all queftions are difpofed of by a plurality of voices. There is yet another divifion of the empire, befides the political and geographical divifions juft mentioned, and that is, a divifion founded on difference of religion. In the college of the princes, as well as that of electors, the Catholics are the most nume rous though of the princes, all those of the most ancient and illuftrious houfes are proteftants, with the exception of Auftria, Bavaria, and the Palatine. In the college of imperial cities, the proteftants preponderate. However, although the Catholics prevail in the other two colleges, it was provided and fettled, by the peace of Weftphalia, that the preponderating number and voices of the Catholics, fhould not be of any prejudice to the Proteftants, in any queftion wherein the Proteftants, fhould agree to make common caufe, and at the imperial diet, forn themfelves into a feparate and diftinct body. In which cafe nothing remained but modes of conciliation. If these failed, the matter in queftion remained unde cided. It has already been obferved, that the emperor, in moft cafes, was reftrained from exercifing the imperial authority without the confent of the states. In order to obtain this, the emperors, in former times, were wont to aflemble, from time to time, to the ftates of the empire in perfon. When all matters were agreed on, the refult of their deliberations was reduced to the form of a law, under the name of a recefs of the empire, and the diet was broken up. As the emperors and princes were prefent in the diets, in perfon, there proceedings were carried on with expedition. From the date of 1663, when the diet, or affembly, of the ftates of the empire, became permanent, neither the em peror, nor the different members of the ftates, appear there in perfon. Every thing is tranfacted by deputies, who are not, however, empowered to conclude any business of importance, without tranfmitting it, and receiving the instructions of their conftituents. The reprefentative of the emperor, in the diet, has the title of the principal commiffary, because it would be beneath the dignity of the chief of the empire to fend a deputy to the states. It is the prerogative of the emperor to call meetings of the diet for any particular purpofe, and to lay before them the fubjects of deliberation. A propofition, or motion, is made in the diet, either by the imperial or principal commiflary, in which cafe the decree for making it, is called a decree of commiffion: or, in his abfence, directly by a meffage from the imperial court; in which case, it is called an aulic decree. But although the regular initiative of legiflation belong to the emperor, it is, nevertheless, competent for the ftates too to propofe any question or fubject of difcuffion: of which an inftance was exhibited a few years ago, by the elector of Mayence, in a motion relative to peace with France. But in whatever manner a propofition is made, it must be communicated to the whole empire. Each of the three colleges meets feparately, and deliberates on the propofitions fubmitted to their confideration and decifion, by the prefident or director: who reduces to writing, the fenfe of what is determined by the majority; and lays it be fore fore the college at the next meeting, for their confirmation. In the electoral college, in general more concordant than the others, the draught of what is understood to have been agreed on, is not often attended with any difficulties: but it is very commonly otherwife in the college of princes; in which the fketch or project drawn up by the director, is often rejected, and another propofed to the college in its ftead. Thus it follows, from this mode of conducting the deliberations of the ftates, that there are three different decrees, or refolutions, on all matters that come before them: which three decrees it, of course, becomes neceflary to reduce to one. For this end, the directors of the two first colleges proceed, without delay, to a conference. If it happens that the refolutions agreed to by their respective colleges be fundamentally the fame, or conceived in the fame fpirit, it is not commonly difficult for the two colleges to come to a common refult or conclufum. But if they cannot be brought, by any means, to accord, the question is dropped, and there is an end of the bufinefs: unles indeed, as fometimes happens in cafes of great urgency, they agree to refer the matter to the arbitration of the emperor; for he has no right to interfere, without fuch reference. After the conclufum of the two first colleges, a fimilar procedure takes place between thefe two colleges, united in the fame defign, on the one part, and the •ollege of imperial cities, on the other. The confent of this college is followed by a general decree of the diet: which, however, has not the force of a law, without the ratification of the emperor. The ge one a neral decrees, in fome measure, qualified or characterized by the title they bear, of Advices of the Diet, reprefented by the directors to the imperial and principal commiffary, who tranfmits it to his court. Thefe advices the emperor may reject, though not without coming to an explanation on their fubjects. The confent of the emperor, duly declared, is called a Decree of Ratification. An Advice of the Diet, and a Decree of Ratification, form together a conclufum of the empire. From this fketch of the Germanic conftitution, it is evident, that the tranfactions of the diet cannot be carried on otherwife than very flowly; and that it is impoffible they fhould be kept fecret. A very great influence on the affembly is poffeffed by the emperor, who feldem fails to turn it to his own advantage. He is, himfelf, a member of the electoral college, as king of Bohemia; and the three ecclefiaftical electors are ufually of his party. In the college of princes, too, he can commonly reckon on the ecclefiaftical princes, as well as on the fecular princes of the new honfes, and fill more on the prelates and counts. As for the college of free cities, it is but very rarely that they dare refift the will of the chief of the empire, It is only the houfe of Brandenburg, and the greater part of the princes of the old families, that can form, to a certain degree, a counter-balance to the power of the emperor. of thefe great houfes, means have generally been found to draw over one or other to the imperial party. One thing is certain, that if the courts of Berlin and Vienna are of one mind, as was unfortunately the But cafe, cafe, at the commencement of the prefent war with France, all refiftance from any other quarter would be vain. On the other, a refolute and steady oppofition, on the part of the Pruffian monarch, in the prefent fituation of the empire, would fuffice to fruftrate, in the diet of the empire, any project of the emperor's. The bufinefs brought before the diet is fometimes tranfacted by the ftates, in a body, and fometimes, as in cafes where difpatch is neceffary, and others, by committees appointed to deliberate and decide in the name of the empire. Thefe committees, which may be confidered as committees, on a small scale, are called Deputations of the Empire. Of these there are two kinds: ordinary, or extraordinary; fuch as thofe appointed to deliberate and decide on questions relating to peace or war: and it is in this kind of deputations alone that we are interefted. The members of an extraordinary deputation are chofen by a plurality of voices in the different colleges, and their election is confirmed by the emperor. At the head of fuch a deputation is the ambaffador plenipotentiary of the emperor in the choice of whom his imperial majefty is not reftrained by any limitation whatever either of law or cuftom. Although a deputation of the empire, as has already been obferved, be a diet on a small fcale, in deputations extraordinary there is no divifion of the members into feparate colleges. They form but one body. Their prefident is the elector of Mayence, and the vote of a delegate from one of the cities, is equivalent to that of an electoral plenipotentiary. There was for VOL. XLI. merly a world of difputes about the ceremonial, according to which the fub-delegates from the diets were, on fuch occafions, to take their feats or places. In order to avoid fuch an inconveniency at the congrefs of Raftadt, it was fettled, that all the deputies fhould be placed on equal feats, and that there fhould not be, as ufual, in the midst of the hall, any table. The inconveniencies neceflarily arifing from this arrangement, it feems, were judged lefs than thofe to be apprehended from the ideas of dignity or degradation that would arife in the breafts of the fub-delegates, from their posi tions, in relation to that utenfil. With regard to the manner or form in which the deliberations, in the extraordinary deputations of the empire are conducted, it is precifely the fame with that which takes place in the diet. The imperial plenipotentiary opens the feffion with due folemnity, and propofes the various points that are to be made the fubjects of difcuffion. Every thing that is proper for them to know, is communicated from time to time through the miniftration of the elector of Mayence: who collects the votes, and pronounces the decrees; which de crees, when they are of a nature that requires the imperial fanction, are either ratified or rejected by the emperor. In extraordinary deputations of the empire, the fub-delegates are furnished, by the emperor and diet, with powers and inftructions which they cannot tranfgrefs. The members of the extraordinary deputation, at Raftadt, were appointed fo early as 1795, on the firft overtures for peace. And although there was afterwards a great change of cir[K] cumstances, cumstances, there was none in the powers of the deputation. Of thofe powers the principal were thefe The deputies were empowered and inftructed to make peace with France, on the bafis of the integrity of the empire. Their deliberations were to be carried on not by any delegations or committees, but in a body. The refult of thefe was to be prefented to the imperial plenipotentiary, who, if he approved, was to lay them before the French minifters. The answers of thefe minifters were to pafs through the hands of the fame plenipotentiary, and to be communicated by him to the deputation. Although it did not feem neceffary, that there fhould be a renewal or verification of the powers with which the deputies were invefted, for the purpose of negociation, yet, this was thought proper, on the whole, and going to be made but the French plenipotentiaries demanded, that the deputies fhould be furnished with unlimited powers; a requifition with which the diet thought it fit to comply. Befides the minifters of the extraordinary deputation of the empire, there appeared, at Raftadt, a great number of envoys from particular powers, and immediate mem1 bers, (as they were called), of the empire.* It was confidered, that particular interefts are not always carefully attended to by general deputations. The imperial capitulation, at the election of Leopold, in * 1790, guaranteed to the ftates, the right of fending to a general congrefs their particular envoys, who fhould take care of their particular interefts, and be authorized to treat in the name of their conftituents. It was not understood that they fhould have any right either of pleading or voting. They were only to prefent, in writing, to the deputation of the empire, their remonftrances and their demands, and come to as good an understanding, and fettlement of all matters of importance, as fhould be found poffible, in the way of friendly reprefentation. They were not to be admitted to fit in the hall of the deputation, but by the express invitation of the deputies; and, in order that they might have an opportunity of being informed, viva voce, of any thing the deputies might choofe to communicate. Though they ranked after the deputies of the empire, yet these could not enter into any difcuffion, in which the courts of the former were interefted, without previous conferences with them on the fubject. The number of deputies from the diet, and from individual ftates and princes, amounted to one hundred and feventy-three, and, together with their clerks or fecretaries, and other attendants, under different denominations, exceeded fix hundred. For, not only was the German empire threatened with a great lofs of territory, but with the fubverfion of its ancient conftitution. *There is a great number of immediate members of the empire, who enjoy the greater part of the rights of fovereigns, but who have no feat or voice at the diet of the empire. Of this clafs, the principal are the immediate noblesse, which is divided into three circles, thofe of Suabia, Franconia, and the Rhine. Each of thefe circles is fubdivided into cantons, of which cantons, each has its own directory, chofen by the whole of the members. It confifts of a prefident, or head-man, feveral counsellors, and a chancellor, or fyndic. Át At the congreffes for pacification, the emperor and king of Pruffia, with the German empire, we often The French plenipotentiaries, find amballadors from other powers, though, on the whole, rifing in whether in the character of media- their demands on every conceffion tors, or as being interested in the on the part of the empire, were prefervation of the Germanic con- yet fometimes forced to relax in ftitution. Befides the minifters of their pretenfions, and to affume the Pruffia, Denmark, and Sweden, all appearance of greater moderation, of them ftates of the empire, en by the courfe of great events, fovoys were fent to the congrefs, at reign and domeftic. The negocia Raftadt, from the Helvetian, Ba- tion was a game of rackets, which tavian, Cifalpine, and Ligurian was broken up by the approach and republics, and alfo from the pope ; entrance of a Ruffian army into though it does not appear, and Germany. It would ferve no purcould not well have been ex- pofe of either entertainment or inpected, that these five envoys fhould ftruction to record all the propofihave taken any flare in the ne- tions and counter propofitions, and gociations. There is not a doubt capricious turns of fuch proceedbut a greater number of foreign ings. Yet a few of thefe may be minifters would have attended the thought worthy of being related. congrefs of Raftadt, if it had not been exprefly ftipulated in the treaty of Campo-Formio, that a pacification between the German empire and French republic, fhould be conducted without the intervention of any other power. The unlimited powers granted to the deputation of the empire tended, in a very confiderable degree, to expedite the bufinefs of the congrefs; yet ftill the variety of interefts and influence that pervaded the deputation of the empire, left but little hopes that this affembly would bring matters to any fpeedy or certain conclufion. The German empire, already disjointed and diftracted, was rendered more and more loose and unfteady by paffing events. The councils of France, too, were fluctuating, for fimilar reafons. The congrefs at Raftadt was a barometer that indicated the rifing or falling power, or profpects of different parties concerned. The deputies of the empire were obliged to fhape their conduct by that of The minifter plenipotentiary, on the part of his imperial majefty, chief of the empire, was the count Metternich: thofe appointed, at first, on the part of the French republic, were, the citizens Buonaparte, Trailhard, and Bonnier. Buonaparte was called from negociation to arms; Trailhard, in the progrefs of the negociation, was elected into the directory: and fucceeded, in the embally to congrefs, by the citizens Robert Jott and Jean Debrie. By fecret articles, fubjoined to the treaty of Campo Formio, Mentz and Ehrenbritftein had been given up to the French: and other arrangements had been made, by the treaty of Bafle, in 1795, at the expenfe of the empire, for the purpofe of certain amicable arrangements between the French republic, on the one part, and the king of Pruffia, the duke of Wurtem burg, the margrave of Baden, and one or two German powers more on the other. Mentz was, accord[K2] ingly, |