deemed it his duty to invite the court of Vienna to return to a proper sense of its true interests. All the expedients which an ardent love of peace could suggest have been resorted to with avidity, and several times renewed. The court of Vienna has made high professions of its respect for the treaties which exist between it and France; but its military preparations have developed her intentions, at the same time that 'her declarations have become more and more pacific. Austria has declared that she has no hostile intention against the states of his majesty the emperor of the French. Against whom, then, are her preparations Tt directed?

directed? Are they against the Swiss? Are they against Bavaria ? Will they, in the end, be directed against the German empire itself?His majesty the emperor of the French has charged the undersigned to make known, that he will consi. der, as a formal declaration of war directed against himself, all aggressions which may be attempted against the German Body, and especially against Bavaria. His majesty the emperor of the French will never separate the interests of his empire from those of the princes of Germany who are attached to him. Any injury which they may sustain, any dangers by which they may be menaced, can never be indifferent to him, or foreign from his lively solicitude. Persuaded that the princes and states of the German empire are penetrated with the same sentiments, the undersigned, in the name of the emperor of the French, invites the diet to unite with him in pressing, by every consideration of justice and reason, the emperor of Austria not to expose for any longer period the present generation to incalculable calamities, to spare the blood of a multitude of men, doomed to perish the victims of a war, the object of which is foreign to Germany, which, at the moment of its breaking out, is every where the subject of enquiry and doubt, and whose real motives cannot be avowed.The alarms of the continent will not be allayed, until the emperor of Austria, yielding to the just and pressing representations of Germany, shall cease his hostile preparations, shall not keep in Suabia and in the Tyrol more troops than are necessary for garrisoning the places, and shall replace his army on the peace establishment. Was it not under

stood, since the conventions entered into in consequence of the treaty of Luneville, that the Austrian armies could not pass the territories of Upper Austria, without committing actual hostility? Was not Austria sensible at that period that France, being then engaged in a foreign war, having withdrawn her troops from Suabia, and having put a stop to the movements which it could make by means of the corps of troops she had in Switzerland, it was not just to oppose to such marks of confidence precautions truly aggressive? The circumstances being the same at present on the part of France, why are the measures of Austria so different? Why does she keep sixty battalions in the Tyrol and Suabia, whilst the forces of France are collected at a distance for an expedition against England? There exists no difference at this moment between the Swiss republic and the German empire; no difference between Bavaria and Austria; and, if any credit is to be given to the declarations of the court of Vienna, there exists none between it and France. what unknown objects, then, has the court of Vienna assembled so many troops? It can have but one plausible object, that is, to keep France in a state of indecision, to place her in a state of inactivity; and, in a word, to arrest her progress on the eve of a decisive effort.

For

But this object can only be attained for a time. France has been deceived; she is no longer so. She has been obliged to defer her enterprises; she still defers them; she waits the effect of these remonstrances; she waits the effect of the representations of the Germanic diet. But, when every effort shall be fruitlessly made to

bring Austria to the adoption, either of a sincere peace, or of an undisguised and open hostility, his majesty the emperor of the French will fulfil all the duties imposed on him by his dignity and his power: he will direct his efforts to every quarter in which France shall be menaced. Providence has bestowed on him sufficient strength to contend against England with one hand, and with the other to defend the honour of his standards, and the rights of his allies. Should the Diet adopt the course which the undersigned has orders to point out to it; should it succeed in representing to the view of the emperor of Austria, the real situation in which these movements, made perhaps without reflection, ordered perhaps without any hostile intention, and solely in consequence of foreign influence, have placed the continent; should it succeed in persuading this sovereign, individually humane and just, that he has no enemies, that his frontiers are not threatened, that France has twice had it in her power to deprive him for ever of one half of his hereditary states, if she had extended her wishes beyond what had been established at Campo Formio and Luneville; that, by his dispositions, which even before they are fully developed, affect France even in the centre of her action, he interferes without advantage to his states, and without honour to his policy, in a quarrel which is foreign to him, the diet will have deserved well of Germany, of Switzerland, of Italy, of France, of all Europe, with the exception of a single nation, the enemy of the general tranquillity, and which has founded its prosperity on the hope and the design, ardently and perseveringly

maintained, of perpetuating the discord, the troubles, and the divisions of the continent. The undersigned, &c. (Signed) Bacher.

Austrian Answer to the French Note.
Rescript delivered by the Austrian
Imperial Minister, to the Imperial
and Royal Legations at Ratisbon.
Dated Vienna. Sept. 9, 1805..

The declaration which the French chargé d'affaires was ordered to communicate to the diet at Ratisbon, has been laid before his Roman and Austrian Imperial Majesty. According to this declaration, the states of the German empire might be induced to imagine, that the ar maments and acts of violence of the French emperor in Italy, have given Austria no cause for a counter-arming; that France, not Austria, wishes the restoration of a general peace. to attain which restoration, was the object of the intended inva◄ sion of England, which Austria now endeavours to interrupt, to prevent the attainment of this object. With this declaration is connected the threat of an attack on the German empire, if Austria does not imme. diately disarm at the order of the French emperor. Called upon by such a declaration made to the German diet, his majesty finds it incumbent upon him to lay before his co-estates of the empire, such documents as may shew the true causes and views which have compelled him to arm. They will thence perceive that Austria offered its mediation for the restoration of peace and tranquillity, which France refused; that France wishes not peace; for that situation is not

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peace,

peace, but more destructive than war, in which a single power, formidable by its greatness, alone remains armed, and is prevented by no opposition from occupying with its troops, oppressing and subject. ing one independent peaceable state after another. To put an end to this state of things, is the object of the arming of the Austrian and Russian imperial courts; and that the former, from the menacing armaments of the French in Italy has the most pressing motives to be care ful for its own safety, must be evident to all who have had experience in the affairs of the world; and for further proof it is only necessary to refer to the extracts of the Moniteurs of the 12th of May, and 13th of June, of the present year. That only this object, and not any selfinterested views, have produced the determination of Austria and Russia, appears from their readiness to enter into any negociation on principles of justice and moderationfrom their assurances to the states of the empire, that, in case war should prove unavoidable, they will maintain the legal state of the German constitution and possessions invio late: which assurance the Austrian envoys have orders to repeat and confirm in the most solemn manner. The threats of the French emperor to attack the German empire, shews how necessary it is to be guarded against such an attack by adequate preparations; experience, never to be forgotten, has taught with what consequences the fullment of such threats on the part of France is connected; and it is the more necessary to be active in preventing them, as already the most certain indications are apparent, that several princes of the fron

tier circles of the empire have been encouraged, on the part of the French, to take up arms against their emperor and co-estates, and to this end new secret connections have been entered into, and those exist ing abused. His majesty trusts, with confidence, that if not all, at least the greater part of the states of the empire, will see the dangerous tendency of such proceedings, and the necessity of warding off from Germany, by unanimity, fidelity, and courage, the fate of Italy, and other neighbouring countries of France, which have been rendered either half, or entirely dependent upon her; and that they will consequently approve and promote those measures, without which the salutary views of Austria and Russia cannot be carried into effect; for it is most evident that the possibility of maintaining a real peace depends on being prepared with those effectual means, which, in case it should be impossible to attain the object wished, can alone furnish the last hope of deliverance and succour.

Louis Count Cobentzel.

[The statements mentioned in the above rescript, are extracts from the Moniteurs of the 11th of May, and 19th of June. The former gives an account of the camp of Marengo, where thirty battalions of infantry of the line, four battalions of light infantry, and seven squadrons of cavalry, were assembled. The other article is from the camp of Castiglione, dated the 13th of June, saying, "at the moment of our arrival, forty-eight battalions of infantry, and forty-five squadrons of cavalry, with sixty pieces of cannon, are exercising in the immense plain of Montechiaro. France never had better troops, which per

formed

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