tion was drawn up, and approved, vesting the executive power in the king, and the legislative in the two chambers of the diet.

The first session of the diet was held in 1809, but it had scarcely finished its labors, before the emperor of Austria declared war against France; and marched an army into the territories of the duchy. A battle took place on the 19th of April, between the Poles headed by Poniatowski, and the Austrians under the arch-duke Ferdinand, at Raszyn, four leagues from Warsaw. After an obstinate engagement, the Poles withdrew in good order, and suffered the enemy to enter the capital. Poniatowski retired with his army into Gallicia to rouse his brethren there to rebellion. An insurrection immediately followed his entrance; and in a short time the whole of Gallicia rose in favor of their brave deliverers, and forced their enemies to evacuate the province. The campaign ended with the defeat of the Austrians at the great battle of Wagram, on the 6th of July. In October, a treaty of peace was signed at Vienna. Four departments of the conquest, Cracow, Radom, Lublin and Siedlec, were added to the duchy; the circles of Parnopol and Zbazaz were ceded to Russia; the salt mines of Wielickzka were to be in common between Austria and the duchy. This arrangement satisfied the Poles that it was no part of the policy of Napoleon to restore their kingdom to its ancient boundaries. They were, however, encouraged by this small accession of territory, It gave them hopes of future advancement.

Notwithstanding the deception repetedly practised on the Poles by Napoleon, the year 1812, found a great number of them ready to sustain his interests. On the 26th of June the diet of the duchy assembled; and during their session decreed a general confederation, and appointed a confederate council of which prince Czartoryski was president. The first act of this body was to recall from the

service of Russia all Poles of every capacity, and to declare them absolved from their oaths of allegiance to the emperor Alexander.

In the mean time the French army destined to act against Russia entered Lithuania, and established their head quarters at Wilna. While there, a deputation of the diet waitupon Napoleon and presented him with an address. His reply was mysterious and unsatisfactory. "In my sit

uation I have many interests to conciliate and many duties to perform. If I had reigned at the time of the first, second, or third partition of Poland, I would have armed all my people to support you. I love your nation; during the last sixteen years I have seen your soldiers at my side in the fields of Italy, as well as those of Spain. I applaud all that you have done; I sanction the efforts you wish to make; I will do every thing in my power to second your resolutions. I have always used the same language since my first appearance in Poland; I must add here, that I have guaranteed Austria the integrity of her states, and that I cannot authorize any design or step that may tend to disturb her in the peaceable possession of the Polish provinces which remain under her power. Let Lithuania, Samogitia, Witepsk, Polock, Mohilow, Volhynia, the Ukraine, and Podolia be animated with the same spirit which I have witnessed in Great Poland, and Providence will crown with success the purity of your cause; will reward this devotion to your country, which has so much interested me in your behalf, and has given you so many claims to my esteem and protection, on which you depend under all circumstances."

This evasive answer convinced the Lithuanians, that no confidence was to be placed in the promises of Napoleon. They began to think it was better for them to remain the subjects of Alexander than to trust their lives and fortunes in the hands of a man "who had many interests to concili

ate and many duties to perform, one of which was to guarantee the integrity of the states of Austria."

Although Napoleon did not meet with so favorable a reception in Poland as he anticipated, yet more than seventy thousand Poles marched in the ranks of the grand army which he led agains: Russia. They were commanded by prince Poniatowski; and distinguished themselves at Smolensko, Borodiuo and Kalouga. They saw the dreadful conflagration of Moscow, and shared the honors and deprivations of the retreat without a murmur. The small number that returned, remained faithful to their master to the last extremity of his fortunes. They fought at Lutzen and Bautzen, at Dresden and Leipzig. At the latter place the chivalrous, the patriotic Poniatowski ended his glorious but unfortunate career. They did not lay down their arms, until Napoleon had abdicated his throne, and yielded up France to the enemy. They then requested of Alexander permission to return to their country, which was readily granted.

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Thus ended the serviee of the small remnant of those numerous phalanxes which the brave Poniatowski had so of ten led to victory. They did not achieve the independence of their country,-the earnest, the constant desire of their hearts. This was not in their power. Napoleon had too many interests to conciliate, and too many duties to perform" to think of re-establishing the ancient kingdom of Poland. He complimented them for their bravery, thanked them for their faithfulness, professed great love for their nation, abhorred the authors of the first, second and third partition, but he had guaranteed the integrity of the Austrian states, and "could not authorize any step which would tend to disturb her in the peaceable possession of her Polish provinces."

CHAPTER III.

Congress of Vienna-Duchy of Warsaw erected into a kingdom-Negotiations in relation to Poland-Liberal spirit of Alexander--Views of the allies- Alexander proclaimed king-Constitution of Poland- Zaionczck the king's lieutenant-Constantine- His conduct- His treatment towards Wolaski-A son of count Plater condeinned to be a soldier-Cruelty toward a Polish officer-Patriotic association -Prosecution against the members-Treatment of Lukasenski-Circumspection of the Poies-Sufferings of the condemned patriots.

THE fate of Poland now became an object of interest to every liberal mind in Europe, and the proceedings of the congress of Vienna were looked to with a great deal of impatience. The views of the liberal party in England coincided with those of the same party on the continent. “The avowed principle, says the Edinburgh Review of September, 1814, of the grand confederacy which has so recently delivered the world was, that all should be united for the protection of all, that the independence of each state should be secured by the combination of its neighbors,and that henceforth they alone should be put in jeopardy who attempted to violate that mutual paction of defence by which all were defended.-Is it not natural in such a moment to look for the restoration of Poland ?"

"the

On the 3d of May, 1815, the congress settled the most interesting question, that came before them during their session. By the fifth article of the treaty between Russia and Austria, it was solemnly declared that grand duchy of Warsaw, with the exception of those provinces and districts which are otherwise disposed of by the following articles, is united to Russia. It shall be irrevocably bound to the Russian empire by the constitution, to be enjoyed by his majesty the emperor of all the Russias, his heirs, and successors for ever." The salt mines of Wieliczka which had constituted a part of the duchy, as well as a portion of Gallicia, was ceded to Austria. The terri

tory of Cracow was created into a republic under the protection of Russia, Austria and Prussia. The grand duchy of Posnania was given to Prussia.

Such was the result of the negotiations in relation to Poland. They necessarily embraced the future condition of the kingdom, which though then occupied by the Pruzsians, had, from previous session to France, become a fit subject of arrangement not for the benefit of Russia alone, but the whole European commonwealth. "At that period says the Metropolitan Magazine for May, 1331, the emperor Alexander displayed a spirit of liberality and magnanimity, which appeared to have owed its origin to various circumstances. Madame de Stael has well delineated his moral character, by saying that he was "an accident," -the mere creature of circumstances. Thus, on his return from witnessing the prosperity of this country, he was so enamoured of free institutions, that he ordained the establishment of trial by jury' throughout Poland, within six months. In this he was carried away by mere impulse, without the slightest regard to the fitness or unfitness of the institution (however admirable in some situations) to the wants, habits, and even prejudices of the people among whom he proposed to naturalize it. There were, however, in addition, some important considerations which may not have been without weight in producing a concession in favor of Poland.

Throughout all the reverses of Napoleon, even when deserted by his nearest connexions, the Poles remained faithful, and never faltered from their allegiance. Such chivalrous devotion obtained for the gallant Dombrowski and his band of heroes a favorable capitulation. But it was incompatible with the policy of the restored French government to retain in the centre of France men so deeply pledged to their unsuccessful rival. The Poles, however, refused to return to their native land without an assurance