Treaty of Vienna (1809)

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 sieur 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 Wurtsburg, 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 of Austria, king of Hungary and Bohemia, their heirs and successors, their states and subjects respectively, for ever.

II. The present peace is also declared to be common to his majesty 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 Wirtemburgh, his majesty the king of Saxony, and his majesty the king of Westphalia, his most eminent highness the prince primate, their royal highnesses the grand duke of Baden, the grand duke of Berg, the grand duke of Hesse-Darmstadt, the grand duke of Wurtzburgh, 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 properties, whether manorial or held by them under an especial title, lying within the said territories.

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, Wedersdorff, Michelbach, Greist, Muckenhoffen, Heist 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 Saltz-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.

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 Triest, Carniola, with its dependencies on the gulf of Triest, 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, 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 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 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 demarcation between both states.

5. 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 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 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 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.

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 public 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 completely liquidate the sum due to Mont St. Theresa, now Mont 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 inhabitants 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 period, shall be reciprocally allowed to the inhabitants and landholders 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 commissioners.

The same measures shall be adopted within the same period upon the frontiers of Upper Austria, Saltzburgh, Willach, and Carniola, as far as the Saave. The Thalweg 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 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.

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

Done and signed at Vienna, October 14, 1809.

(Signed)
 * J. B. Nompere De Champagny.
 * John Prince of Lichtenstein.

Ratification
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 Napoleon.