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prehending therein the principalities of Brixen and Botzen, the seven lordships of the Voralberg, with their detached dependencies, the county of Hohenems, the county of Konigsegg, Rottensels, the lordships of Tetnany and Argen, and the town and territory of Lindau.-To his majesty the king of Wirtemberg, the five citics of the Danube, to wit: Ehingen, Munderkengen, Rudlingen, Mengen, and Sulgaw, with their dependencies, the city of Constance excepted, that part of the Brisgaw which extends in the possessions of Wirtemberg, and situated to the east of a line, drawn from Schlegelberg to Molbach, and the towns aud territories of Willengen and Brentingen, to his most serene highness the elector of Baden, the Brisgaw, (with the exception of the branch and separate portions above described), the Ortenaw and their dependencies, the city of Constance, and the commanding of Meinau.The principalities, lordships, domains, and territories above mentioned shall be possessed respectively by their majesties the kings of Bavaria and Wirtemberg, and by his most serene highness the elector of Baden, as well in paramount as in full property and sovereignty, in the same manner, by the same titles, and with the same rights and prerogatives, with which they were possessed by his majesty the emperor of Germany and Austria, or the princes of his house, and not otherwise.-IX. His majesty the emperor of Germany and Austria, acknow ledges the debts contracted by the house of Austria, for the benefit of private persons and public establish. ments of the country, making at present an integrant part of the French empire; and it is agreed that his said majesty shall remain free

Germany and of Austria acknowledges his majesty the emperor of the French as king of Italy; but it is agreed that, in conformity with the declaration made by his majesty the emperor of the French, at the moment when he took the crown of Italy, that as soon as the parties named in that declaration shall have fulfilled the conditions therein expressed, the crowns of France and Italy shall be separated for ever, and cannot in any case be united on the same head. His majesty the emperor of Germany binds himself to acknowledge, on the separation, the successor his majesty the emperor of the French shall appoint to himself as king of Italy.-VI. The present treaty of peace is declared to comprehend their most serene highnesses the electors of Bavaria, Wirtemberg, and Baden, and the Batavian republic, allies of his majesty the emperor of the French, in the present war.- VII. The electors of Bavaria and Wirtemberg having taken the title of king, without ceasing nevertheless to belong to the Germanic confederation, his majesty the emperor of Germany and Austria acknowledges them in that character.-VIII. His majesty the emperor of Germany and Austria, as well for himself, his heirs, and successors, as for the princes of his house, their heirs and successors respectively, renounces the principalities, lordships, domains, and territories, hereinafter specified: Cedes and abandons to his majesty the king of Bavaria, the margraviste of Burgau and its dependencies, the principality of Eichstadt, the part of the territory of Passau belonging to the elector of Salzburg, and situated between Bohemia, Austria, the Danube, and the Ian; the country of Tyrol, com

from

from all obligation, with respect to any debts whatsoever which the house of Austria may have contracted, on the ground of the possession, and of securities on the soil of the countries which it renounces by the present treaty.-X. The county of Salzburg, and of Berchtolsgaden, belonging to his royal and electoral highness prince Ferdinand, shall be incorporated with the empire of Austria; and his majesty the emperor of Germany and Austria shall possess them in full property and sovereignty, but by the title of a dutchy only.-XI. His majesty the emperor of the French, king of Italy, engages himself to obtain, in favour of the archduke Ferdinand, elector of Salzburg, the cession by his majesty the king of Bavaria of the principality of Wurtzburg, such as it has been given to his said majesty by the recess of the deputation of the Germanic empire, of the 25th February, 1803. The electoral title of his R. H. shall be transferred to this principality, which his R. H. shall possess in full property and sovereignty, in the same manner and on the same conditions that he possessed the electorate of Salzburg. And with respect to debts, it is agreed, that the new possessor shall stand charged only with those debts resulting from loans formally agreed to by the states of the country, or the expences incurred for the effective administration of the said country. -XII. The dignity of grand master of the Teutonic order, its rights, domains, and revenues, which, before the present war, were dependencies of Mergentheim, the chief place of the order; the other rights, domains, and revenues, 'which shall be found to belong to the grand mastership at the time of the ex

change of the ratifications of the present treaty; as well as the domains and revenues in possession of which the said order shall be, at the same epoch, shall become hereditary in the person and descendants in the direct male line, according to the order of primogeniture, in which ever of the princes of the imperial house, as shall be appointed by his majesty the emperor of Germany and Austria. His majesty the em peror Napoleon promises his good offices to obtain, as soon as possible, for his royal highness the archduke Ferdinand, a full and entire indemnity in Germany.--His majesty the elector of Bavaria shall occupy the city of Augsburg and its territory, and unite them to his states, in full property and sovereignty. In the same manner the king of Wirtemberg may occupy, unite to his states, and possess in full property and sovereignty, the county of Born. dorff: and his majesty the emperor of Germany and Austria engages himself to give no opposition.XIV. Their majesties the kings of Bavaria and Wirtemberg, and his most serene highness the elector of Baden, shall enjoy over the territo ries ceded, as well as over their ancient estates, the plenitude of sove. reignty, and all the rights resulting from it, which have been guaranteed to them by his majesty the emperor of the French, king of Italy, in the same manner as his majesty the emperor of Germany and Austria, and his majesty the king of Prussia, over their German states. His majesty the emperor of Germany and Austria, both as chief of the empire, and as co-estates, engages himself not to oppose any obstacle to the execution of the acts which they may have made, or will make, in consequence.

consequence.-XV. His majesty the emperor of Germany and Austria, as well for himself, his heirs and successors, as for the princes of his house, their heirs and successors, renounces all the rights, as well of sovereignty, as of paramount right to all pretensions whatsoever, actual or eventual, on all the states, without exception, of their majesties, the kings of Bavaria and Wirtemberg, and of his most serene highness the elector of Baden, and generally on all the states, domains, and territories: comprized in the circles of Bavaria, Franconia, and Suabia, as well as to every title, taken from the said domains and territories and reciprocally, all pretensions actual or eventual, of the said states, to the charge of the house of Austria, or its princes, are, and shall be, for ever extinguished: nevertheless, the renunciations, contained in the present article, do not concern the properties, which are by the 11th article, or which shall be, by virtue of the 12th article above, conceded to their royal highnesses the archdukes, named in the said, articles.-XVI. The titles of the domains and archives, the plans and maps of the different countries, towns, and fortresses, ceded by the present treaty, shall be given up in the space of three months from the date of the exchange of the ratifications, to the persons that shall have acquired the property of them.XVII. His majesty the emperor Napoleon guarantees the integrity of the empire of Austria in the state in which it shall be, in consequence of the present treaty of peace; as well as the integrity of the possessions of the princes of the house of Austria, pointed out in the 11th and 12th articles.-XVIII. The high contracting parties acknowledge the

independence of the Helvetic republic, as established by the act of me. diation, as well as the independence of the Batavian republic.-XIX, The prisoners of war made by France and her allies, from Austria, and by Austria from France and her allies, and who have not been yet restored, shall be restored within 40 days from the date of the exchange of the ratifications of the present treaty.-XX. All commercial communications and relations are re-established, in the two countries, on the same footing as before the war.XXI. His majesty the emperor of Germany and Austria, and his ma jesty the emperor of the French, king of Italy, shall maintain between them the same ceremonial, as to rank and etiquette, as was observed before the present war.-XXII. Within five days from the exchange of the ratifications of the present treaty, the town of Presburg, and its environs, to the extent of six leagues, shall be evacuated. Ten days after the said exchange, the French and the troops of the allies of France shall evacuate Moravia, Bohemia, the Viertel Unter Vienner Wald, the Viertel Unter Manhartsber, Hungary, and the whole of Styria. In the ten following days, they shall evacuate the Viertel Vi enner Wald, and the Viertel Ober Manhartsberg; and finally, in the space of two months from the exchange of the ratifications, the French troops, and the troops of the allies of France, shall evacuate the whole of the hereditary.states of his majesty the emperor of Germany and of Austria, with the exception of the place of Brannau, which shall remain for one month at the disposal of his majesty the emperor of the French, king of Italy, as a place of depot for the sick

and

contain, in the space of six weeks from the exchange of the ratifications. The respective commissaries will take care that the separation of the artillery belonging to the republic of Venice, from the Austrian artillery, be exactly made, the former being to remain entirely to the kingdom of Italy. They will determine by a mutual agreement the kind and nature of the objects, which being the property of the emperor of Germany and of Austria, are conse quently to remain at his disposal. They will agree either on the sale to the kingdom of Italy, of the ob jects above mentioned, or the exchange for an equivalent quantity of artillery, or other objects of the same, or a different nature, which shall have been left by the French armies in the hereditary states.Every facility and every assistance shall be given to the Austrian troops, and to the civil and military admi nistrations, to return into the Aus, trian states by the most convenient and sure ways, as well as to the conveyance of the imperial artillery, the naval and military magazines, and other objects which are not comprehended in the stipulations of sale or exchange which may be made. -XXIV. The ratifications of the present treaty shall be exchanged within the space of eight days, or sooner if possible.-Done and signed at Presburgh, the 25th of Dec. (Signed)

and for the artillery.-No requisi- all the places and forts which they tion, of whatever nature, shall be made of the inhabitants during that month. But it is agreed, that, at the expiration of the said month, no corps whatever of Austrian troops can be stationed or introduced within a circuit of six leagues around the said place of Brannau. It is in like manner agreed, that each of the places which are to be successively evacuated by the French troops, within the times above-mentioned, shall not be taken possession of by the Austrian troops, till eight and forty hours after the evacuation. It is also agreed, that the magazines left by the French army, in the places which they shall successively evacuate shall remain at its disposal; and that the high contracting parties shall make an arrangement relative to all contributions of war whatsoever, imposed on the different hereditary states, occupied by the French army, an arrangement in virtue of which, the raising of the said contributions shall entirely cease from the day of the exchange of the ratifications. The French army shall draw its provisions and its sustenance from its own magazines, established on the routes by which it is to proceed.-XXIII. Immediately after the exchange of the ratification of the present treaty, commissaries shall be named on both sides, to give up and to receive, in the names of their respective sovereigns, all parts of the Venetian territory, not occupied by the troops of his majesty the emperor of the French and king of Italy. The eity of Venice, the Langues, and the possessions of Terra Firma, shall be given up in the space of fifteen days; Venetian Istria, and Dalmatia, the mouths of the Cattaro, the Venetian Isles in the Adriatic, and

1805.

Ch. Maur. Talleyrand. (L.S.) John Prince of Lichtenstein. (L.S.) (Signed)

Ignaz, Count de Guylai.

We have approved, and do ap prove the above treaty, in all and each of its articles therein contain ed; we declare, that it is accepted, ratified, and confirmed; and we

promise

promise, that it shall be inviolably observed. In farth of which, we have given these presents, signed with our hand, countersigned and sealed with our imperial seal. At the palace of Schoenbrunn, 27th of December, 1805. By the emperor, Napoleon. The minister sec. of state, H. B. Maret. The minister of foreign relations, Ch. Maur. Talleyrand.

New Constitution of Holland.-The following is a Sketch of the Plan of the New Constitution of Hol. land, and an Account of the successive Proceedings relative to the Adoption of the said Plan.

Hague, March 15th, 1805. This day the legislative body received, from the state directory, a note containing the following propositions:-1. That the plan of the Batavian Constitution (inserted in that note, and of which an abstract is given below) shall be proposed to the Batavian people, for their approbation or rejection: and, 2. That it be proposed to the Batavian people, at the same time, to appoint, in the event of their adopting this constitution, Rutger Jan Schimmelpenninck, first pensionary of the council, with such powers as are more fully stated in the said proposal and, 3. That both the above shall be proposed to the Batavian people, in conformity to the prescriptions published Sept. 14, 1801. The said note was, by the legislative body, referred to citizens Vander muylen, Van Hoof, Van Rhemen, Siderius, De Crane, Repelaer Van Spykenisse, De Joncheere, De Sitter, and De Lange Van Wyngaerden, to take it into consideration, VOL. XLVIL.

and to report their opinion to the assembly.

The plan is divided into eightyseven articles. Articles 1 to 9, inclusive, contain general regulations: by articles 10 to 14, the territorial division of the republic is fixed, which is to be comprised, as hitherto, in eight departments, subdivided into districts. The exercise of the right to vote is to remain provisionally upon the present footing. No clergyman of any persuasion can be elected to any political office, and military persons are not to vote, but at the place of their fixed · habitation, separate from that where they are in garrison. Articles 15 to 37 treat of the legislative body, which is to be styled their high mightinesses, representing the Batavian commonwealth: the assembly is to be addressed, high and mighty lords. This assembly, with the pensionary, represent the supreme power of the Batavian people, and the fixing of laws belongs to them. The assembly is to consist of nineteen members, elected for three years, and nominated by the administrations of the departments; viz. seven for Holland, one for Zealand, one for Utrecht, and two for each of the other departments. With respect to their qualifications, they must be citizens who have a right to vote, be upwards of thirty years of age, born within one of the eight departments, or the colonies of the state, and have resided, for six years preceding their election, in the department for which they shall sit, unless absent in the service of the republic; and they must not be related to each other, up to the fourth degree of consanguinity. For each election the departmental adminis tration is to send four names to the Xx pensionary,

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