1. He cedes and transfers to his majesty the emperor of the French, to form a part of the League of the Rhine, and to be placed at his disposition for the interest of the sovereigns of the League:The territories of Saltzburg and Berchtolsgaden; that part of Upper Austria, situate on the further side of a line running from the Danube, at the village of Straas, therein comprehending Weissenkirch, Wedersdorf, Michelbach, Greist, Muckenhoffen, Helst and Jedina; thence in the direction of Schwandstadt on the Aller, and thence ascending the town of Schwandstadt along the bank of that river, and the lake of the same name, to the point where the lake touches upon the territory of Saltzburg.

His majesty the emperor of Austria shall only retain in property the woods belonging to the Salz-Cammer-Gut, and forming part of the manor of Mondsee, with liberty to cut and carry thence the brush-wood, but without enjoying any right of sovereignty upon that territory.

2. He also cedes to his majesty the emperor of the French, king of Italy, the county of Goritia, the manor of Montefalcone, the government and city of Trieste, Carniola, with its dependencies on the gulf of Trieste, the circle of Willach, in Carinthia, and all the territories lying on the right bank of the Saave, from the point where that river leaves Carniola, along its course to where it touches the frontiers of Bosnia; namely a part of Provincial Croatia, six districts of Military Croatia, Fiume, and the Hungarian Littorale, Austrian Istria, or the district of Castua, the islands depending on the ceded territories, and all other territories, howsoever named, upon the right bank of the Saave; the middle stream of the said river serving as the boundary between the

two states.

Lastly, the lordship of Radzuns lying in the Graubunderland.

3. He cedes and makes over to his majesty the king of Saxony, the territory of Bohemia depending upon, and included in the territory of the kingdom of Saxony, namely, the parishes and villages of

Guntersdorff, Guntersdorff, Taubantranke, Gerlochsheim, Lenkersdorf, Schirgiswald, Winkel, &c.

4. He cedes and makes over to the king of Saxony, to be united to the duchy of Warsaw, the whole of Wester or New Gallicia, a district round Cracow, upon the right bank of the Vistula, to be hereafter ascertained, and the circle of Zamosc in eastern Gallicia.

The district round Cracow, upon the right bank of the Vistula, shall in the direction of Podgorze, have for its circumference the distance from Podgorze to Wielickzka. The line of demarkation shall pass through Wieliczka, and to the westward touch upon Scawina, and to the eastward upon the Beek, which falls into the Vistula at Brzdegy.

Wieliczka and the whole of the territory of the Salt-pits shall belong in common to the emperor of Austria, and the king of Saxony. Justice shall be administered therein in the name of the Municipal Power; there shall be quartered there only the troops necessary for the support of the police, and they shall consist of equal numbers of those of both nations. The Austrian salt from Wieliczka, in its conveyance over the Vistula, and through the duchy of Warsaw, shall not be subject to any toll-duties. Corn of all kinds, raised in Austrian Gallicia, may also be freely exported across the Vistula.

His majesty the emperor of Austria, and his majesty the king of Saxony, may form such an arrangement with regard to these boundaries, as that the Saave, from the point where it touches upon the circle of Zamosc, to its confluence with the Vistula, shall serve as the line of demarkation between both states.

5. He cedes and makes over to his majesty the emperor of Russia, in the eastern most part of Gallicia, a tract of territory containing a population of 400,000 souls, the city of Brodi being, nevertheless, not therein included. This territory shall be amicably ascertained by commissioners on the part of both empires.

IV. The Teutonic order having been

abolished in the states of the League of the Rhine, his majesty the emperor of Austria, in the name of his imperial highness the archduke Anthony, abdicates the grand mastership of that order in his states, and recognizes the dispositions taken with regard to the property of the order, locally situated out of the Austrian territory. Pensions shall be assigned to those who have been on the civil establishment of the order.

V. The debts funded upon the territory of the ceded provinces and allowed by the states of the said provinces, or accruing from expenses incurred for their administration, shall alone follow the fate of those provinces.

VI. The provinces which are to be to be restored to his majesty the emperor of Austria, shall be administered for his behoof by the Austrian constituted authorities, from the day of exchanging the ratification of the present treaty; and the imperial domains, wheresoever situated, from the 1st of November next. It is nevertheless understood, that the French army in this country shall take for their use whatever articles cannot be supplied by their magazines for the subsistence of the troops and the wants of the hospitals; and also whatever shall be necessary for the conveyance of their sick, and the evacuation of the magazines.

An arrangement shall be made between the high contracting parties respecting all war contributions, of whatever denomination, previously imposed on the Austrian provinces occupied by the French and allied troops; in consequence of which arrangement the levying of the said contributions shall cease from the day of the exchange of the ratifications.

VII. His majesty the emperor of the French, king of Italy, engages to give no obstruction to the importation or exporta tion of merchandise into and from Austria, by way of the port of Fiume; this, never, theless, not being construed to include English goods or manufactures, The trausit duties on the goods thus imported or exported, shall be lower than upon those of all other nations, the kingdom of Italy

VOL. II.

excepted. An inquiry shall be instituted, to ascertain whether any advantages can be allowed to the Austrian trade, in the other ports ceded by this treaty.

VIII. The titles of domains, archives, plans and maps of the countries, towns, and fortresses ceded, shall be given up within two months after the period of the ratification."

IX. His majesty the emperor of Austria, king of Hungary and Bohemia, engages to discharge the yearly interest, arrears, and capitals, invested in securities of the government, states, bank, lottery, or other publie establishments, by subjects, companies, or corporate bodies in France, the kingdom of Italy, and the grand duchy of Berg.

Measures shall also be taken to com, pletely liquidate the sum due to Mont St. Theresa, now Mout Napoleon, at Milan.

X. His majesty the emperor of the French engages to procure a full and complete pardon for the inhabitants of the Tyrol and Voralberg, who have taken a part in the insurrection; so that they shall not be prosecuted either in person or property.

His majesty the emperor of Austria equally engages to grant a full and complete pardon to those inhabitants of the territories of Gallicia, of which he returns into possession, whether civil or military, public officers, or private individuals, who have taken part in the levying of troops, or the formation of judicial or municipal administrations; or in any other proceeding whatsoever during the war, which in habitants shall not be prosecuted in their persons or property.

They shall have permission, during a period of six years, to dispose of their properties, of whatever description they may be; to sell their estates, even those that have been considered inalienable, such as fidei commissa and majoratus; to leave the country, and to carry with them the produce of these sales, in specie, or effects of any other description, without paying any duty for the same, or experiencing any difficulty or obstruction.

The same permission, and for the same

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period; shall be reciprocally allowed to the inhabitants and land-holders in the territories ceded by the present treaty.

The inhabitants of the duchy of Warsaw, possessing landed estates in Austrian Gallicia, whether public officers or private individuals, shall enjoy the revenues thereof, without paying any duty thereon, or experiencing any obstruction.

XI. Within six weeks, from the exchange of the present treaty, posts shall be erected to mark the boundaries of Cracow, upon the right bank of the Vistula. For this purpose there shall be nominated Austrian, French, and Saxon commissio

ners.

The same measures shall be adopted within the same period upon the frontiers of Upper Austria, Saltzburg, Willach, and Carniola, as far as the Saave. The Thalweg (stream) of the Saave, shall determine what islands of that river shall belong to each power. For this purpose French and Austrian commissaries shall be nomi'nated.

XII. A military convention shall be forthwith entered into to regulate the respective periods within which the various provinces restored to his majesty the emperor of Austria shall be evacuated. The said convention shall be adjusted on the basis, that Moravia shall be evacuated in fourteen days; that part of Gallicia which remains in possession of Austria, the city and district of Vienna, in one month; Lower Austria in two months; and the remaining districts and territories not ceded by this treaty shall be evacuated by the French troops, and those of their allies, in two months and a half, or earlier if possible, from the exchange of the ratifications.

This convention shall regulate all that relates to the evacuation of the hospitals and magazines of the French army, and the entrance of the Austrian troops into the territories evacuated by the French or their allies; and also the evacuation of that part of Croatia ceded by the present treaty to his majesty the emperor of the French.

XIII. The prisoners of war taken by France and her allies from Austria, and by

Austria from France and her allies, that have not yet been released, shall be given up within fourteen days after the exchange of the ratification of the present treaty.

XIV. His majesty the emperor of the French, king of Italy, protector of the League of the Rhine, guarantees the inviolability of the possessions of his majesty the emperor of Austria, king of Hungary and Bohemia, in the state in which they shall be, in consequence of the present treaty.

XV. His majesty the emperor of Austria recognizes all the alterations which have taken place, or may subsequently take place in Spain, Portugal, and Italy.

XVI. His majesty the emperor of Austria, desirous to co-operate in the restoration of a maritime peace, accedes to the prohibitory system with respect to England, adopted by France and Russia, during the present maritime war. His imperial majesty shall break off all intercourse with Great Britain, and, with respect to the English government, place himself in the situation he stood in previous to the pre

sent war.

XVII. His majesty the emperor of the French, king of Italy, and his majesty the emperor of Austria, king of Hungary and Bohemia, shall observe, with respect to each other, the same ceremonial in regard to rank and other points of etiquette, as before the present war.

XVIII. The ratifications of the present. treaty shall be exchanged within six days, or sooner, if possible.

Done and signed at Vienna, October 14th, 1809. (Signed)

J. B. NOMPERE DE CHAMPAGNY.
JOHN Prince of LICHTENSTEIN.

We have ratified, and hereby ratify the above treaty, in all and every of the articles therein contained; declare the same to be adopted, confirmed and established; and engage that the same shall be maintained inviolable.

In confirmation whereof we have hereto fixed our signature, with our own hand, being countersigned and sealed with our imperial seal.

NAPOLEON.

By the emperor.-CHAMPAGNY, minister for foreign affairs. H. B. MARET, minister secretary of state.

Certified by us, the arch-chancellor of state, EUGENE NAPOLEON.

As the treaty was declared to affect the king of Bavaria in common with the other dependant princes, the Tyrol remained unmentioned as forming a part of the Bavarian kingdom, but Buonaparte personally engaged to procure a full and complete pardon for the inhabitants of the Tyrol and the Voralberg, so that they should not be molested in their persons or property. Neither confiding in these assurances nor regarding a subsequent proclamation of Beauharnois, now calling himself Eugene Napoleon, they continued firm and stedfast in their resolution to defend the passes of their country, and again to make excursions into Bavaria and Suabia. The great leader of the Tyrolese was Andrew Hoffer, an inn-keeper at Sand in the village of Passeyr. He was about forty-five years of age, of gigantic stature, and of a pleasing countenance. His dress and manners were those of a simple peasant. The leading feature in his character and his predominant passion was religious enthusiasm; he was endowed with cool and constant courage; in his temper he was mild and merciful, and treated his prisoners with all possible humanity. His influence as a patriarch in character and appearance on the minds and hearts of all ranks of his countrymen, even the highest not excepted, appeared to be the effect of magic. He did not assume supremacy or affect to command. Under his influence rather than his authority the Tyrolese persevered

now combined against them. In vain did Buonaparte for a long time pour in fresh forces, block up the passes of the Tyrol, and obstruct as much as he was able all communication with the neighbouring countries. If the Tyrolese retired it was only for the purpose of ambuscade, and the enemy were frequently driven back after they had penetrated to the very heart of the country. At length these simple, brave, and virtuous people were overcome by the numbers of the enemy, and the death of Hoffer. He had retreated at the close of 1809 with his family to a poor cottage amidst the mountains, at that time covered with deep snow, waiting for the events of the spring. This retreat was discovered! On the 27th of January, 1810, a party of French grenadiers knocked at his door about four o'clock in the morning. Hoffer immediately opened the door and said "I am Andrew Hoffer; I am at the mercy of the French; let me suffer death instantly; but for Heaven's sake spare my wife and my children." Hoffer was accompanied by his secretary, a youth of eighteen years of age, the son of a physician at Gratz, and with his family was taken to Bolzen, where his son, aged fourteen years, was left in the hospital on account of lameness arising from the cold. His mother was sent back to the valley of Passeyr to take care of her three young children. As Hoffer was led prisoner from the Tyrol multitudes ran to see him as he passed, and expressed their grief by tears or pious ejaculations. At Mantua after a mock trial by a military commission he was condemned to death, and on the 10th of February, 1810, to the disgrace of human nature, was shot in the presence of a large number of tranquil spectators.

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T the end of January, 1809, Joseph Buonaparte was crowned king of Spain and of the Indies, at Madrid, after he had been previously acknowledged and proclaimed in many of the principal towns and provinces. After the reduction of the capital a large force was sent by Buonaparte to Talavera del Reyna with the view of reducing Cordova, Seville, Cadiz, and Lisbon. Marshal Soult took possession of Oporto though occupied by a garrison three times his numbers, without resistance. Ney, strongly reinforced by marshal Kellerman, Mortier, and Bonnet, at Lugo, made considerable progress in Gallicia, Asturias, and Biscay. Ferrol, Corunna, Bilboa, St. Andero, and all places of most importance on the northern coast of Spain fell into the hands of the enemy. At this momentous juncture the demonstration of hostile intentions on the part of Austria, produced an evident and important change in the management of the peninsular warfare. Instead of pushing forward detachments into unsubdued provinces or districts, the first care of the French was to provide for their own security by concentration. The march on Cadiz and Lisbon was suspended; the French generals drew nearer Madrid, occupied positions adjacent to the frontier fortresses of Catalonia and Navarre, or concentrated their forces in the northern

provinces of Gallicia, Asturias, and Biscay. To retain a sure footing in Spain by keeping open the communication between Bayonne and Madrid, and to complete the conquest of all that lay on the east side of the Ebro, were the objects that seemed to bound the views of the French, from the commencement of the year 1809, till the decisive battle of Wagram (July 5th) on the Danube.

The character of the war in Spain is well exemplified by the complete victory gained on the 28th of March at Medellin, by marshal Victor, over general Cuesta. and the celerity with which the Spanish general was enabled to reassemble and recruit his broken army. On the day abovementioned, the Spanish general attacked the whole division under Victor consisting of about 20,000 infantry, and 3000 cavalry. The number of this force however did not divert him from his rash resolution. The French infantry were formed in large and close columns, their flanks covered by the cavalry, their front by six batteries. Cuesta ordered some of his columns to deploy, others to storm the batteries. The town before them was the birth-place of Hernan Cortez, and that recollection alone might have given them courage. The left wing of the Spaniards advanced steadily within pistol shot of the