No VI.

Treaty of Peace, Friendship, and Alliance, between his Britannic Majesty and his Catholic Majesty, Ferdinand the 7th, signed at London, the 14th day of January, 1809.

In the name of the Most Holy and Undivided Trinity.-The events which have taken place in Spain having terminated the state of hostility which unfortunately subsisted between the crowns of Great Britain and Spain, and united the arms of both against the common enemy, it seems good that the new relations which have been produced between two nations, now connected by common interest, should be regularly established and confirmed by a formal Treaty of Peace, Friendship and Alliance: wherefore, his Majesty the King of the United Kingdom of Great Britain and Ireland, and the Supreme and Central Junta of Spain and the Indies, acting in the name and on the behalf of his Catholic Majesty Ferdinand 7th, have constituted and appointed; that is to say, his Majesty the King of the United Kingdom of Great Britain and Ireland, the Right Honourable George Canning, one of his Majesty's most honourable privy council, and his principal Secretary of State for foreign affairs; and the Supreme and Central Junta of government of Spain and the Indies, acting in the name and on the behalf of his Catholic Majesty Ferdinand 7th, Don Juan Ruiz de Apodaca, commander of Vallaga and Algarga in the military order of Calatrava, rear admiral of the royal navy, named by the Supreme and Central Junta of government of Spain and the Indies, as envoy extraordinary and minister plenipotentiary of his Catholic Majesty

Ferdinand 7th, to his Britannic Majesty; their plenipotentiaries, to conclude and sign a treaty of peace, friendship and alliance; who, having communicated their respective full powers, have agreed to and concluded the following articles:

Art. I. There shall be between his Majesty the King of the United Kingdom of Great Britain and Ireland, and his Catholic Majesty Ferdinand 7th, King of Spain and of the Indies thereunto appertaining, and between all their kingdoms, states, dominions, and subjects, a Christian, stable, and inviolable peace, and a perpetual and sincere amity, and a strict alliance during the war against France; together with an entire and lasting oblivion of all acts of hostility done on either side in the course of the late wars, in which they have been engaged against each other.

Art. II. To obviate all complaints and disputes which might arise on the subject of prizes, captured posterior to the declaration published by his Britannic Majesty on the 4th of July of the last year, it has been mutually agreed, that the vessels and property taken posterior to the date of the said declaration, in any seas or ports of the world, without any exception and without any regard either to time or place, shall be restored by both parties. And, as the accidental occupation of any of the ports of the peninsula by the common enemy might occasion disputes respecting any vessels, which in ignorance of such occupation might direct their course to those ports from any other harbour, either of the peninsula or the colonies; and as cases may occur in which Spanish inhabitants of the said ports or provinces so occupied by the enemy, may, with their property, endeavour to escape from his grasp, the high contracting parties

have agreed that Spanish vessels, not aware of the enemy's occupation of any harbour which they are desirous to enter, or such as may succeed in making their escape from any harbour so occupied, shall not be captured, nor themselves nor their cargo be considered as a good prize; but, on the contrary, that they shall meet with every help and assistance from the naval power of his Britannic Majesty. Art. III. His Britannic Majesty engages to continue to assist, to the utmost of his power, the Spanish nation in their struggle against the ty ranny and usurpation of France, and promises not to acknowledge any other King of Spain and of the Indies thereunto appertaining, than his Catholic Majesty Ferdinand 7th, his heirs, or such lawful successor as the Spanish nation shall acknowledge: and the Spanish government, in the name and on the behalf of his Catholic Majesty Ferdinand 7th, engages never in any case to cede to France, any part of the territories or possessions of the Spanish monarchy, in any part of the

world.

Art. IV. The high contracting parties agree to make common cause against France; and not to make peace with that power except by

common consent.

Art. V. The present treaty shall be ratified by both parties, and the exchange of the ratifications shall be made in the space of two months (or sooner if it can be done) in London. In witness thereof, we, the undersigned plenipotentiaries, have signed, in virtue of our respective full powers, the present treaty of peace, friendship and alliance, and have sealed it with the seals of our arms.

Done at London 14th January, 1809.

(L. S.) GEORGE CANNING. (L. s.) JUAN RUIZ DE APODACA.

Art. I. (Separate.) The Spanish government engages to take the most effectual measures for the preventing of the Spanish squadrons in all the ports of Spain, as well as of the French squadron taken in the month of June, and now in the harbour of Cadiz, from falling into the power of France. For which purpose his Britannic Majesty engages to co-operate by all means in his power. The present separate Article shall have the same force and validity as if it were inserted, word for word, in the treaty of peace, friendship and alliance sign. ed this day, and shall be ratified at the same time. In witness whereof, we, the undersigned plenipotentiaries, have signed, in virtue of our respective full powers, the present separate Article, and have sealed it with the seals of our arms.

Done at London 14th January, 1809. (L. S.) GEORGE CANNING,

(L. S.) JUAN Ruiz de ApodaCA. Art. II. (Separate.) A treaty shall forthwith be negociated, stipu lating the amount and description of succours to be afforded by his Britannic Majesty, agreeable to the third Article of the present treaty.-The present separate Article shall have the same force and validity, as if it were inserted, word for word, in the treaty of peace, friendship and alliance signed this day, and shall be ratified at the same time.-In witness whereof, we, the undersigned plenipotentiaries, have signed, in virtue of our respective full powers, the present separate Article, and have sealed it with the seals of our arms. Done at London 14th January, 1809.

(L. S.) GEORGE CANNING.

(L. S.) JUAN RUIZ DE APODACA. Additional Article.--The present circumstances not admitting of the regular negociation of a treaty of

commerce between the two countries, with all the care and consideration due to so important a subject, the high contracting parties mutually engage to proceed to such negociation as soon as it shall be practicable so to do; affording, in the mean time, mutual facilities to the commerce of the subjects of each other, by temporary regulations founded on principles of reciprocal utility. The present additional Article shall have the same force and validity as if it were inserted, word for word, in the treaty of peace, friendship and alliance signed at London the 14th day of January, 1809.-In witness whereof, we, the undersigned plenipotentiaries, have signed, in virtue of our respective full powers, the present additional Article, and have sealed it with the seals of

our arms.

Done at London, 21st March, 1809.

(L. s.) GEORge Canning.
(L. S. JUAN RUIZ DE APODACA.

No. VII.

TREATY OF PEACE.

Napoleon by the grace of God, and the constitution of the empire, Emperor of the French, King of Italy, Protector of the League of the Rhine, &c.

Having seen and considered the treaty concluded, determined, and signed at Vienna, on the 14th of this month, by the Sieur Nompere de Champagny, our minister for foreign affairs, in virtue of the full powers to that end given him by us, and the Prince John of Lichtenstein, Marshal of the armies of his Majesty the Emperor of Austria, equally provided with full powers-which treaty is of the following tenor :

"His Majesty the Emperor of the

French, King of Italy, Protector of the League of the Rhine, Mediator of the League of Switzerland, and his Majesty the Emperor of Austria, King of Hungary and Bohemia, being equally animated with the desire of putting an end to the war which has arisen between them, have resolved to negociate forthwith a definitive treaty of peace, and for that purpose have appointed as their plenipotentiaries, namely,

"His Majesty the Emperor of the French, King of Italy, Protector of the League of the Rhine, the Sicur Jean Baptiste Nompere, Count de Champagny, Duke of Cadore, grand eagle-bearer of the legion of honour, commander of the order of the iron crown, knight of the order of St Andrew of Russia, grand dignitary of that of the two Sicilies, grand cross of the orders of the black and red eagles of Prussia, of the order of St Joseph of Wurtzburg, of the order of fidelity of Baden, of the order of Hesse Darmstadt, his said Majesty's minister for foreign affairs; and his Majesty the Emperor of Austria, King of Hungary and Bohemia, the Sieur Prince John of Lichtenstein, knight of the order of the golden fleece, grand cross of the order of Maria Theresa, chamberlain, marshal of the armies of his said Majesty the Emperor of Austria, and proprietary commander of a regiment of horse in his service,

"Who, having previously exchanged their full powers, have agreed upon the following articles :

"Art. I. There shall, from the day of the exchange of the ratifications of the present treaty, be peace and friendship between his Majesty the Emperor of the French, King of Italy, Protector of the League of the Rhine, and his Majesty the Emperor

"II. The present peace is also declared to be common to his Ma

jesty the King of Spain, his Majesty the King of Holland, his Majesty the King of Naples, his Majesty the King of Bavaria, his Majesty the King of Wirtemberg, his Majesty the King of Saxony, and his Majesty the King of Westphalia, his most eminent High ness the Prince Primate, their Royal Highnessess the Grand Duke of Baden, the Grand Duke of Berg, the Grand Duke of Hesse Darmstadt, the Grand Duke of Wurtzburg, and all the princes and members of the League of the Rhine, the allies, in the present war, of his Majesty the Emperor of the French, King of Italy, Protector of the League of the

Rhine.

"III. His Majesty the Emperor of Austria, King of Hungary and Bohemia, cedes, as well for himself, his heirs and successors, as for the princes of his house, their heirs and respective successors, the principalities, lordships, domains, and territories, herein-after-mentioned, and also all titles which may accrue from the possession of the same; and all propertics, whether manorial or held by them under an especial title, lying

within the said territories.

"I. 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, Wedersdorff, Michelbach, Greist, Muckenhoffen, Helst and Jedina: thence

in the direction of Schwandstadt, the town of Schwandstadt on the Aller, and thence ascending 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 brushwood, but without enjoying any right of sovereignty upon that territory. Emperor of the French, King of Italy, the "II. He also cedes to his Majesty 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 poist where that river leaves Carniola, along its course to where it touches the frentiers of Bosnia; namely, a part of Provincial Croatia, six districts of Military Croatia, Fiume, and the Hungarian Lit

torale, 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 streams of the said river serving as the boundary between

the two states.

in the Graubunderland. "Lastly, the lordship of Radzuns lying

"III. 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, Tanbantranke, Gerlochsheim, Lengersdorff, Schirgiswald, Winkel, &c.

"IV. 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, on 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 Wieliczka. 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 Bracegy.

"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 sun, from the point where it touches upon the circle of Zamosc, to its confluence with the Vistula, shall serve as the line of demark

ation between both states.

"V. He cedes and makes over to his Majesty the Emperor of Russia, in the easternmost part of Gallicia, a tract of territory containing a population of 400,000 souls, the city of Bradi being, nevertheless, not therein included. This territory shall be amicably ascertained by commissioners on the part of both Empires.

"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 expences incurred for their administration, shall alone follow the fate of those provinces.

"VI. The provinces which are 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 mains, wheresoever situated, from the present treaty, and the Imperial do1st 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 ratification.

VII. His Majesty the Emperor of the French, King of Italy, engages to give no obstruction to the importation or exportation of merchandize into and from Austria, by way of the port of Fiume; this, nevertheless, not being construed to include English goods or manufactures. The transit duties on the goods thus imported or exported shall be lower than upon those of all other nations, the kingdom of Italy 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.