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 commissioners.

The same measures shall be adopt ed within the same period upon the frontiers of Upper Austria, Saltzburgh, 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 nominated.

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 VOL. LI.

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 present 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.

3 B

XVIII.

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

Done and signed at Vienna, Oct. 14, 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.

Given at our imperial camp at Schoenbrunn, October 15, 1809. (Signed) 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 NAPO

LEON.

Proclamation issued by Eugene Napoleon, Arch-Chancellor of State of the French Empire, Viceroy of Italy, Prince of Venice, and Commander in Chief of the Army of Italy to the People of the Tyrol; dated Head Quarters, Villach, Oct. 26th, 1809.

Tyroleans! Peace is concluded between his majesty the emperor of the French, king of Italy, Pro

tector of the confederation of the Rhine, my august father and sovereign, and his majesty the emperor of Austria.

Peace therefore prevails every where, except among you-you only do not enjoy its benefits.

Listening to perfidious suggestions, you have taken up arms against your laws, and have subverted them, and now you are gathering the bitter fruits of your rebellion; terror governs your cities; idleness and misery reign in you; discord is in the midst of you; and disorder every where prevails. His majesty the emperor and king, touched with your deplorable situation, and with the testimonies of repentance which several of you have conveyed to his throne, has expressly consented, in the treaty of peace, to pardon your errors and misconduct.

I then bring you peace since I bring you pardon. But I declare to you, that pardon is granted you only on the condition that you return to your obedience and duty, that you voluntarily lay down your arms, and that you offer no resistance to my troops.

Charged with the command of the armies which surround you, I come to receive your submission, or compel you to submit.

The army will be preceded by commissioners appointed by me to hear your complaints, and to do justice to the demands you may have to make-But know that these commissioners can only listen to you when you have laid down your

arms.

Tyroleans! If your complaints and demands be well founded, I

hereby

done you.

Manifesto, fixing the days when the General Cortes of the Spanish Monarchy are to be convoked and held; dated Royal Alcazar of Seville, Oct. 28. 1809.

Spaniards!-By a combination of events as singular as fortunate, it has seemed good to Providence, that in this terrible crisis you shall not advance a step towards independence without likewise advancing one towards liberty. A foolish and feeble tyranny, in order to rivet your fetters and aggravate your chains, prepared the way for French despotism, which, with the terrible apparatus of its arms and victories, endeavoured to subject you to a yoke of iron. It at first exhibited itself, like every new tyranny, under a flattering form, and its political impostors presumed they should gain your favour by promising you reforms in the administration, and announcing, in a constitution framed at their pleasure, the empire of the laws.

A barbarous and absurd contradiction, worthy certainly of their insolence. Would they have us believe that the moral edifice of the fortune of a nation can be securely founded on usurpation, iniquity, and treachery? But the Spanish people, who were the first of modern nations to recognize the true principles of the social equilibrium, that people who enjoyed before any other the prerogatives and advantages of civil liberty, and knew to oppose to arbitrary power the eternal barrier directed by justice, will borrow from no other na

litical precaution; and tell those impudent legislators, that they will not acknowledge as laws the artifices of intriguers, nor the mandates of tyrants. Animated by the generous instinct, and inflamed with the indignation excited by the perfidy with which you are invaded, you ran to arms, without fearing the terrible vicissitudes of so unequal a combat, and fortune, subdued by your enthusiasm, rendered you homage, and bestowed on you victory in reward for your valour. The immediate effect of these first advantages was the re-composition of the state, at that time divided into as many factions as provinces. Our enemies thought that they had sown among us the deadly germ of anarchy, and did not advert that Spanish judgment and circumspection

were always superior to French machiavelism, Without dispute, without violence, a supreme authority was established; and the people, after having astonished the world, with the spectacle of their sublime exaltation and their victories, filled it with admiration and respect by their moderation and discretion.

The central junta was installed, and its first care was to announce to you, that if the expulsion of the enemy was the first object of its attention, the inferior and permanent felicity of the state was the principle in importance: to leave it plunged into the flood of abuses, prepared for its own ruin by arbitrary power, would have been in the eyes of our present government, a crime as enormous as to deliver you into the hands of Buonaparté; therefore, when the turbulence of war permitted, it caused

to resound in your ears the name of your cortes, which to us have ever been the bulwark of civil liberty, and the throne of national majesty, a name heretofore pronounced with mystery by the learned, with distrust by politicians, and with horror by tyrants, but which henceforth signify in Spain the indestructible base of the monarchy, the most secure supports of the rights of Ferdinand VII. and of his family, a right for the people, and the government an obligation.

That moral resistance, as general as sublime, which has reduced our enemies to confusion and despair in the midst of their victories, must not receive less reward. Those battles which are lost, those armies which are destroyed, not without producing new battles, creating new armies, and again displaying the standard of loyalty on the ashes and ruins which the enemies abandon; those soldiers who, dispersed in one action, return to offer themselves for another; that populace which despoiled of almost all they possessed returned to their homes to share the wretched remains of their property with the defenders of their country; that concert of lamentable and despairing groans and patriotic songs; that struggle, in fine, of ferocity and barbarity on the one hand, and of resistance and invincible constancy on the other, present a whole as terrible as magnificent, which Europe contemplates with astonishment, and which history will one day record in let ters of gold for the admiration and example of posterity. A people so magnanimous and generous ought only to be governed by laws which are truly such, and which shall bear great character of public con

the

sent and common utility-a character which they can only receive by emanating from the august assembly which has been announced to you. The junta had proposed that it should be held during the whole of the ensuing year, or sooner, if circumstances should permit. But in the time which has intervened since the revolution, a variety of public events have agi tated the minds of the people, and the difference of opinions relative to the organization of the government, and the re-establishment of our fundamental laws, has recalled the attention of the junta to these important objects with which it has latterly been profoundly occupied. It has been recommended on the one hand, that the present government should be converted into a regency of three or five persons: and this opinion has been represented as supported by one of our ancient laws, applicable to our present situation. But the situation in which the kingdom was, when the French threw off the mask of friendship, to execute their treacherous usurpation, is singular in our history, and cannot have been foreseen in our institutions. Neither the infancy, nor the insanity, nor even the captivity of the prince, in the usual way in which these evils occur, can be compared with our present case, and the deplorable situation to which it has reduced us.

A political position entirely new requires political forms and principles likewise entirely new. To expel the French, to restore to his liberty and his throne our adored king, and to establish solid and permanent bases of good government, are the maxims which gave the impulse to our revolution, are

those

those which support and direct it; and that government will be the best which shall most promote and fulfil these three wishes of the Spanish nation. Does the regency of which that law speaks promise us this security? What inconveniences, what dangers, how many divisions, how many parties, how many ambitious pretensions, within and without the kingdom; how much, and how just, discontent in our Americas, now called to have a share in the present government? What would become of our Cortes, our liberty, the cheering prospects of future welfare and glory which now present themselves? What would become of the object most valuable and dear to the Spanish nation-the preservation of the rights of Ferdinand? The advocates for this institution ought to shudder at the immense danger to which they exposed themselves, and to bear in mind, that by it they afforded to the tyrant a new opportunity of buying and selling them. Let us bow with reverence to the venerable antiquity of the law; but let us profit by the experience of ages. Let us open our annals, and trace the history of our regencies. What shall we find?-a picture equally melancholy and frightful, of desolation, of civil war, of rapine, and of human depravity, in unfortunate Castile.

Doubtless, in great states, power is more beneficially exercised by few than by many. Secrecy in deliberation, unity in concert, activity in measures, and celerity in execution, are indispensable requisites for the favourable issue of the acts of government, and are properties of a concentrated authority only. The supreme junta has therefore just concentrated its own with that pru.

dent circumspection which neither exposes the state to the oscillations consequent upon every change of government, nor materially affects the unity of the body which is entrusted with it. Henceforth a section composed of the removable members, will be specially invested with the necessary authority to direct those measures of the executive power, which from their nature require secrecy, energy, and dispatch. Another opinion hostile to the regency, equally contradicts whatever innovation may be attempted to be made in the political form which the government has at present, and objects to the intended cortes, as an insufficient representation, if they are constituted according to the ancient formalities, as ill-timed and perhaps hazardous, in respect to present circumstances; in short as useless, since it supposes that the superior juntas, elected immediately by the people, are their real representatives. But the junta had expressly declared to the nation, that its first attention in the great object would be occupied with the number, mode, and class with which the meeting of this august assembly in the present situation of affairs should be carried into effect; and after this declaration it is quite superfluous, not to say malicious, to suspect that future cortes are to be confined to the rigid and exclusive forms of our ancient ones. Yes, Spaniards, you are going to have your cortes, and the national representation will in them be as perfect and full as it can and ought to be in an assembly of such high importance and eminent dignity. You are going to have cortes, and to have them immediately, because the urgent situation in which the nation is placed, impe

riously