zi8 VARSOVIE
wishes of the people. In 1805, the balance tipped decisively in Napoleon's
favour. The French occupied Vienna. The Russian army tramped across the
Polish lands from end to end, only to be thoroughly beaten with their Austrian
allies at Austerlitz on 5 December. On 14 October 1806, at Jena and Auerstadt,
the Prussians were annihilated. Berlin was occupied. In November, Davout took
Poznan, whilst Murat entered Warsaw. The three partitioning powers were
prostrate. D^browski and Wybicki, the old campaigners, were persuaded to
issue an 'Appeal to the Polish Nation'. Zajaczek set to forming the Northern
Legion, Prince Jozef Poniatowski, after much deliberation, was persuaded to
accept command of the new Polish forces. Napoleon's first visit to Warsaw on
19 December 1806 led to the formation of a Ruling Commission, headed by
Stanislaw Malachowski, one-time President of the 'Great Sejm'. Yet no hint was
dropped as to the Emperor's ultimate intentions. The campaign of 1807 in
Pomerania and East Prussia against the Russians and Prussians was fought
without any indication of its political aims. After the indecisive battle of Eylau
(Ilawa) in February, and Gneise-nau's brilliant defence of Colberg, Napoleon
was quite prepared to hand the whole of his Polish conquests back to Prussia.
Even after his final repulsion of the Russians at Friedland in June, he entered
negotiations with the Tsar with the clear intention of trading Poland in
exchange for concessions elsewhere. But the Tsar refused to comply. The cre-
ation of the Duchy of Warsaw under French auspices, as envisaged by the
Treaty of Tilsit in July 1807, resulted from the Tsar's refusal to undertake the
administration of Prussian Poland for himself. On this occasion, as on many
others, the fate of the Polish lands was imposed by foreign negotiators acting
exclusively for reasons of their own. In Polish eyes, this was the fourth Partition.
The territory of the Duchy was carved from the lands of the Prussian
Partition. It included South Prussia (Mazovia and Wielkopolska) but not
Danzig, which was made into a Free City, nor New East Prussia (Bialystok)
which was ceded to Russia. In 1809, in consequence of the war with Austria, it
was enlarged by the addition of Cracow, and of 'West Galicia' (Lublin,
Zamosc). At its greatest extent, it comprised some 154,000 km^2 , with a popula-
tion of 4.3 million people, of whom 79 per cent were Poles, and 7 per cent Jews.
At best it could be described as a rump Polish state, with no access to the sea,
and with no prospect of uniting the Polish lands as a whole. The name of
'Poland' was carefully avoided. (See Map 8.)
The Duchy's French Constitution was presented in Dresden by Napoleon on
21/22 July 1807. Frederick-August, King of Saxony, was appointed as hereditary
duke. His powers were ambiguously described as 'absolute, under the Protector
of the Rhine'. He was a conscientious man, who spoke Polish, but made only
four visits to Warsaw. He, or his Viceroy, was to enjoy full executive powers
through the five ministries of a Council of State, and through the Prefects of the
six, later ten, departments. There was to be a bicameral Assembly with an
appointed Senate and an elected lower house, but no principle of ministerial
accountability. Like the district councils in the provinces, the legislature was