Eylau: Precis Des Travaux de la Grande Armée
The Capitulation of the City and Fortress of Magdeburg: 8 November 1806
Articles for the capitulation of the city and fortress of Magdeburg,
Agreed between the brigadier general Dutaillis, one of the commanders of the legion of honor, knight of the military Order of Bavaria, and head of the chief-of-staff of the 6th. body of the French Grand-Army in Germany: colonel Liger Belair, Officer of the Legion of Honour, adjutant-commander as a head of the staff of the advanced guard; and the captain Regnard, member of the legion of honor and aide-de-camp of H. Exc. Mr. marshal Ney, stipulating in the name of Mr. Ney marshal of the Empire, grand-officer of the legion of honor, grand-ribbon, head of the 7th troop, knight of the Order of the Christ of Portugal, and commanding as head of the 6th. corps of the French Grand-Army;
And MM. von Renouard, major general, head of a regiment of infantry and knight of the military Order of Merit of Prussia; Dutrossel, commanding colonel of infantry of the place of Magdeburg; and Leblanc, captain with the regiment Prince Louis of Prussia, infantry, stipulating in the name of H. Exc. Mr. the count von Kleist, General of infantry, knight of the orders of the Black Eagle and the Red Eagle of Prussia, and that of Saint-Alexandre and Neuski of Russia, and military governor of the city and citadel of Magdeburg:
ART. Ist. The city, citadel and fortifications of Magdeburg will be given to the troops of the 6th. corps of the French Grand-Army, with their artillery, ammunition, stores, provisions of all species and public properties, without any restriction, and in the state that all these things will be found at the time of the capitulation.
II. The gate known as the Ulrich and the outer works which depend on it, will be given to the French Army, to be occupied by it on the afternoon of November 10.
III. The garrison will have the honors of the war; it will leave on November 11, at eleven oclock in the morning, drums beating, flags deployed, with four pieces of campaign cannons, by the gate known as Ulrich. It will put the weapons down, and the cavalry will deliver its weapons and its horses to the place, which will be agreed, to carry the guns to the place.
IV. The weapons deposited, the garrisons will be captive of war; the soldiers will be led to France, and the officers will be prisoners on their word of honor not to serve before their exchange against H. M. the Emperor of the French and King of Italy, nor against its allies, and they granted freedom to withdraw themselves to the places which they will indicate. However only the officers who have with them family, and which are established and married in Magdeburg, will be able to remain in the city.
V. The officers will preserve their swords, their luggage and their horses. The soldiers will preserve also their haversacks and overcoats.
VI. The cadets, color-bearers, sergeant-majors of the infantry and first quarter masters of the cavalry, will be considered as officers and treated as such.
VII. The pay-masters, chaplains, surgeons and leading seamen will not be considered like prisoners of war.
VIII. The two incomplete companies of invalids who are in the place, will leave their weapons, and will be returned in their old garrisons, one in Peim near Hildesheim, the other in Aacken, where they will receive their allotments and ordinary food by the care of the local authorities and at the expense of the country.
IX. After the departure of the garrison, the officers will return to the city to receive their passports there, and will leave after having received them. The reserve containing words of honor not to serve before their exchange will be prepared in advance.
X. The married soldiers and those established in Magdeburg after an extensive inspection will remain with their family, with the proviso of not being useful before exchange and of not wearing their military dress.
XI. The wounded officers and soldiers and patients will be able to remain in Magdeburg until their cure. They will be taken care of at the expense of the city.
Prussian army surgeons will remain in the place in a sufficient number to look after them. They, throughout all their stay, will be treated by the city like the French army surgeons.
XII. The people, the particular properties of the habitants, the worships and their religious opinions are put under the safeguard of the French laws and honesty.
If there were people in the city who wanted to leave it, either while preserving their residence, or by selling their properties, they would be given the passports and guarantees necessary.
XIII. Nothing will be changed in the administration, or in the current institutions of the country. The magistrates who are charged, will continue their functions and will receive the protection of the French Army.
XIV. Both sides will name, police chiefs for the inventory and turning over of plans and charts, papers, files, artillery, ammunition of war and mouth, and all the public properties, some in the state they are in, which can be found in the place.
XV. The senior officers and others, as well as the cadets, color-bearers, sergeant-majors, and first quarter-masters who will be withdrawn, in advance of the present capitulation, in the Prussian provinces occupied by the French Armies, or which have suddenly been found thereafter, will receive, at the expense of these provinces and by the care of the local governments, their pledges and appointments on a footing of peace. These pledges and appointments will have to be paid exactly the first of each month.
XVI. H. Exc. Mr. the governor of Magdeburg will have faculty to send, if he considers it suitable, an officer of his court, to deliver the opinion on this capitulation to us. This officer will receive the passports necessary.
XVII. All the articles of this capitulation which could appear to present in a doubtful direction, will be interpreted with the advantage of the garrison.
XVIII. Both sides will give three ranks of hostages which will be agreed, for the reciprocal guarantee of the execution of the capitulation. These hostages will be given tomorrow November 9, and will be respectively returned after the occupation of the place.
Submitted in duplicate at Magdeburg, the 8 of November 1806.
gal. of brigade,
Signed, Von RENOUARD,
Signed, LIGER BELAIR,
Signed, L. A. J. REGNARD,
Signed, H. LEBLANC,
Certified copy for,
Marshal of the Empire, Signed, NEY.
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