fit J if If.

IIJlJlAl.t

•

i i i niiii

'^P .-^flP ^™ ,.^/IP :-^&.™-<^a-'

M

uuu;

■■

*2)

(0 *■

THE

MAP OF EUROPE BY TREATY.

H-soa^m

THE

MAP OF EUROPE BY TREATY

SHOWING THE VARIOUS

POLITICAL AND TERRITORIAL CHANGES

WHICH HAVE TAKEN PLACE

SINCE THE GENERAL PEACE OF 1814.

Hit! Jtacrmis llap anb $jto.

Vol. I.

" SEGNIUS 1K1UTAKT ANIMOS DEM1SSA FEB ATJKEM

QtTAM QVM SUNT OCTJIIS SUBJECTA FIDELIBUS." — Hut'.

BY EDWA1ID HEBTSLET, C.B.,

LIBBAE1AN AND KEEPEB OF THE PAl'EKo, EOBEIG-N OFFICE.

LONDON :

BUTTERWORTHS, 7, FLEET STREET, ILatt) i^ubltstjcrs to tljc ffiurcn'a float Excellent itlafcstu.

U ARRIS ON, 5 9, PALL MALL,

JJooIigdlrr to tlir <Qurrn ani 3£(.ll\.??. tin- prince of iLSUlca.

1875. \All Right* reserved.]

LONDON :

UABRISON AND SONS, PRINTERS IN ORDINARY TO HER MAJESTY

ST. martin's LANE.

jy

CONTENTS.

PAGE

Preface v

Table of Contents to Vols. I, II, and III . . xiii

Vol. I. Nos. 1—137 1814—1827 1—776

„ II. Nos. 138—356 1828—1863 777—1588

„ III. Nos. 357—451 1864—1875 1589—1976

Appendix 1977 — 2074

List of Treaties, &c, between1 Great Britain and Foreign Powers, for the Maintenance of the Peace of Europe and for the Settlement of European Questions.

1814—1875 2075—2100

Index , 2101

For LIST OF MAPS see next page.

a

LIST OF MAPS

TO [LLUSTRATE I'll K FOLLOWING TEEATIES.

V <'of Uoun		of treat; or	No. of	Facing
	othei Document	Treaty.	Page.
Alsace	A n, I Lorraine . .	26 Feb.. 1S71	438	jl962
		10 May, is: l	■1 Hi
Austria	And Italy. See Austria and Sardinia.
Bay of J elide. .	• •	20 July, 1 -		1 1632
		1 Dec., L853	236
Sessarabian . .	tier	30 Mar.. 18	2oM	I
..	- '	6 Jan., is" 7	277	U30O
	H	19 June. 1857		J
• •	"	HApril,1857	280	1311
	fj .i- i:l 1829
	altered in 1856-57	19 June. L857		1322
Cracow	■ • . . . .	9 June, '	27	218
D.Umatia	Mouths of the Cattaroj former Republic of Ragusa, &c. Austrian Possessions. (Also Turkish Districts
	of Kleek and Sutorina)	9 June, 1815	27	262
Denmark	an, Schleswig, and Lauenburg.
Danube	Delta	30 Mar., 1856	261	"
• .	. ,	0 Jan., 1S.">7	277	► 1300
. , . ,	"	11 April. L857	280
.* • .	"	19 June, 1857	282
Europe. .	In 1815	9 June, 1815	27	27i
. « . •	Tnis;.".	—	—	19 70
France	Boundary as in L792, con- firmedj with modifica-
	tions	30 May, 1814	1	28
• •	as in 1790, con- firmed, with modifica-
	tions	20 Nov., 1815	40	350
!> • •	And Belgium . .	30 May, L814	1	28
• •	, ,	20 Nov., 1813	40	350
J) • •	And Italy. See France and Sardinia.
. .	And Germany. .	30 May, 1814	1	28
1) • •	,,	20 Nov.. 1815	40	350
5> • •	••	23 Oct., 1829		840
•-	• •	26 Feb., 1871	438	J1962
>>	,,	10 May, 1871	iu;
• ■	And Prussia. See France and Germany.
• •	And Sardinia	30 May, 1814	l	28
		20 Nov.. 1815	40	350
. .	See also Nice.			1
37 ■ •	And Spain	12 Nov.. 1660	Appendix
»	,.	2 Dee., iv.il	275 -	► 1295
JS • •	!•	14 Apr.. 1 '-.;.	336
}> • •	» •	26 May, 1866	373
•'	• •	11 July, 1868	411
3)	And Switzerland . .	30 May, 1814	1	2s
3> • •	)•	20 Nov., 1S15	40	350
Greece , ,	And Turkey . .	21 Julv. 1832	161	908

LIST OF MAPS.

Nars, Country, i <fec.		Date of Treaty or	No. of	Facing
	other Document.	Treaty.	Page.
Holstein „	Duchy . .	30 Oct., 1864 14 Aug., 1865	367 370	J1632
Lauenburg-	Duchy . .	30 Oct., 186 1	367	J1632
j» ■ •	>*	14 Aug.. 1865	370
Iiimburg'	Duchy • .	19 Apr., 1839	183— 185	| 998
Lombardo-	Venetia	10 Nov., 1859	301—	]
js • •	>•	23 Aug., 1866	303 388	1-1758
* •	)»	3 Oct., 1866	392	J
Lucca	Modem, Parma, and Tuscany	28 Nov., 18 1 1	200	1
'j • •	?»	4 Oct., 1817	206	\-1060
)» • •	»	9 Dec, 1847	208	J
Luxemburg . .	Grand Duchy	19 Apr., 1839	183— 185	j 998
Monaco	Principality	7 Nov., 1817	76	jl464
?» • •	»»	2 Feb., 1861	328
Montenegro . .	And Turkey . .	8 Nov., 1858	228	|l354
j? • •	>]	26 Oct., 1866	400
Nice	And Sardinia	7 Nov., 1817	76	1
?) * •	And France	2 1 Mar., 1860	313	1 1464
,. . .	j?	2 Feb., 1861	328
jj * •	jj	7 Mar., 1861	329	J
Poland . .	Duchy of Warsaw	9 June, 1815	27	1
37 • *	»i	J Mar., 1835	175	y 218
3) ■ '	>>	13 Dec, 1836	180	J
Posen	Grand Duch\	9 June, 1815	27	218
Russia	And Turkey in Europe. See Bessarabia.
>) • ■	And Turkey in Asia . .	30 Mar., 1856 5 Dec, 1857	264 283	jl324
Savoy	And France . .	30 May, 1814	1	28
>> • •	M	20 Nov., 1815	40	350
>> • •	Chablais and Faueignv	24 Mar., 1860	313	J1430
>» • •	»j	7 Mar., 1861	329
Schleswig:	Duchy	30 Oct., 1864	367	-1632
>> * ■	j*	11 Aug., 1S65	370
Silesia	And Poland . .	9 June, 1815	27	-
j) • •	>>	11 Nov., 1817	77	> 218
?» • •	)•	4 Mar., 1835	175
>? • •	• )i	13 Dec, 1836	ISO	-
Tyrol . .	And^Vorarlberg	3 June, 1814	2	1
*> • •	>)	14 April, 1816	53	V 442
j) • •	t>	30 Jan., 1844	197	J
Vallee des
Dappes	France and Switzerland	8 Dec, 1862	339	1526
Venice	See Lombardy.
Wallachia	Flag . .	19 Aug., 1858	286	1345

a 2

ERRATA. VOL. I.

Page 37, line 4, for King read Prince Sovereign.

„ 42, line 1, for 3 Aug. read 13 Aug.

„ 129, for 1092 read 1029.

„ 140, Art. XII., for circus read circle.

,, 164, line 7, for Saxony read Savoy.

„ 222, line 15, for right line read straight line.

„ 242, for 1816 read 1815.

„ 244, last line but 4, for 1th June read 1 ltli June.

„ 267, last line but 4, for CII read IV.

„ 290, 1st line, for 18 June, 1815, No. 29, read 1814—1815, No. 30.

„ 342, last line but 15, for Treaty read Trinity.

„ 344, line 9, for accept read except.

„ 346, last line, for Netherlands read Prussia.

„ 350, for No. 8 read No. 7.

„ 423, last line but 2, for right line read straight line.

„ 441, last line but 4, Berchtolds-gaben read Berchtesgaben.

" \ for Hesse-Cassel read Prussia.

„ 635 J

705, for January read June.

)>

PREFAC E.

In* presenting to the Public a Work with so compre- hensive a Title as that of " The Map of Europe by Treaty, from 1814 to 1875," I feel that a brief explana- tion is required, both as to its precise object and the Plan upon which it has been compiled. Its object is to show the Changes which, by Treaty or other International Arrangements, have taken place in Europe within this period. The work is intended to bring together in a collected form the various Documents that have given Treaty sanction to these Territorial Changes, and which, in defining in this manner the Landmarks of Europe, constitute the Title Deeds of the European Family.

The Documents are arranged throughout the entire work in chronological order ; each Paper has a distinctive Number ; and where references are made in one Docu- ment to a previous one, the Number is referred to, and not the date ; but where subsequent Documents are referred to in the Notes, the Dates are given, and not the numbers, as it was found impossible to fix beforehand what the number of each Paper would be.

Each Treaty is preceded by a Table of Contents to the subjects contained therein ; and each Article has a descriptive heading ; whilst a sub-heading at the. top of each page is given to denote the subject of the Document, or the name by which the Treaty is generally known.

With the view of avoiding the insertion of unnecessary matter, the purport only is given of the clauses of Treaties where the details are of no European interest.

VOL. I. EMBRACES THE PERIOD FROM 1814 TO 1827 ;

and contains, among other Important Documents :

vi PREF.VI

The 1st Treaty of Peace of Paris of 30th May, 1814, which terminated the French Revolutionary War.

The Vienna Congress Treaty of 9th June, 1815, which settled the Territorial Arrangements of Europe ; regulated the Precedence of Diplomatic Agents ; threw open the Navigation of the Rhine and other important Rivers ; declared the Abolition of the Slave Trade, &c.

The 2nd, or Definitive, Treaty of Peace of Paris, of 20th November, 1815, which confirmed the Treaties of 30th May, 1814, and 9th June, 1815, but with modifications as to the Boundaries of France: provided for the tem- porary Occupation of France by the Allied Troops ; fixed the Amount of the Pecuniary Indemnity to be paid by France on account of the War, and declared the Alliance of Great Britain, Austria, Prussia, and Russia, for the preservation of the Peace of Europe.

The Admission of France to this Alliance in 1818.

The Declaration of the 8 Powers of the same date respect- ing the Neutrality of Switzerland.

The General Treaty of Frankfort of 20th July, 1819, which completed the Territorial Arrangements of 1815.

The Final Act signed at Vienna on the 15th May, 1820, for the Organization of the Germanic Confederation,

And the Treaties, &c, of 1825 — 1827 relating to the Sepa- ration of Greece from Turkey.

VOL. II. EMBRACES THE PERIOD FROM 1828 TO 1863 ;

and contains, among other important Documents :

The Treaties, &c, relating to the War between Russia and

Turkey in 1828. The Treaty of Peace between those Powers signed at

Adrianople on the 14th September, 1829. The Separation of Belgium from Holland, in 1831. The Incorporation of Poland with Russia, in 1832.

PREFACE. VU

The Erection of Greece into a Kingdom, under a- Bavarian

Prince, in 1832. The Pacification of Spain and Portugal, in 1834. The Treaties for the Separation of Belgium from Holland,

and the Arrangements respecting the Duchies of Ham- burg and Luxemburg, of 1839. The Pacification of the Levant, in 1810. The Convention respecting the Straits of the Dardanelles

and Bosphorus, of 1811. The Suppression of the Free State of Cracow, and its

Incorporation with Austria, in 1846. The Territorial Arrangements of Italy, in 1844 and 1847. The Integrity of the Danish Monarchy and the Succession

to the Danish Throne, 1850—1852. The War between Turkey and Russia, in 1853. The Crimean War, 1854 — 1856. The Treaty for the maintenance of the Integrity of Sweden

and Norway, in 1855. The Conferences of Paris, of 1856. The General Treaty of Peace with Russia, of 30th March,

1856. The Separate Treaties, of the same date, relating to the

Dardanelles and Bosphorus, the Black Sea, and the

Aland Islands. The Mediation Protocol and the Maritime Law Declaration

of April, 1856. The Arrangements respecting the Bessarabian Frontier, the

Isle of Serpents, and the Delta of the Danube, of 1857. The Redemption of the Sound Dues, in 1857. The Turco-Russian Frontier in Asia, in 1857. The Organization of the Principalities of .Moldavia and

Wallachia, in 1858. The Boundary of Montenegro in 1858. The War between Austria, France, and Sardinia, in 1859. The Treaties of Peace of Villafranca and Zurich, of 1859,

by which Lombardy was ceded to Sardinia.

viii PREFACE.

The Annexation of Savoy and Nice to France, in 1860.

The Pacification of Syria, in 1860.

The Annexation of Tuscany, Modena, Naples, Sicily,

Roinagna, Parma, &c, to Sardinia, in 1860. The Formation of the Kingdom of Italy, in 1861. The Cession of Mentorie and Koccabruna to France, in

1861. The Withdrawal of the British Protectorate over the

Ionian Islands, in 1863. The Termination of the Bavarian Order of Succession to

the Throne of Greece, and the recognition of the

Danish Order of Succession to the Throne of that

Kingdom, in 1863. The Redemption of the Scheldt Toll, and The proposed assembly of a European Congress for the

preservation of the Peace of Europe, in 1863.

VOL. III. EMBRxVCES THE PERIOD FROM 1864 TO THE

PRESENT DATE, 1875,

and contains the Treaties and other Documents relating to:

The Union of the Ionian Islands to Greece, in 1864.

The Amelioration of the condition of the Wounded, in

War, in 1864. The Conferences in London relative to the War between

Austria, Prussia, and Denmark, in 1864. The Convention of Vienna, of 1864, and of Gastein, of

1865, relative to the Duchies of Schleswig and

Holstein. The Union of the Principalities of Moldavia and Wallachia,

in 1864 and 1866. Tin War between Austria and Prussia, in 1866. 'I'ln Treaty of Peace of Prague, of 23rd August, 18(56. and

of Vienna, of 3rd October, 1866, by which the Lom-

bardo-Vcnetian Kingdom was ceded to Italy.

PREFACE. IX

The Annexation of Hanover, Hesse-Cassel, Nassau, Frank- fort, Holstein, Schleswig, Waldeclr, &c., to Prussia, in 1866.

The Dissolution of the Germanic; Confederation, in I860,

the formation of the North German Confederation, in

1867, and of the German Empire, in 1871. The Luxemburg Treaty of 11th May, 1867. The Declaration with regard to the non-use of Explosive

Projectiles during War, of 1868. The War between France and Germany, in 1870-71,

and the Treaties of Peace, by which Alsace and

Lorraine were reunited to Germany. The Abrogation in 1871 of the Black Sea Clauses of the

Treaty of Paris, of 1856. The Final Protocol of the Brussels Conference, of 1874;

and The Proposals for reopening the Conferences, in 1875,

which were declined by the British Government.

That these Engagements have been contracted, in many instances, with the avowed object of maintaining the Balance of Power in Europe, may be readily tested by referring to the Index under that heading.

Many of them have been preceded or followed by European Conferences, and full descriptions are given of what passed at the deliberations of the most important of them under their respective dates, with a reference to the volumes of the " State Papers " in which the Protocols themselves will be found.

Declarations of War are also inserted, as well as Treaties for the European Guarantee of the Indepen- dence and Neutrality of certain States, also Decrees annexing Territories, and Protests of the Possessors against such Annexations. As the Vienna Congress Treaty of 1815 is not unfrequently referred to in such Protests, a reference is given in the Index, under the

X PREFACE.

beading of "Vienna Congress Treaty," to every insta in which a reference has been made to that Treaty in sub- sequent European Documents.

In order to add to the usefulness of the "Work, and to make the Boundary Treaties really intelligible, Maps have been prepared and inserted, showing the Boundaries between the Principal States of Europe. In cases in which such Maps have been laid before Parliament with the Treaties, they have been reduced in size, to avoid the inconvenience of unfolding, and have been inserted in the volumes after the Treaties. General Maps of the same description have also been added, showing the status of Europe in 1815 and in 1875.

The entire Work is published in English. In cases in which the Treaties and other Documents have been laid before Parliament with English Translations, those Translations have been generally adopted, but in cases in which they have not been communicated to Parliament, Translations from the original language have been care- fully made, and in all cases in which the Document has been inserted in the " State Papers," in the French lan- guage, a foot note is attached, giving a reference to the volume in which a copy of it is to be found.

The Treaty of Ghent of 1814 is inserted in order to show the terms upon which Peace was concluded with the United States of America after the French Revolutionary War ; but it has not been thought necessary to insert the Treaties alluded to therein, or those which have been con- tracted with that country since that date, and consequent thereon.

In the Appendix wall be found Copies of or Extracts from Treaties which were concluded prior to 1814, but which are alluded to in the body of the Work as being still in force, as well as a reference to the volmnes of " State Papers," in which will be found extracts from and refer- ences to other Documents, which it was not thought neces-

PREFACE. XI

sary to insert in the body of the Work in their order of date.

The Index, which forms an important feature in the Work, and is prepared upon an entirely new Plan, gives full reference to evert Name as well as to every Subject mentioned in the several Treaties or other International Documents contained in the entire Work.

In conclusion, I can only repeat that the object aimed at in this Work has been to enable the Statesman and the Student, but especially the English Statesman and the English Student, to ascertain accurately the Changes that have taken place by Treaty hi Europe smce 1814, and how these Changes have been brought about. With this view the necessary Documents are given in Three Volumes in a complete and connected form. Hitherto, in order to obtain this information, it has been necessary to consult collections of Treaties in many instances published abroad and not easily accessible in England ; or to refer to Blue Books laid before Parliament, to the " State Papers," or to accounts of these events contained in Treatises on Inter- national Law or International Questions, and other Works.

I am well aware that a Work such as this must, in some measure, be incomplete. Some Documents of little prac- tical value have been omitted ; but every important State Paper relating to the transactions referred to, will be found recorded in these pages.

No pains have been spared to secure accuracy, and the willing labour of my leisure hours during many years has been given to make " The Map of Europe by Treaty " a complete and satisfactory Work.

For the selection of the Papers, the correctness of the Translations, and the accuracy of the Maps and Notes, I am solely responsible.

EDWARD HERTSLET.

Foreign Office,

August, 1875.

TABLE OF CONTENTS.

VOL. I.

No.	1814.
ul-	, . 30th Mav.
-**	. . 30th Mar.
2 ..
-	. 14th Julv.
4. ..	. . 21st July.
5 ■■
>	.. 13th Aug.
*	25th Aug.
	. . 24th Dec.

PAGB

Definitive Treat v of Peace between Great Britain. Austria,

Portugal. Prussia. S Sweden, and France. (Paris.) 1

Additional, Separate, and Secret Articles. (Paris.) .... 18

Treaty of Peace between France and Portugal. (Paris.) Territorial Convention between Austria and Bavaria.

The Tyrol, &c (Paris.) 20

Treaty. Family Compact. Orange-Nassau. (The Hague.) Treaty of Peace between France and Spain. (Paris.) . . 35

Act of Aeeeptauee of Sovereignty of Belgic Provinces by

Prince Sovereign of the Netherlands. (Hague.) .... 37

Convention between Great Britain and Netherlands.

Dutch Colonies. (London.) 42

Convention between Great Britain and Sweden. Guade- loupe, hjc (London.)

Treaty of Claims between Denmark and Prussia. (Berlin.) Treaty of Peace between Great Britain and the United

S ites. Boundary of British P< — -nous in North

America, ftc, (Ghent.) 48

1815. * .... 22:id Jan. Treaty between Great Britain aud Portugal. Renewal of

Treat ies

7. . . . . 8th Feb. Declaration of t • e 8 Powers. Slave Trade. (Vienna.) 60 S. .... 19th Mar. Regulations of the 8 Powers. Diplomatic Precedence.

(Vienna.) J

9. .... 20th Mar. Declaration of the 8 Powers. Swiss Confederation.

(Vicuna.) Si

< . . . . 25th Mar. Treaty of Alliance between Great Britain, Austria,

Prussia, and Russia. (Vienna.)

10. • • • • 29th Mar. Protocol of Conference between the 8 Powers. 8

dinian Cessions to Canton of Geneva. (Vienna.) .... 70

* . . . . 30th Mar. Convention between Prussia and Russia, relative to

Warsaw. (Vienna.)

11 March. Regulations of the S Powers. Free Navigation of Rivers.

(Vienna.) 75

* .... 24th April. Austrian Proclamation. Union of Lombardo- Venetian

Kingdom to Austria. (Vienna.)

• See Appendix.

XIV CONTEXTS. VOL; I.

No. 1815. tacb

12 3rd May. Treaty between Austria and Russia. Poland. (Vienna. ) 94

13 3rd May. Treaty between Prussia and Russia. Poland. (Vienna.) 105

14 3rd May. Additional Treaty between Austria, Prussia, and Russia.

Cracow. (Vienna.) 120

15 3rd May. Constitution of Cracow. (Vienna.) 12/

16 18tb May. Territorial Treaty between Austria, Prussia, Russia, and

Saxony. (Vienna.) 134

Accession of Great Britain to ditto (IStli September) . . . 145 17 18th May. Declaration between Prussia and Saxony. House of

Sehonburg. (Vienna.) 1 17

Acceptance of ditto by the 5 Powers (29th May) 148

18. .... 19th May. Treaty between Great Britain, Netherlands, &c. Russian

Dutch Loan. (London.) 149

19 20th May. Territorial Treaty between Austria, Prussia, Russia, and

Sardinia. Union of Genoa to Sardinia. Sardinian

Cessions to Geneva. (Vienna.) 155

20 27th May. Act of Acceptance by Switzerland of the Declaration of

the 8 Powers of 20th March, 1815. (Zurich.) 170

* .... 28th May. Territorial Convention between Austria, Bavaria, and

Prussia. (Kreuznach.)

21 29th May. Territorial Convention between Hanover and Prussia.

(Vienna.) 173

22 31st May. Treaty of Union between Belgium and Holland.

(Vienna.) 179

23. • • • • 31st May. Territorial Convention between Nassau and Prussia.

(Vienna.) 183

* . . . . 31st May. Separate and Secret Article between Nassau and Prussia.

Territorial. (Vienna.)

24 1st June. Territorial Convention between Prussia and Saxe-Weimar.

(Vienna.) 192

25 4th June. Territorial Treaty between Denmark and Prussia,

Pomerania, Lauenburg, &c. (Vienna.) 195

* .... 7th June. Territorial Treaty between Prussia and Sweden.

(Vienna.)

26 8th June. Federative Constitution of Germany. (Vienna.) 200

27 9th June. Pinal Act of Congress of Vienna. (Vienna.) 208

28 10th June. Territorial Convention between Austria, Prussia, &c.

Westphalia, &c. (Vienna.) 278

.... 12th June. Territorial Convention between Austria and Prussia.

(Vienna.)

29 18th June. Protocol. Protests of the Pope ngainst certain clauses

in Treaties of 1814 and 1815. (Vienna.) 283

30 Sept., 1814 1 Protocols of Conferences between 8 Powers. Congress

—June, ] S15. J of Vienna 286

31 26th July. Protocol between Great Britain, Austria, &c. Slave

Trade. (Paris.) 294

* See Appendix.

CONTEiNT.^. VOL. I. XV

No. 1815. ^c;1

32 12th Aug. Convention between Great Britain and Netherlands.

Deinerara, &c. (London.) 296

33 19th Sep! . Territorial Treaty between France and Sardinia. Lower

Savoy. (Paris.) 303

34 22nd Sept. Territorial Convention between Prussia and Saxe-Weimar.

(Paris.) 305

35. •••• 23rd Sep?. Territorial Treaty bet ween Hanover and Prussia. Laucn-

burg, &c. (Paris.) 313

/ 38 26th Sept. Holy Alliance between Austria, Prussia, and Eussia.

(Paris.) ..'. 317

! dilation to Prince Regent of Great Britain to accede

thereto ; and Reply 319

37 16th Oct. Territorial Treaty between Prussia and Hesse-Cassel.

(Cassel.) 32 1

* .... 16th Oct. Territorial Treaty between Prussia and Hesse-Rothen-

burg. (Cassel.)

i 33 3rd Nov. Protocol between the 4 Powers. Territorial Arrange- ments. Defence of the Netherlands, Switzerland. Germany, &c 32G

39. •••• 5th Nov. Treaty between Great Britain, Austria, &c. (5 Powers).

Ionian Islands. (Paris.) 337

40. • • • • 20th Nov. Definitive Treaty of Peace between the xVllies and France.

(Paris.) . . 342

Additional Article. Slave Trade » . 350

41. .... 20fchJNov. Convention between Great Britain and France. Pecu-

niary Indemnity to Allies. (Paris.) 351

43. • • • • 20th Nov. Convention between Great Britain, &c, and France.

Military Occupation of France. (Paris.) 356

43. •••• 20th Nov. Act. Great Britain, Austria, &c. Neutrality of Switzer-

land and Parts of Savoy. (Paris.) 370

44. • • • • 20th Nov. Treaty of Alliance between Great Britain, Austria,

Prussia, and Russia. Peace of Europe. (Paris.) .... 372

45. • • • • 20th Nov. Convention between Great Britain, &c, and France.

Private Claims of Subjects of Allied Powers. (Paris.) 376 Additional Article. Claims of Counts of Bentheim and

Steinfurth 396

Separate Article. France and Russia. Duchy of Warsaw. 397 48 20th Nov. Convention between Great Britain and France. Claims of

British Subjects. (Paris.) 398

Additional Article. Bordeaux Claims 410

47. • • • ■ 20th Nov. Note from Allied Ministers to France. Peace of Europe.

(Paris.) 411

48. • • • • 21st Nov. Protocol between the 5 Powers. Fortifications of Nether-

lands, Germany, and Savoy 412

49 - tth July \ Protocols between Austria, France, &c. Territorial Ar-

— 21st Nov. J rangements of Europe 414

* See Appendix.

XVI CONTENTS. VOL. I.

No. 1816. -AGE

50. ■ • • • 5th Feb. Protocol between Prussia and Hesse-Cassel. Territorial.

(Fulda.) 417

51 4th Mar. Territorial Convention between Prussia, Hessc-Cassel, and

Hesse-Rothenburg-(Cassel) 419

52 16th Mar. Treaty between Sardinia, Switzerland and Geneva. Neu- trality of Savoy, &c. (Turin.) 421 •

53 14th April. Territorial Treaty between Austria and Bavaria.

(Munich.)

54. • • • • loth June. Territorial Treaty between Prussia and Schwartzburg-

Sondershauseii. (Berlin.) 444

55 19th June. Territorial Treaty between Prussia and Schwartzburg-

Eudolstadt. (Berlin.) 418 ^

56. • • • • 26th June. Boundary Treaty between the Netherlands and Prussia.

(Aix-la-Chapelle.) "1

57 29th June. Territorial Convention between Hesse-Cassel and Hesse- Darmstadt. (Frankfort.)

58 30th June. Territorial Treaty between Austria, Prussia, Russia, and

Hesse-Darmstadt. Westphalia, &c. (Frankfort.) .. 157'

59 30th June. Territorial Treaty between Great Britain and Hesse- Darmstadt, Westphalia, &c. (Frankfort.) 72

60 1st July. Territorial Convention between Austria and Prussia,

Department of the Saar. (Worms.) i74

61 18th Sept. Territorial Treaty between Mceklenburg-Strelitz and

Prussia. Department of the Saar. (Frankfort.) .... 478

62 7th Oct. Territorial Treaty between the Netherlands and Prussia.

(Cleves.) 481

63 27th Oct, Convention between France and Hamburgh. Bank of

Hamburgh. (Paris.) 183

64 8th Nov. Territorial Treaty between the Netherlands and Prussia.

(Frankfort.) 86

65 lGth Nov. Territorial Treaty between Great Britain and the Nether- lands. Luxemburg, &e. (Frankfort.) 497

1817.

66 4th Feb. Territorial Convention between Hanover and Oldenburg.

(Bremen.) 502

67 12th Mar. Territorial Treaty between Austria, Prussia, Russia, and

the Netherlands. Luxemburg, &c. (Frankfort.) .... 504 "* 68 12th Mar. Territorial Convention between Hesse-Darmstadt and

Prussia, Wittgenstein, &c. (Munich.) 509

69 17th April. Territorial Treaty between the Netherlands and Russia.

Luxemburg, &c. (Frankfort.) 511

70 17th May. Convention between British and Turkish Commissioners.

Parga. (Joannina.) 516

71 7th June. Accession of Spain to the Vienna Congress Treaty of 0th

June, 1815. Parma, Placeutia, G uastalla, &c. (Pa: is.) 518

CONTENTS. VOL. I. XV11

No. 1817. pa&e

72. ■ • • • 8th June. Accession of Spain to Treaties of Paris of 20th November,

1815. Parma, Placentia, Gruastalla, &c. (Paris.) .... 521 73 10th June. Territorial Treaty between the 5 Powers and Spain.

Parma, Placentia, Guastalla, and Lucca. (Paris.) .... 524 74 6th July. Territorial Agreement between Hesse - Darmstadt and

Prussia. Wittgenstein. (Giessen.) ."2'.i

75. • • • • 28th Aug. Convention between France and Portugal. French

Guiana. (Paris.) 530

76 7th Nov. Treaty between Sardinia and Monaco. Protection.

(Turin.) 531

77 llth Nov. Boundary Treaty between Prussia and Russia. (Berlin.) 530

1818.

78 18th April. Russian Patent on Cession of Lordship of Jever to Hol-

stein-Oldenburg. (Warsaw.) 540

7g 25th April. Convention between 4 Powers and France. Private Claims

on France. (Paris.) 541

/-. . 25th April. Convention between Great Britain and France. Claims

of British Subjects. (Paris.) 550

"] . . 25th April. Separate Article. Bordeaux Claims. (Paris.) 553

4th July. Additional Articles. Bordeaux Claims. (Paris.) 553

8J 30th Sept. Boundary Convention between Austria and Bavaria.

(Salzburg.) 556

82 9th Oct. Convention between 4 Powers and France. Evacuation

of France. Pecuniary Indemnity. (Aix-la-Chapelle.) 557 83 3rd Nov. Protocol. 4 Powers and France. French Pecuniary In- demnity. (Aix-la-Chapelle.) 561

84 .... 4th Nov. Note. 4 Powers to France. •Termination of Military

Occupation of France. Invitation to France to join in

Conferences of Allies. (Aix-la-Chapelle.) 564

Note. France to Allies. Acceptance of Invitation to join Conferences. Union of the 5 Powers. (Aix-la-

Chapelle.) 567

Protocol. 5 Powers. Toll of Elsfleth. (Aix-la-Chapelle.) 569 Protocol. 5 Powers. Union of Austria, France, Great Britain, Prussia, and Russia. Maintenance of the Peace

of Europe. (Aix-la-Chapelle.) 571

Declaration of the 5 Powers. Maintenance of the Peace

of Europe. (Aix-la-Chapelle.) 573

Protocol. 5 Powers. Diplomatic Precedence of Minis- ters Resident. (Aix-la-Chapelle.) 575

1819.

qq 2nd Feb. Definitive Arrangement. 5 Powers. French Pecuniary

Indemnity. (Paris.) 576

b

	12th Nov.
86. ••	. . 14th Nov.
87. ••	. . 15th Nov.
88. ••	. . 15th Nov.
	. . 21st Nov.

XV1I1

CONTEXTS. VOL. I.

No.	1819.
91.	.. 24th April
32.	. . 21st May.
93.	. . 10th July.
94.	. . 10th July.
95.	. 20th July,
96.	. 28th Aug.
97.	. 27th Oct.
98.	. 27th Oct.
	1820.
99.	. 28th Mar.
100.	. 10th May.
101. -	. 10th May.
102.	. 10th May.
103.	. 1 0th May.
104.	. 15th May.
105.	8th Dec.
106.	. 24th Dec.
£	. . Oct.— Dec.

PAG B

Acl of Ratification bj the Sultan of the Cession of : Ionian islands to Great Britain, and of Parga to Tur- key. (< lonstantinople.) 579

Territorial Treaty between Prussia and Mecklenburg-

Strelitz. (Berlin.) 582

Territorial Convention between Austria and Baden.

(Frankfort.) 584

Treaty between Great Britain, &c. (4 Power.--), and

Baden. Grand Duchy of Baden. (Frankfort,) 58G

General Treaty (Reces General) between Great Britain,

Austria, &c. 4 Powers. (Frankfort..) 589

Boundary Convention between Prussia and Saxony.

(Dresden.) 616

Protocol. Austria and Baden. Wertheim. (Aschaffen-

burg.) 622

Protocol. Austria and Bavaria. Wertheim. (Aschaf-

fenburg.) 622

Boundary Treaty. France and Netherlands. (Courtray.) 621'

Territorial Convention. Hesse-Cassel and Hesse-B.o then- burg. Ratibor and Rauden. (Cassel.) 62S

Convention between Hesse-Cassel and Hesse-Rothenburg.

Ratibor and Rauden. (Cassel.) 63(>

Convention between Hesse-Cassel and Hesse-Rothenburg.

Ratibor and Rauden. (Cassel.) 632

Convention between Hesse-Cassel and Hesse-Rothenburg.

' Corvey. (Cassel.) 634

Final Act between Austria, Prussia, &c. Germanic Fede- ration. (Vienna.) 636

Circular of Austria, Prussia, and Russia. Conferences of

Troppau. Spain, Naples, &c. (Troppau.) 658

Convention between Baden and Switzerland. Nellen-

burg. (Carlsruhe.) 662

Protocols of Conferences between Great Britain, Austria, France, Prussia, and Russia, Affairs of Naples. (Troppau.)

1821.

107. •• 19th Jan. British Circular. Conferences of Laybach. Naples, &c.

(London.) 661

.. Jan., Feb. Protocols of Conferences between Great Britain, Austria,

France, Prussia, and Russia. Affairs of Naples.

(Laybach.)

10S. •• 12th May. Declaration of Austria, Prussia, and Russia. Conferences

of Laybach. Naples, &c. (Laybach.) 667

* See Appendix.

CONTENTS. VOL. I. XIX

No. 1821. PAGE

109. •• 25th May. Boundary Convention between Austria and Parma.

(Placentia.) 670

110. . • • 23rd June. Convention between Austria, Prussia, &c. Elbe Naviga-

tion. (Dresden.) 671

1822.

111. . . 23rd June. Convention between Prussia, Saxony, &c. Elbe Naviga-

tion. (Dresden.) 688

112. • . 26th Nov. Treaty between Parma and Sardinia. Boundary of Genoa.

(Turin.) 693

113. . . 28th Nov. Resolutions of 5 Powers. Slave Trade. (Verona.) 695

114. 115.

116.

117.

118.

119.

1823. 23rd April. Declaration of War by Spain against France. (Seville.) 697 6th June. British Proclamation of Neutrality in Foreign Wars.

Enlistments, &c 698

6th Aug. Patent of Duke of Oldenburg, on taking Possession of

Jever. (Oldenburg.) „ 705

9th Sept. Separate Convention between Hanover and Bremen.

Navigation of the Weser. (Minden.) 706

10th Sept. Convention between Prussia, Hanover, &c. Navigation

of the Weser. (Minden.) 707

10th Sept. Separate Convention between Hanover and Bremen.

Navigation of the Weser. (Minden.) 710

1824.

120. • • 24th June. Agreement between Brunswick and Hanover. Regula- tion of Frontiers. (Brunswick.) 711

121- . . 2nd July. Boundary Treaty between Hanover and Netherlands.

(Meppen.) 716

122, • • 4th Nov. Proces Verbal between France, Switzerland, and Neuf-

chatel. Frontier between France and Neufchatel. (Neufchatel.) 718

1825. 123- •• 8th June. Convi .^ou between Oldenburg and Count Bentinck.

Seignory of Kniphausen. (Berlin.) 722

124. • • 5th July. Boundary Convention between Bavaria and France.

(Paris.) 727

125. •• 30th Sept. British Proclamation of Neutrality in Contest between

Turkey and Greece. (Windsor.) 731

128. • • 9th Dec. Boundary Convention between Bavaria and France.

(Weissenburg.) 736

127. • • 21st Dec. Supplementary Convention between Prussia, Hanover, &c.

Navigation of the Weser. (Bremen.) 728

b 2

XX CONTEXTS. VOL. I.

No. 1826. PAaB

128. •• 9th Mar. Engagement of Germanic Confederation. Guarantee of

Treaty of 8th June, 1825. (Kniphauscn.) 739

129. • • 4th April. Protocol. Great Britain and Eussia. Mediation of Great

Britain between Turkey and Greece. (St. Petersburgh.) 7-11

130. . . 14th May. Boundary Convention between Russia and Sweden.

Lapland. (St. Petersburgh.) 741

131. • • 7th Oct. Boundary Convention and Separate Act between Eussia

and Turkey. (Ackermann.) 717

132. . . 14th Dec. British Circular and Message of King of Great Britain to

Parliament relative to Hostilities between Spain and Portugal 760

133. • • 26th Dec. Boundary Treaty between Austria and Russia. (Brody.) 762

1827.

134. • • 30th Jan. Boundary Convention between Baden and France. Islands

of the Ehine. (Strasburg.) 764

135. . • Hth June. Declaration between Prance and Prussia. District of

Leyen. (Paris.) 767

136. • • 6th July. Treaty between Great Britain, France, and Eussia. Paci-

fication of Greece. (London.) 760

137. • • 22nd Dec. Boundary Treaty between Hanover and Prussia. (Iburg.) 775 * .. Aug. -Dec. Protocols of Conferences between Great Britain, France,

and Russia. Pacification of Greece. (Constantinople.)

VOL. II. 1828.

138. ..26th April. Russian Declaration of War against Turkey. (St. Peters-

burgh.) 777

139. . . 26th April. Russian Manifesto of War against Turkey. (St. Peters-

burgh.) 785

140. • . June. Turkish Declaration of War against Russia 7S7

141. . . 12th Dec. Protocol. Great Britain, France, and Russia.

Boundaries of Greece, &c. (Poros.) 70S

1829.

142. • • 22nd Mar. Protocol. Great Britain, France, and Russia. Boundaries

of Greece. (London.) 804

143. • . 10th July. Boundary Treaty between Austria and Russia. (Radzi-

wilow.) 810

144. . • 9th Sept. Turkish Declaration of Accession to Treaty of 6th Jidy,

1827, for Pacification of Greece. (Constantinople.) . . 812

145. • • 14th Sept. Treaty of Peace between Russia and Turkey. (Adrianople.) 813 146- . . 1st Oct. Turkish Hatti-Skeriff relative to Servia. (Constanti- nople.) 832

#

See Appendix.

No. 147.

148.

149.

150.

*

151. 152. 153. 154. 155. 156.

157. 158. 159, 160. 161.

162.

163. 154.

CONTEXTS. VOL. II. xxi

1829. PAGE

1st Oct. Eussian Manifesto. Peace with Turkey. (St. Peters-

burgb,.) « 835

23rd Oct. Boundary Convention between France and Prussia.

(Sarrebruck.) 837

1830.

3rd Feb. Protocol. Great Britain, France, and Russia. Inde- pendence of Greece- (London.) 841

October Turkish Firman. Affairs of Servia. (Constantinople.) 842 1827 — 1830. Protocols between Great Britain, France, and Russia. Pacification of Greece. (London.)

1831.

31st Mar. Convention and Regulations between Baden, France,

&c. Navigation of the Rhine. (Mayence.) 84S

17th April Protocol. Great Britain, Austria, &c. Dutch

Fortresses. (London.) 85G

15th Nov. Treaty between Great Britain, &c, and Belgium.

Separation of Belgium from Holland. (London.) S58 16th Nov. Convention between Great Britain and Russia.

Russian-Dutch Loan. (London.) 872

23rd Nov. British Protest against Russian Proceedings in

Poland. (London.) 875

14th Dec. Convention between Great Britain, &c, and Belgium.

Belgic Fortresses. (London.) 881

1832.

3rd Jan. Russian Answer to British Protest against Russian

Proceedings in Poland. (St. Petersburgh.) 885

2Gth Feb. Russian Manifesto relative to Poland. (St. Peters- burgh.) 891

7th May Convention between Great Britain, &c, and Bavaria.

Sovereignty of Greece. (London.) 893

3rd July British Protest against Russian Manifesto relative to

Poland. (London.) 900

21st Jidy Arrangement between Great Britain, France, Russia, and Turkey. Greek Boundary. (Constanti- nople.) 903

22nd Oct. Convention between Great Britain and France,

relative to Netherlands and Belgium. (London.) 909 1st Nov. Family Compact. Bavaria and Greece. (Munich.) 913

10th Nov. Convention between Belgium and France. Entrance

of French Army into Belgium. (Brussels.) 915

* See Appendix.

No.	1833.
165. ••	21st Feb.
166, ..	. . 30th April

	26th Aug.
169. •	Dec.
*	. . . 1830 to 1833

XSli CONTENTS. VOL. II.

PAGE

Act of Greek Government. Boundary. (Nauplia.) 917 Explanatory and Supplementary Article between Great Britain, Bavaria, France, and Russia.

Sovereignty of Greece. (London.) 919

157 21st May Convention between Great Britain, France, and

Netherlands. Friendly Relations. (London.) . . 921 Explanatory Article. Luxemburg and Limburg, &c. 923 168. • • • • 8th July Treaty of Defensive Alliance between Russia and

Turkey. (Unkiar Skelessi.) 925

Separate Article. Closing of the Dardanelles .... 927

British Protest against ditto '}-*

Turkish Firman relative to Servia 929

Protocols and Con*espondence. (5 Powers.) Affairs of Belgium

1834.

170 29th Jan. Treaty between Russia and Turkey. Moldavia and

Wallachia. Asiatic Boundary. (St. Petersburgh.) 936

171 22nd April Treaty between Great Britain, France, Spain, and

Portugal. Pacification of the Peninsula. (London.) 941

172 31st May Territorial Treaty between Prussia and Saxe-Coburg.

Cession of Lichtenberg to Prussia. (Berlin.) .... 945

173 18th Aug. Additional Articles between Great Britain, France,

&c. Pacification of Spain and Portugal. (London.) 949

174 1834 Turkish Hatti-Sheriff relative to Moldavia and Wal- lachia , 951

1835.

175 4th March Treaty between Prussia and Russia. Polish Bound- aries. (Berlin.) 953

176 27th April Convention between Commanders-in-Chief of Bellige- rent Armies in Spain. (Logrono.) | >,",(;

177. ••■• 31st Dec. Declaration between Prussia and Russia. Boundaries.

(Berlin.) 959

1836. 178 27th Mar. Convention between Russia and Turkey. Turkish

Indemnity, &c. (Constantinople.) 961

179 3rd Sept. Circular of Saxony. House of Schonburg.

(London.) e 963

180 13th Dec. Boundary Act between Prussia and Russia. (Tarno-

witz) 964

* See Appendix.

CONTENTS. VOL. II. xxill

No. 1837. page

181 25th Nov. Boundary Treaty between Hanover and Prussia.

(Biickeburg.) 966

1838. 182 24th Dec. Turkish Firman relative to Servia

1839.

183 19th April Treaty between Great Britain, &e., and Netherlands.

Separation of Holland and Belgium. Luxemburg

and Limburg. (London.) .' : '7'.'

„ Annex. Belgian Limits. Independence and Neu- trality of Belgium 982

184 19th April Treaty between Belgium and Netherlands. Separa- tion. (London.) .!i 1

185 19th April Treaty between Great Britain, &c, and Belgium.

Separation of Holland and Belgium. Luxemburg and Limburg. Independence and Neutrality of Belgium. Guarantee of 5 Powers. (London.) . .

186 19th April Act of Accession of Germanic Confederation to

Arrangements relative to Luxemburg. (London.)

187. • • • • 27th June Convention between Netherlands and Nassau.

Luxembui'g. (Wiesbaden.) 1001

188 3rd Nov. Turkish Hatli-Shei'iff. Administration of Ottoman

Empire. (Gidhaue.) 10< '2

1840.

189 5th April Boundary Convention between Baclen and France.

Islands of the Khine. (Carlsruhe.) 1006

190. • • • • 15th July Convention between Great Britain, &c. (4 Powers) and

Turkey. Pacification of the Levant. (London.) . . 100S

,, Separate Act, ditto. Pacha of Egypt, &c 1012

,, Protocols. 4 Powers. Dardanelles and Bosphorus.

Egypt. (London.) 1021

191 25th July Convention between Austria and Bussia. Nav

tion of the Danube. (St. Pettrshurgh.) 1016

192 17th Sept. Protocol. 4 Powers and Turkey. Pacification of the

Levant. Non-increase of Territory. (London.) . . 1023

1841.

12th Feb. Firman of the Sultan of Turkey. Hereditary Succes- sion, &c, in Egypt

* See Appendix.

XXIV CONTEXTS. VOL. II.

No 1841. page

.... May Firman of the Sultan of Turkey. Tribute to be paid

by Egypt

.... 1st June Firman of the Sultan of Turkey. Hereditary Succes- sion in Egypt, &c

193. • • • • 13th July Convention between Great Britain, &c. (5 Powers)

and Turkey. Dardanelles and Bosphorus. (London.) , 102 1

1842.

194 1st July. Convention between Baden, Hesse-Darmstadt, and

"Wurteinbcrg. Navigation of the Neckar. (Carls- ruhc.) 1027

195 5th Nov. Boundary Treaty between Belgium and Netherlands.

(Hague.) 1020

1843. 196 8th Aug. Boundary Convention between Belgium and Nether- lands. (Maestricht.) 1031

1844. 197 30th Jan. Boundary Treaty between Austria and Bavaria. Tyrol

and Vorarlberg. (Munich.) 1034

198 13th April Convention between Austria, Prussia, &c. Stade Toll.

(Dresden.) 1036

199 22nd July Treaty between Great Britain and Hanover. Stade

Toll. (London.) 1041

200 28th Nov. Boundary Treaty between Lucca, Modena, Tuscany,

Austria, and Sardinia. (Florence.) 1045

„ Separate and Secret Articles. (Ditto.) 1059

1846. 201 6th Nov. Convention between Austria, Prussia, and Russia.

Annexation of Cracow to Austria. (Cracow.) .... 1061 202 11th Nov. Austrian Declaration. Annexation of Cracow.

(Vienna.) 1065

203 23rd Nov. British Protest against Annexation of Cracow to

Austria. (London.) 1068

.... 23rd Nov. Views of British Government. Inviolability of

Treaties. (London.)

204 3rd Dec. French Protest against Annexation of Cracow to

Austria. (Paris.) 1073

* See Appendix.

No. 1847.

CONTENTS. VOL. II. XXV

PAGE

205 21st May Protocol. Great Britain, France, Portugal, and

Spain. Pacification of Portugal. (London.) .... 1077

206 4th Oct. Boundary Treaty between Lucca and Tuscany.

(Florence.) 1080

207 19th Nov. Prussian Declaration. Neutrality of Neufchatel and

Valengin. (Berlin.) 1083

208 9th Dec. Boundary Treaty between Lucca and Tuscany.

(Florence.) 1084

1848.

209 5th Mar. Boundary Treaty between Austria and Saxony.

(Dresden.) 1087

.... 10th Oct. Views of British Government. Proposed European

Congress. (London.)

210 18th Sept. Sardinian Decree. Annexation of Mentone and

Eoccabruna. (Turin.) 1089

1849.

211 1st May Act between Kussia and Turkey, relative to Moldavia

and Wallachia. (Balta Liman.) 1090

212 3rd July Treaty between Aiistria, Modena, and Parma. Navi- gation of the Po. (Milan.) 1095

213 3rd July Convention between Austria and Parma. Islands of

the Po. (Milan.) 1104

214 10th July Preliminaries of Peace between Denmark and Prussia.

(Berlin.) 1106

215. • • • • 6th Aug. Treaty of Peace between Austria and Sardinia.

(Milan.) 1109

216. • • • • 8th Aug. Treaty between Austria and Modena. Limits, &c, of

the Po. (Milan.) 1112

217 7th Dec. Treaty for the Cession of Hohenzollern to Prussia.

(Berlin.) 1115

1850.

218 12th Feb. Act of Accession of the Pope to Treaty of 3rd July,

1849. Navigation of the Po. (Portici.) 1123

219 12th Mar. Prussian Decree for the Incorporation of Hohenzol- lern with Prussia. (Chai-lottenburg.) 1124

220 17th May Treaty between Prussia and Lippe. Cession of Lipp-

stadt to Prussia. (Berlin.) 1125

221. • • • • 2nd July Treaty of Peace between Prussia, &c, and Denmark.

Holstein. (Berlin.) 1129

,, Secret Articles. Succession in Denmark 1131

4th July Explanatory Note 1132

* See Appendix.

xxvi CONTENTS. VOL. II.

No. 1850. p-' 222 4th July Protocol. Great Britain, &c., and Denmark. Inte- grity of Danish Monarchy. (London.) 1133

223. 2nd Aug. Protocol. Ditto. Ditto 1186

224 2nd Aug. Protocol. Ditto. Ditto 1 137

225 30th Aug. Convention between Russia and Netherlands. Old

Russian Debt. (Hague.) 113!)

226 13th Nov. Protocol. Austria and Russia. Navigation of the

Danube. (Vienna.) 1142

227. • • • • 29th Nov. Agreement between Austria and Prussia. Holstein and

Hesse-Cassel. (Olmiitz.) 1143

228 16th Dec. Supplementary Boundary Treaty between Austria and

Bavaria. Tyrol and Vorarlberg. (Munich.) .... 1116

1851. 229 5th June Protocol between Denmark and Prussia. Danish Suc- cession. (Warsaw.) 114S

1852. 230 Sth May Treaty between Great Britain, &c, and Denmark. Danish

Succession. (London.) 1151

231. • • • • 20th Nov. Treaty between Great Britain, &c, and Greece. Greek

Succession. (London.) 1150

1853.

232 22nd May Patent of the Duke of Anhalt. Union of Anhalt-Ccethen

and Anhalt-Dessau. (Dessau.) 1159

233 20th July Territorial Treaty between Oldenburg and Prussia.

Bay of Jahde, &c. (Berlin.) 1161

234 4th Oct. Turkish Declaration of War against Russia. (Constan- tinople.) 1171

235 1st Nov. Russian Declaration of War against Turkey. (Tsaiskoe-

Selo.) 1177 ■

236. • •«• 1st Dec. Supplementary Arrangement between Oldenburg and

Prussia. Bay of Jahde. (Berlin.) 1179

1854. 237 12th Mar. Treaty between Great Britain, France, and Turkey.

Military Aid to Turkey. (Constantinople.) 1181

238 27th Mar. Message to British Houses of Parliament. War with

Russia 1185

239 27th Mar. Message to French Legislative Chambers. War with

Russia 1186

240 28th Mar. British Declaration. War with Russia 1187

241. !.»». 9th April Protocol between Great Britain, Austria, France, and

Prussia. Integrity of Ottoman Empire. (Vienna.) . . 1191

242. .... 10th Aprd Convention between Great Britain and France. Military

Aid to Turkey. (London.) 1193

CONTENTS. VOL. II. xxvii

No, 1854. pagk

243 17th April Protest of Servia against occupation by. Austrian Troops.

(Belgrade.) 1196

244 20th April Treaty of Alliance between Austria and Prussia. (Berlin.) 1201

245 23rd April Eussian Manifesto. War with Great Britain, France,

and Turkey. (St. Petersburgh.) 1205

246, • • • • 10th May Convention between Great Britain and France. Joint

Captures. (London.) 1207

247 10th May Convention between Great Britain and France. Prisoners

of War. (London.) 121(1

248 23rd May Protocol between Great Britain, Austria, France, and

Prussia. Integrity of Ottoman Empire. (Vienna.) . . 1212 249 14th June Convention between Austria and Turkey. Danubian

Principalities. (Boyadji-Keuy.) 1213

250. ... Sth Aug. Notes exchanged between Great Britain and Austria.

Conditions of Peace with Eussia. (Vienna.) 12KJ

251 31st Oct. Boundary Treaty between Baden and Switzerland 1219

252. • • • • 2nd Dec. Treaty of Alliance between Great Britain, Austria, and

France. (Vienna.) 1221

253 28th Dec. Memorandum presented by Great Britain, Austria,

and France to Russia. Ba>es of Conferences. Eastern

Question 1225

1855.

254 24th Jan. Convention between Great Britain and France. Supplies

to Turkish Army. (London.) 1227

255 26th Jan. Convention between Great Britain, France, and .Sardinia.

Military. (Turin.) 1228

256 26th Jan. Convention between Great Britain and Sardinia. Loan.

(Turin.) 1230

257 3rd Feb. Convention between Great Britain and Turkey. Turkish

Troops in British Service. (Constantinople.) 1231

258. •••• Mar.-June Protocols of Conferences between Great Britain, Austria,

France, Eussia, and Turkey. Eastern Question.

(Vienna.) 1233

259 27th June Convention between Great Britain, France, and Turkey.

Loan to Turkey. (London.) 1234

260 10th July Declaration between Great Britain and France. Trophies

and Booty. (Paris.) 1237

261. • • • • 27th July Declaration between Great Britain and France. Turkish

Loan. (London.) 1239

262. • • • • 21st Nov. Treaty between Great Britain, France, and Sweden.

Integrity of Sweden and Norway. (Stockholm.) .... 1241

1856. 263 18th Feb. Turkish Firman and Hatti-Sheriff. Privileges and

Beforms in Turkey. (Hatti-Humai'oun.) 1243

264. . .... 30th Mar. Treaty of Peace between Great Britain, &c., and Eussia.

(Paris.) 1250

XXV111

CONTENTS. VOL. II.

No. 1856.

265 30th Mar.

266 30tli Mar.

267 30th Mar.

268 Feh.-April

269 14th April

270 15th April

271 16th April

272 28thApri]

273. • • • • 13th May

274. ■•	. 3rd June
	1857.
277. • -
276. ••
=&	. Feb.-Mar.
* ..	. 14th Mar.
278. ••	. 11th Mar.
279. ••	. 14th Mar.
	. llthApril
281. ...	. 26th May
	. 19th June

283 5th Dec.

PACE

Convention between Great Britain, &c, and Turkey.

Dardanelles and Bosphorus. (Paris.) 1266

Convention between Russia and Turkey. Naval Forces

in Black Sea. (Paris.) 1270

Convention between Great Britain, France, and Russia.

Aland Islands. (Paris.) 1272

Protocols of Conferences between Great Britain, Austria,

&c. Peace with Russia. (Paris.) 1274

Protocol between Great Britain, Austria, France, Prussia,

Russia, Sardinia, and Turkey. Mediation. (Paris.) . . 1277 Treaty between Great Britain, Austria, and France.

Integrity of Ottoman Empire. (Paris.) 1280

Declaration between Great Britain, Austria, &c. Maritime

Law. (Paris.) 1282

British Proclamation of Peace with Russia 1285

Convention between Great Britain, France, Sardinia, and

Turkey. Evacuation of Ottoman Territory. (Con- stantinople.) 1286

Convention between Great Britain and Sardinia. Further

Loan to Sardinia, (Turin.) 1288

Boundary Treaty between France and Spain. (Bayonne) 1291

Protocol between Great Britain, Turkey, &c. Bessarabian

Frontier. Delta of Danube. Isle of Serpents. (Paris.) 1298

British Note explanatory of ditto. (Paris.) 1296

Protocols between Great Britain, &c\, and Denmark. Sound Dues. (Copenhagen.) , .

Protocol between Great Britain, &c, and Denmark. Sound Dues. (Copenhagen.)

Treaty between Great Britain, &c, and Denmark. Sound

Dues. (Copenhagen.) 1301

Convention between Great Britain and Denmark. Sound

Dues. (Copenhagen.) 1310

Definitive Act between the Commissioners of Great Britain, Austria, &c, and Turkey. Bessarabian Frontier. (Kichineft".) 1313

Treaty between Great Britain, &c, and Switzerland.

Neufchatel and Valengin. (Paris.) ] 316

Treaty between Great Britain, &c., and Turkey. Bessa- rabian Frontier, Isle of Serpents, and Delta of the Danube. (Paris.) 1320

Final Act of the Commissioners of Great Britain, France, Russia, and Turkey. Turco-Russian Frontier in Asia. (Constantinople.) 1323

* See Appendix.

I I INTENTS. VOL. II.

XXIX

No.	1858.
284. ...	. 28th April
285. ...	. May— Aug.
286 ...	. 19th Aug.
	. 11th Sept.
	. Sth Not.
289. ...	, . 2Sth Dec.
	1859.
290. . . .	. 14th Mar.
291. ••	. 19th April
292. ..	. . 26th April
293. ••	. . 28th April
294. ..	. . 29thApril
296. • •	. . 3rd May
297. ■•	4th May
	11th July
299. ••	. . Apr. -Sept.
300. ••	.. 6th Sept.
301. •■	. . 10th Nov.
302. ••	.. 10th Nov.

303 1 Oth Nov.

304 10th Nov.

305 10th Nov.

306. •••• 21st Nov.

307. 308.

1860. 15th Mar.

18th Mar.

PAGE

Protocol between Great Britain, &c, and Turkey. Turco-

Russian Frontier in Asia. (Paris.) 1325

Protocols of Conferences between Great Britain, &c, and

Turkey. Moldavia and Wallachia. (Paris.) 1327

Convention between Great Britain, &c., and Tui'key.

Moldavia and Wallachia. (Paris.) 1329

Supplementary Act between Russia and Turkey. Turco-

Russian Boundary. (Badji-Bairam.) 1350

Proces-Verbal between Great Britain. Austria, &c, and

Turkey. Montenegro, &c. (Constantinople.) 1353

Additional Boundary Convention between Prance and

Spain. (Bayonne.) 1355

Swiss Declaration. Neutrality in event of War between

Austria and Italy. (Berne.) 1356

Austrian Ultimatum to Sardinia. (Vienna.) 1359

Sardinian Reply to Austrian Ultimatum 1361

Austrian Declaration of War against Sardinia. (Vienna.) 1362 Sardinian Declaration of War against Austria. (Turin.) 1365 Communication to French Chambers. War with Austria. 1367 French Proclamation of War against Austria. (Paris.). . 1368 British Circular. War between Austria and France and

Sardinia. (London.) 1370

Preliminary Treaty of Peace between Austria and France.

(Villafranca.) 1 37 I

Protocols of Conferences between Great Britain, &c, and

Turkey. Moldavia and Wallachia. (Paris.) 1376

Protocol of Conference between Great Britain, &c, and

Turkey. Hospodar of Moldavia and Wallachia. (Paris.) 1377 Treaty of Peace between Austria and France. (Zurich.). . 1380 Treaty of Peace between France and Sardinia. Cession

of Lombardy. (Zurich.) 1392

Treaty of Peace between Austria, France, and Sardinia.

(Zurich.) 1401

Declaration between Austria and France. Fortresses of

Placentia, Ferrara, and Commachio. (Zurich.) 1412

Declaration between Austria and France. Proposed for- mation of Italian Confederation. (Zurich.) 1413

Protocol between Austria, France, and Sardinia. Boun- dary along the River Po. (Zurich.) 1414

Swiss Protest against annexation of Chablais, Faucigny,

and Genevese to France. (Paris.) 1415

Sardinian Decree annexing Provinces of Emilia to Sar- dinia. (Turin.) 1416

xxx CONTEXTS. VOL. II.

No. 1860. page

309. •■•• 22nd Mar. Sardinian Decree annexing Tuscany to Sardinia. (Turin.) 1417

310 22nd Mar. Protest of Modem against annexation to Sardinia.

(Vienna.) ins

311 21th Mar. Papal Protest against annexation of Romagna, &c, to Sar- dinia. (Rome.) 1422

312 24th Mar. Protest of Tuscany against annexation to Sardinia.

(Dresden.) 1424

313. .... . 24th Mar. Treaty between France and Sardinia. Annexation of

Savoy and Nice to France. (Turin.) ' 1429

314 28th Mar. Protest of Parma against annexation to Sardinia.

(Zurich.) 1432

315 28th Mar. Swiss Protest against annexation of Neutralized Portions

of Savoy to France. (Turin.) 1435

315 17th April Protocol between Great Britain, Austria, France, Prussia,

and Russia. Montenegrin Boundary. (Constanti- nople.) I4.37

317 16th June Final Boundary Act between Austria and Sardinia.

(Peschiera.) I439

318. • ■ • • June Arrangement between Great Britain, France, Russia, and

Greece. Greet Loan. (Athens.) 1445

319 20th June French Proposals. Neutralized Portions of Savoy. (Paris,) 1448

320 25th June British Reply to ditto. Neutralized Portions of Savoy.

(London.) 1450

321 3rd Aug. Protocols between Great Britain, &c, and Turkey. Pacifi- cation of Syria. (Paris.) 1451

322 23rd Aug. Convention between France and Sardinia. Annexation

of Savoy and Nice to France. (Paris.) 1453

323. • • ■ • 5th Sept. Convention between Great Britain, &e., and Turkey.

Pacification of Syria. (Paris.) 1455

324 17th Dec. Sardinian Decree. Union of Neapolitan Provinces to

Italy. (Naples.) 145y

325 17th Dec. Sardinian Decree. Union of Sicilian Provinces to Italy.

(Naples.) 1 1,59

326 17th Dec. Sardinian Decree Union of the Provinces of Umhria to

Italy. (Naples.) 1460

327 17th Dec. Sardinian Decree. Union of the Provinces of the Marches

to Italy. (Naples.) 146 \

1861. 328 2nd Feb. Treaty between France and Monaco. Cession of Mentone

and Roccabruna to France. (Paris.) 1462

329 7th Mar. Boundary Treaty between France and Sardinia.

(Turin.) 1466

330. • • • • 17th Mar. Law of King of Sardinia assuming Title of King of Italy.

(Twin.) 1468

331 19th Mar. Convention between Great Britain, &c, and Turkey.

Prolongation of Occupation of Syria. (Paris.) 1469

CONTEXT.-;. VOL. II. XXXI

NO. 1861. iwgi:

332 22nd June Treaty between Great Britain, &c, and Hanover. Re-

Pemption of the Stadc Toll. (Hanover.) 1 171

333 5th Oct. Boundary Convention between Italy and Switzerland.

(Lugano.) 1481

334, • • • • 6th Dec. Turkish Firman. United Principalities of Moldavia and

Wallachia 1498

■ .... 1860, 1861 Protocols between Great Britain, &c., and Turkey.

Restoration of Tranquillity in Syria. (Paris.)

* .... 1860, 1861 Protocols between Commissioners of Great Britain, &c,

and Turkey. Disturbances in Syria. (Beyrout.)

1862.

£35 22nd Mar. Convention between Italy and San Marino. Indepen- dence of San Marino. (Turin.) 1508

336. • • • • 14thApril Boundary Treaty between France and Spain. (Bay-

onne.) 1510

337 31st Aug. Turkish Conditions imposed on Montenegro and accepted

by the Prince. (Scutari.) 1512

338 4th Sept. Protocol between Great Britain, &c, and Turkey. Servia.

(Kanlidja.) 1515

339 8th Dec. Treaty between France and Switzerland. Vallee des

Dappes. (Berne.) 1525

loth Dec. Joint Note. Exclusion of Members of Royal Families of Great Britain, France, and Russia from Throne of Greece

1863.

310. • • • • 27th Feb. Additional Boundary Convention between France and

Spain. (Bayonne.) 1528

341 20th Mar. Greek Decree. Cessation of British Protectorate over

Ionian Islands. (Athens.) 1530

342 12th May Treaty between Belgium and Netherlands. Scheldt Toll.

(Hague.) 1532

343 16th May Protocol between Great Britain, France, and Russia.

Termination of Bavarian Order of Succession to Throne

of Greece. (London.) 1535

344 27th May Protocol between Great Britain, France, and Russia.

Greek Succession. (London.) 1537

345. • ■ • ■ 5th June Protocol between Great Britain, France, Russia, and

Denmark. Greek Succession. Annexation of Ionian Islands to Greece. (London.) 1539

346. •••• 26th June Protocol between Great Britain, France, and Russia.

Guarantee of Greek Independence. Ionian Islands. Greek Loan. (London.) 1544

347. • • • • 13th July Treaty between Great Britain, &c, and Denmark. Danish ,

Succession to the Throne of Greece. Ionian Islands. (London.) 1545

* Sen Appendix.

xxxii CONTENTS. VOL. III.

I'Aui;

Treaty between Great Britain, Sea., and Belgium. Re- demption of the Scheldt Toll. (Brussels.) 1550

Protocol between Great Britain, &c, and Belgium. De- claration of Netherlands of loth July, 1863. Scheldt Toll. (Brussels.) 1557

Protocol between Great Britain, Austria, &c. (5 Powers).

Union of Ionian Islands to Greece. (London.) 1559

Convention between Great Britain and Belgium. Scheldt

Toll. (Brussels.) 1501

Protocol between Great Britain, France, Russia, and Den- mark. King of the Hellenes. (London.) 1503

Protocol between Great Britain, France, Russia, and Den- mark. King of the Hellenes. (London.) 1564

Decision of Assembly of Ionian States in favour of Union of Ionian Islands to Greece. (Corfu.) 1565

Treaty between Great Britain, Austria, &c. (5 Powers.) Ionian Islands. Treaty of 5th November, 1S15, annulled.

(London.) 1569

356 Nov. Correspondence between Great Britain and France.

Proposed Congress for Preservation of Peace of Europe 1575

No.	1863.
348, ••	.. 16th July
349 ••
350. ••	1st Aug.
351. ••
352. ..
	13th Oct,
354 ••	19th Oct,
355. ..	.. 14th Nov.

VOL. III.

Treaty between Great Britain, France, Russia, and

Greece. Union of the Ionian Islands to Greece.

(Loudon.) 1589

Convention between Great Britain and Greece. British

Claims, &c. Ionian Islands. (London.) 1596

Protocols of Conferences between Great Britain, Austria,

&c. (5 Powers). Union of Ionian Islands to Greece.

Greek Succession. (London.) 1601

Protocol between Turkey and Montenegro. Frontiers of

Montenegro. (Cettigne.) 1602

Protocol between Commissioners of Great Britain ami

Greece. Withdrawal of British Forces from Ionian

Islands. (Corfu.) 1606

,, Proclamation of Lord High Commissioner. Cessation of

British Protectorate 1609

362 Apr.-Junc Protocols of Conferences between Great Britain, Austria,

Prussia, &c., and Denmark. Re-establishment of Peace

between Austria, Prussia, and Denmark. (London.). . 1611 Additional Act between the Porte and Prince Couza.

United Principalities of Moldavia and AVallachia.

(Constantinople.) 1613

Protocol. Adhesion of 6 Powers to ditto 1620

Convention between Baden, &c, and Switzerland.

Wounded in War. (Geneva.) 1621

	1864.
357. ...	. 29th Mar.
358. ...	. 29th Mar.
359. ...	. Jan. -Mar.
	3rd May
361. ...	. 2Sth May

363. •	. . . 20th June
	. . . 28th June
365. •	. . . 22nd Aug.

CONTENTS. VOL. III.

XXX111

No.	1864.
366. .
367. .	. . . 30th Oct.
	1865.
368 •	18th Feby.
369. .	. . . 8th April
370. .	. . . 14th Aug.
371, •
372, .
	1866.
373. .	, . . 26th May
374. . .
*	, . . 27th May
*	, . . 4th June
375. •	, . . Mar. -June
377. ••	May — June
*	. . 15th June
378- ••	, 16th June
379. ••
	.. 18th June
381. ••
382. ..	.. 20th June
383. •■	26th July
	29th Jxily
	13th Aug.
385. ••	. . 16th Aug.
	. . 17th Aug.

PAGE

Convention between France and Italy. Evacuation of Papal States by French Troops. (Paris.) 1627

Treaty of Peace between Austria, Prussia, and Denmark.

Duchies of Schleswig Holstein and Lauenburg. (Vienna.) 1630

Accession of Great Britain to Convention of 22nd August,

1864, relative to Wounded in War. (London.) 1634

Accession of Turkey to Treaty of 29th March, 1864, for the Union of the Ionian Islands to Greece. (Constan- tinople.) 1636

Convention between Austria and Prussia. Duchies of Schleswig Holstein and Lauenburg. (Gastein.) 1638

Prussian Patent taking possession of the Duchy _ of Lauen- burg. (Berlin.) 1643

British Circular respecting Annexation of Danish Duchies to Prussia. (London.) 1645

Boundary Treaty between France and Spain. (Bayonne.) 1647 Boundary Act between France and Spain. (Bayonne.) . . 1649 Firman of the Sultan of Turkey. Order of Succession in

Egypt

Russian and Turkish Declaration. Inviolability of

Treaties

Protocols of Conferences between Great Britain, &c., and Turkey, relative to "United Principalities of Moldavia

and Wallachia, and the Danube. (Paris.) 1650

Prussian Declaration of Cause of War with Austria, and

of Dissolution of Germanic Confederation. (Frankfort.) 1652 Correspondence. Proposed Conference. Peace of Europe. 1655 Firman of the Sultan of Turkey. Regency in Egypt Prussian Declaration. Necessity for Invasion of Han- over, Hesse-Cassel, and Saxony. (Berlin.) 1686

Austrian Manifesto. War with Prussia and Italy.

(Vienna.) 1688

Prussian Manifesto. War with Austria. (Berlin.) .... 1693

Italian Manifesto. War with Austria 1695

Italian Declaration. War with Austria. (Cremona.).... 1697 Preliminary Treaty of Peace between Austria and Prussia.

(Nikolsburg.) 1698

French Declaration. Acquisition of Venetia for Italy .. 1721 Treaty of Peace between Prussia and Wurtemberg.

(Berlin.) 1702

Message of King of Prussia. Union of Hanover, Hesse- Cassel, Nassau, and Frankfort to Prussia. (Berlin.) . . 1705 Treaty of Peace between Baden and Prussia. (Berlin.).. 1707

* See Appendix.

c

Xxxiv CONTENTS. VOL. III.

No. 1866. page

387 22nd Aug. Treaty of Peace between Bavaria and Prussia. (Berlin.) 1711

388 23rd Aug. Treaty of Peace between Austria and Prussia. (Prague.) 1720

389 3rd Sept. Treaty of Peace between Hesse-Darmstadt and Prussia.

(Berlin.) 1729

390 20tb Sept. Prussian Decree uniting Hanover, Hesse-Cassel, Nassau,

and Frankfort to Prussia. (Berlin.) 1741

391 23rd Sept. Protest of King of Hanover against Annexation of

Hanover to Prussia. (Heitzing.) 1742

392 3rd Oct. Treaty of Peace between Austria and Italy. (Vienna.).. 1749

393 3rd Oct. Prussian Patent taking Possession of Hanover. (Babels- berg.) .'. 1760

394 3rd Oct. Prussian Patent taking Possession of Hesse-Cassel.

(Babelsberg.) 1762

395 3i-d Oct. Prussian Patent taking Possession of Nassaxi. (Babels- berg.) 1764

396 3rd Oct. Prussian Patent taking Possession of Frankfort. (Babels- berg.) 1766

397 8th Oct. Treaty of Peace between Prussia and Saxe-Meiningen.

(Berlin.) 1768

Treaty of Peace between Prussia and Saxony. (Berlin.) . 1771 Firman of the Sultan. Investiture of Prince Charles of Hohenzollern as Prince of United Principalities of

Moldavia and Wallacliia 1783

Protocol between Turkey and Montenegro. Boundaries. 1787 Act between Austria, Russia, and United Principalities.

Navigation of the Pruth. (Bucharest.) 1789

Prussian Law uniting Duchies of Holstein and Schleswig

to Prussia. (Berlin.) .• 1797

Prussian Law uniting certain portions of Territories of Bavaria and Hesse-Darmstadt, Hesse-Homburg, &c. (Berlin.) 1798

Firman of tbe Sultan of Turkey. Evacuation of Servian Fortresses 1800

Treaty between Great Britain, Austria, &c. Luxemburg and Limburg. (London.) 1801

Protocols of Conferences between Great Britain, Austria,

&c. Luxemburg and Limburg. (London.) 1806

Firman of the Sultan of Turkey. Succession in Egypt, &c.

Constitution of the North German Confederation 1807

Treaty between Prussia and Waldeck-Pyrmont. (Berlin.) 1829

Boimdary Act between Austria and Italy. (Venice.) . . . 1833

Convention between Great Britain, &c, and Turkey.

Danube Works Loan. (Galatz.) 1838

	. . 21st Oct.
399. ..	. . 23rd Oct.
400. ••	. . 26th Oct.
401. ••	.. 15th Dec.
402. ,.	. . 24th Dec.
403. ••	. . 24th Dec.
	1867.
	, , 10th Apr.
405. ..	. . 11th May
*	. . 8th June
407. ••	. . 14th June
	. . 18th July
409. ••	.. 22nd Dec.
	1868.
	.. 30th Apr.

* See Appendix.

CONTENTS. VOL. III. XXXV

No. 1868. PAGE

411 llth July Final Boundary Act between France and Spain.

(Bayonne.) 1844

412 17th Oct. Convention between Baden, France, &c. Navigation of

the Rhine. (Mannheim.) 1847

413 20th Oct. Additional Articles between Baden, &c, and Switzerland.

Wounded in War. (Geneva.) 1853

414 llth Dec. Declaration between Great Britain, Austria, &c. Explo- sive Projectiles in time of War. (St. Petersburgh.) . . 1860

415 llth Dec. Boundary Treaty between Netherlands and Prussia. (Aix-

la-Chapelle.) 1862

* 1869. #

416 20th Jan. Declaration of Allied Powers. (Great Britain, Austria,

France, Italy, Prussia, Russia, and Turkey.) Obligations

of Greece towards Turkey. (Paris.) 1864

417. • • Jan. — Feb. Protocols of Conferences between Great Britain, Austria,

France, Italy, Prussia, Russia, and Turkey. Differences between Greece and Turkey. (Paris.) 1868

418 30th Mar. Protest of King George of Hanover, against Seizure of his

Private Property by Prussia. (Heitzing.) 1870

419 6th July Protocol between Baden, Bavaria, &c, relative to the

Federal Fortresses of Mayence, Ulm, Rastadt, and

Landau. (Munich.) 1874

* . . . . 29th Nov. Firman of the Sultan of Turkey. Levy of Taxes in Egypt. Contracts for Loans

1870.

420 22nd June Treaty between Austria and Germany. Abolition of

the Elbe Dues. (Vienna.) 1876

421 17th July French and Prussian Declaration. Neutrality of Luxem- burg. (Berlin.) 1877

422 18th July Note of Swiss Government. Neutrality in War between

France and Prussia. (Berlin.) 1878

423 19th July French Announcement to Prussia. Causes of War.

(Berlin.) 1880

424 19th July Speech of King of Prussia. War with France. (Berlin.) 1881

425 20th July French Declaration. War with Prussia. (Paris.) 1883

426 22nd July French Proclamation. War with Prussia. (Paris.) .... 1884

427 9th Aug. Treaty between Great Britain and Prussia. Neutrality

of Belgium. (London.) 1886

428 llth Aiig. Treaty between Great Britain and France. Neutrality of

Belgium. (London.) 1889

429 31st Oct, Russian Note. Naval Forces in Black Sea. (Tzarskoe

Selo.) 1892

430 1st Nov. Further Russian Note. Naval Forces in Black Sea.

(Tzarskoe Selo.) 1896

* See Appendix.

XXXVI CONTEXTS. VOL. III.

No. 1870. PAGE

431 10th Nov. British Reply to Russian Notes. Naval Forces in Black

Sea. (London.) 1898

432 3rd Dec. Prussian Circular. Neutrality of Luxemburg. (Ver- sailles.) 1901

1871. 433 17th Jan. Declaration between Great Britain, &c, and Eussia. Non- alteration of Treaties without consent. (London.) .... 1904

434 28th Jan. Convention of Armistice between France and Germany.

(Versailles.) 1905

435 1st Feb. Military Convention between France and Switzerland.

Entrance of French Army into Switzerland. (Verrieres.) 1907

436 8th Feb. Regulations between Austria, Russia, and Roumania.

Navigation of the Pruth. (Bucharest.) 1909

437 15th Feb. Additional Convention between France and Germany.

Armistice. (Versailles.) 1911

438 26th Feb. Preliminary Treaty of Peace between France and Germany.

(Versailles.) 1912

439 13th Mar. Treaty between Great Britain, &c, and Turkey. Black

Sea and Danube. (London.) 1919

440 13th Mar. Convention between Russia and Turkey. Black Sea.

(London.) 1924

441 Jan.-Mar. Protocols between Great Britain, &c, and Turkey.

Revision of Treaty of 30th March, 1856. Black Sea

and Danube. (London.) 1926

442 16th Mar. Convention between France and Germany. Peace.

(Rouen.) 1927

443 16th April Law. Constitution of the German Empire. (Berlin.) . . 1929

444 16th April Constitution of the German Empire. (Berlin.) 1930

445 8th May Proposed Regulations. Duties of Neutrals in Time of

War. (Washington.) 1953

446 10th May Definitive Treaty of Peace between France and Germany.

(Frankfort.) 1954

447 12th Oct. Additional Convention between France and Germany.

Alsace-Lorraine. (Berlin.) , 1964

448. • • July — Dec. Protocols between France and Germany. Peace. (Frank- fort.) 1966

449 Hth Dec. Additional Convention of Peace between France and

Germany. (Frankfort.) 1968

1873. * .... 8th June Firman of the Sultan of Turkey. Succession, &c, in Egypt.

1874.

450 27th Aug. Final Protocol between Great Britain, &c, and Russia.

Rules and Usages of War. (Brussels.) 1974

1875.

451 20th Jan. British Reply to Russian Circular. Proposals respecting

Laws and Usages of War. (London.) 1976

* See Appendix.

THE

MAP OF EUROPE, BY TREATY,

1814 to 1875.

NO. 1.— DEFINITIVE TREATY of Peace between Great Britain, 8fC (Austria, Portugal, Prussia, Russia, Spain, Sweden), and France. Signed at Paris. ?>0th May, 1814.*

[Ratifications exchanged at London, 17th June, 1814.]

[Separate Treaties containing' the same Stipulations, verbatim were concluded, on the same day, between Prance and Austria, Portugal,f Prussia, Russia, and Sweden ; and on the 20th Jul}'. 1814, between Prance and Spain. No. 3.]

Art. Table.

Preamble.

1. Peace and Friendship.

2. Limits of France, as in 1792.

:}. Increase of French Territory, on side of Belgium, Germany, and Italy. Fortress of Landau retained by France. Frontier of the Rhine. Geneva. Monaco. Avignon. C'omilat Venaissin. Comte de. Mont- beliard. Fortifications. Private Property on the Frontiers. Boundary Commissions. Maps.

4. Communications with Geneva. Versoy Road.

5. Navigation of the Rhine, and of other Rivers.

6. Territory and Sovereignty of Holland. Federation of Germany. Inde-

pendence of Switzerland. Sovereign Stales of Italy.

7. Sovereignty of Malta.

8. Restoration by Great Britain of French Colonies, Fisheries, Factories,

and Establishments. Cession to Great Britain of Tobago, St. Lucia. Isle of France {Mauritius), Rodrignes, and Les Sechelles. Cession of Part of St. Domingo to Spain.

* This Treaty was confirmed by the Definitive Treaty of 20th November, 1815, Art. XI.

f The Article in the Portuguese Treaty relating to the restitution of Guiana to France was modified by Arts. CVI and CV1T of the Vienna Con- gress Treaty of 9th June, 1815, and by the Convention between France and Portugal of 28th August, 1817.

1 n

30 May, 1814.] GREAT BRITAIN, &c, AND FRANCE. [No. 1

[1st Peace of Paris.]

Art. Table (continued).

9. Restoration by Sweden of Guadaloupe to France.

10. Restoration by Portugal of French Guiana to France. Mediation of

Great Britain ; Boundaries of French Guiana.

11. Fortresses, &c, in Colonies restored to France.

12. Commerce, &c., of France in British India. French Fortifications and

Garrisons in India.

13. French right of Fishery at Newfoundland, and Gulf of Sf. Lawrence.

14. Periods of restoration of French Colonies, &c.

15. Division of Ships of War, Arsenals, &c, between France and the Allies,

Dutch Fleet in the Texel excepted. Return of Workmen, Seamen, &c, to France. Port of Antwerp.

16. Persons and Property in Countries restored, and Debts of Private

Individuals.

17. Right of Emigration.

18. Renunciation of Government Claims for Contracts, &c.

19. Liquidation of Private Claims by France.

20. Commissioners of Claims.

21. Debts in Countries no longer belonging to France. 2'2. Pensions, &c, of Persons no longer French Subjects.

23. Securities.

24. Caisse d'Amortissement.

25. Caisse de Service, Caisse d'Amortissement, &c.

26. Termination of Pensions.

27. Guarantee of Purchasers of National Domains.

28. Abolition of Droits d'Aubaine, de Detraction, &c, in Countries lately

incorporated wifih France.

29. Restitution by France of Foreign Bonds and Deeds.

30. Sums due for Public Works in Departments detached from France.

31. Archives, Maps, &c, of ceded Countries.

32. Plenipotentiaries to meet in General Congress at Vienna.

33. Ratifications.

[See Additional, Separate, and Secret Articles, page 17.]

(English Version.*)

In the Name of the Most Holy and Undivided Trinity.

I Irs Majesty, the King- of the United Kingdom of Great Britain and Ireland, and his Allies on the one part, and His Majesty the King of France and Navarre on the other part, animated by an equal desire to terminate the long agitations of Europe, and the sufferings of Mankind, by a permanent Peace, founded upon a just repartition of force between its States, and containing in its Stipulations the pledge of its durability ; and His Britannic Majesty, together with his Allies, being unwilling

* For French Version, see "State Papers," vol. i, p. 151.

2

No. 1] GREAT BRITAIN, &C, AND FRANCE. [30 May, 1814

[1st Peace of Paris.]

to require of France, now that, replaced under the paternal Government of Her Kings, she offers the assurance of security and stability to Europe, the conditions and guarantees which they had with regret demanded from her former Government, Their said Majesties have named Plenipotentiaries to discuss, , settle, and sign a Treaty of Peace and Amity ; namely,

His Majesty the King of the United Kingdom of Great Britain and Ireland, the Right Honourable Robert Stewart, Viscount Castlereagh, one of His said Majesty's Most Honour- able Privy Council, Member of Parliament, Colonel of the Londonderry Regiment of Militia, and his Principal Secretary of State for Foreign Affairs, &c, &c, &c. ; the Right Honourable George Gordon, Earl of Aberdeen, Viscount Formartine, Lord Iladdo, Methlic, Tarvis, and Kellie, &c, one of the Sixteen Peers representing the Peerage of Scotland in the House of Lords, Knight of His Majesty's Most Ancient and Most Noble Order of the Thistle, his Ambassador Extraordinary and Plenipo- tentiary to His Imperial and Royal Apostolic Majesty ; the Right Honourable "William Shaw Cathcart, Viscount Cathcart, Baron Cathcart and Greenock, one of His Majesty's Most Honourable Privy Council, Knight of his Order of the Thistle, and of the Orders of Russia, General in His Majesty's Army, and his xlmbassador Extraordinary and Plenipotentiary to His Majesty the Emperor of all the Russias ; and the Honourable Sir Charles William Stewart, Knight of His Majesty's Most Honourable Order of the Bath, Member of Parliament, Lieutenant-General in His Majesty's Army, Knight of the Prussian Orders of the Black and Red Eagle, and of several others, and his Envoy Extraordinaiy and Minister Plenipotentiary to His Majesty the King of Prussia ;

And His Majesty the King of France and Navarre, Charles Maurice de Talleyrand Perigord, Prince of Benevent, Great Eagle of the Legion of Honour, Knight of the Black and Red Eagle of Prussia, Grand Cross of the Order of Leopold of Austria, Knight of the Russian Order of St. Andrew, and His said Majesty's Minister and Secretary of State for Foreign Affairs ;

Who having exchanged their Full Powers, found in good and due form, have agreed upon the following Articles :

Peace and Friendship.

Art. I. There shall be from this day forward perpetual Peace and Friendship between His Britannic Majesty and his Allies on

3 b 2

30 May, 1814.] GREAT BRITAIN, &c, AND FRANCE. [No. 1

[1st Peace of Paris.]

the one part, and His Majesty the King of France and Navarre on the other, their Heirs and Successors, their Dominions and Subjects, respectively.

The High Contracting Parties shall devote their best attention to maintain, not only between themselves, but, inasmuch as depends upon them, between all the States of Europe, that harmony and good understanding which are so necessary for their tranquillity.

Limits of France, as in 1792.*

Art. II. The Kingdom of France retains its limits entire, as they existed on the 1st of January, 1792. It shall further receive the increase of Territory comprised within the line established by the following Article :

Increase of French Territory on side of Belgium, German)/, andltaly*

Art. III. On the side of Belgium, Germany, f and Italy, % the Ancient Frontiers shall be re-established as they existed the 1st of January, 1792, extending from the North Sea, between Dunkirk and Nieuport, to the Mediterranean between Cagnes and Nice, with the following modifications :

1. In the Department of Jemappes, the Cantons of Dour, Merbes-le-Chateau, Beaumont, and Chimay, shall belong to France; where the line of demarcation comes in contact with the Canton of Dour, it shall pass between that Canton and those of Boussu and Paturage, and likewise further on it shall pass between the Canton of Merbes-le-Chateau and those of Binch and Thuin.

2. In the Department of Sambre and Meuse, the Cantons of Walcourt, Florennes, Beauraing, and Gedinne, shall belong to France ; where the demarcation reaches that Department it shall follow the line which separates the said Cantons from the Department of Jemappes, and from the remaining Cantons of the Department of Sambre and Meuse-.

3. In the Department of the Moselle, the new demarcation, at the point where it diverges from the old line of Frontier, shall

* See Map facing p. 28. This Boundary was altered by the Definitive Treaty between the 5 Allied Powers and France of 20th November, 1815.

t This Boundary was altered by the Preliminary Treaty of Peace between France and Germany of 2Gth February, 1871.

X See Separate and Secret Articles, p. 18. This Boundary was altered by the Treaty between France and Sardinia of 24th March, 1860.

4

No. lj GREAT BRITAIN, &:., AND FRANCE. [30 May, 1814.

[1st Peace of Paris.]

be formed by a line to be drawn from Perle to FremersdorfF, and by the limit which separates the Canton of Tholey from the remaining Cantons of the said Department of the Moselle.

4. In the Department of La Sarrc, the Cantons of Saarbruck and Arneval shall continue to belong- to France, as likewise the portion of the Canton of Lebach which is situated to the south of a line drawn along- the confines of the Villages of Herchenbach, Ueberhofen, Ililsbach, and Hall (leaving these different places out of the French Frontier), to the point where, in the neighbour- hood of Querselle (which place belongs to France), the line which separates the Cantons of Arneval and Ottweiler reaches that which separates the Cantons of Arneval and Lebach. The Frontier on this side shall be formed by the line above described, and afterwards by that which separates the Canton of Ameval from that of Bliescastel.

Fo7'tress of Landau to be retained by France.*

5. The Fortress of Landau having, before the year 1792, formed an insulated point in Germany, France retains beyond her Frontiers a portion of the Departments of Mount Tonnerre and of the Lower Rhine, for the purpose of uniting the said Fortress and its l'adius to the rest of the Kingdom. The new demarcation from the point in the neighbourhood of Obersteinbach (which place is left out of the limits of France) where the Boundary between the Department of the Moselle and that of Mount Tonnerre reaches the Department of the Lower Rhine, shall follow the line which separates the Cantons of Wissenbourg and Berg- zabern (on the side of France) from the Cantons of Permasens, Dahn, and Answeiler (on the side of Germany), as far as the point near the Village of Vollmersheim, where that line touches the ancient radius of the Fortress of Landau. From this radius, which remains as it was in 1792, the new Frontier shall follow the arm of the River de la Queich, which on leaving the said radius of Queichheim (that place remaining to France) flows near the

* This Fortress was restored to Germany by Art. I of the Definitive Treaty of 20th November, 1815. By Art. II of the Treaty between Austria and Bavaria of lGth April, 1816, Landau was given to Bavaria. By Art. II of the Treaty between the 4 Allied Powers of 20th July, 1819, Bavaria was confirmed in the possession of Landau; and by Art. Ill of the same Treaty, the Fortress of Landau was declared to be one of the Fortresses of the Germanic Confederation. On the Gth July, 18G9, a Protocol was signed between North Germany, Bavaria, &c, respecting the Joint Property of the Movable Materiel of War in the Federal Fortresses of Landau, &c.

5

30 May, 1814.] GREAT BRITAIN, &c, AND FRANCE.* [No. 1

[1st Peace of Paris.]

Villages of Merlenheim, Rmttelsheim, and Belheim (these places also belonging- to France) to the Rhine, which from thence shall continue to form the boundary of France and Germany.

Frontier of the Rhine.

The main stream (Thahveg) of the Rhine shall constitute the Frontier ; provided, however, that the changes which may here- after take place in the course of that river shall not affect the property of the Islands. The right of possession in these Islands shall be re-established as it existed at the signature of the Treaty of Luneville.*

C. In the Department of the Doubs, the Frontier shall be so regulated as to commence above the Ramjonniere near Locle, and follow the Crest of the Jura between the Cerneux-Pequignot and the Village of Fontenelles, as far as the peak of that moun- tain, situated about 7,000 or 8,000 feet to the north-west of the Village of La Breviue, where it shall again fall in with the ancient Boundary of France.

Geneva.f

7. In the Department of the Leman, the Frontiers between the French Territory, the Pays de Vaud, and the different portions of the Territory of the Republic of Geneva (which is to form part of Switzerland) remain as they were before the incorporation of Geneva with France. But the Cantons of Frangy and of St. Julien (with the exception of the districts situated to the north of a line drawn from the point where the River of La Laire enters the Territory of Geneva near Chancy, following the confines of Sesequin, Laconex, and Seseneuve, which shall remain out of the limits of France), the Canton of Reignier (wTith the exception of the portion to the east of a line which followrs the confines of the Muraz, Bussy, Pers, and Cornier, which shall be out of the French limits), and the Canton of La Roche (with the exception of the places called La Roche and Armanoy, with their districts) shall remain to France. The Frontier shall follow the limits of these different Cantons, and the line which separates the Districts con- tinuing to belong to France, from those which she does not retain.

8. In the Department of Mont-Blanc, France acquires the Sub-Prefecture of Chambery (with the exception of the Cantons

* (9th February, 1801.) See Appendix.

f See Separate and Secret Articles, p. 18. See also Art. LXXXV of the Vienna Congress Treaty of 9th June, 1815.

6

No. 1] GBEAT BRITAIN, &c., AND FRANCE. [30 May, 1814.

[1st Peace of Paris.]

of L'Hopital, St. Pierre d'Albigny, La Eocette, aud Montmelian), and the Sub -Prefecture of Annecy (with the exception of the portion of the Canton of Faverges, situated to the east of a line passing- between Ourechaise ard Marlens on the side of France, and Marthod and Ugine on the opposite side, and which after- wards follows the crest of the mountains as far as the Frontier of the Canton of Thones) ; this line, together with the limit of the Cantons before mentioned, shall on this side form the new Frontier. On the side of the Pyrenees,, the Frontiers between the two Kingdoms of France and Spain remain such as they were on the 1st of January, 1792, and a Joint Commission shall be named on the part of the two Crowns for the purpose of finally determining the line.

Monaco *

France on her part renounces all rights of Sovereignty, Suzerainete, and of possession, over all the Countries, Districts, Towns, and places situated beyond the Frontier above described, the Principality of Monaco being replaced on the same footing on which it stood before the 1st of January, 1792.

Avignon. Comitat Venaissin. Comte de Montbeliard. The Allied Powers assure to France the possession of the Principality of Avignon, of the Comitat Venaissin, of the Comte of Montbeliard, together with the several insulated Territories which formerly belonged to Germany, comprehended within the Frontier above described, whether they have been incorporated with France before or after the 1st of January, 1792.f

Fortifications. Private Property on the Frontiers.

The Powers reserve to themselves, reciprocally, the complete right to fortify any point in their respective States which they may judge necessary for their security .J

To prevent all injury to Private Property, and protect, according to the most liberal principles, the property of Indi- viduals domiciliated on the Frontiers, there shall be named, by

* It was declared by the Definitive Treaty of 20th November, 1815, that tho Relations thus established between France and Monaco should cease, and that the same Relations should exist between that Principality and Sardinia. By the Treaty between France and Monaco of 2nd February, 1861, Mentone and Roquebrunc were ceded to France.

f See Protest of the Pope, 12th June, 1815.

X See Vienna Congress Treaty of 9th June, 1815, Art. XC,

7

30 May, 1814.] GREAT BRITAIN, 4c, AND FRANCE. [No. 1

[1st Peace of Paris.]

each of the States bordering on France, Commissioners who shall proceed, conjointly with French Commissioners, to the delineation of the respective Boundaries.

Boundary Commissions. Majys. As soon as the Commissioners shall have performed their task, Maps shall be drawn, signed by the respective Commissioners, and posts shall be placed to point out the reciprocal Boundaries.

Communications tvith Geneva. Versoy Road. Art. IV. To secure the communications of the Town of Geneva with other parts of the Swiss Territory situate on the Lake, France consents that the Road by Versoy shall be common to the two Countries. The respective Governments shall amicably arrange the means for preventing smuggling, regulating the costs, and maintaining the said Road.*

Navigation of the Rhine ; and of other Rivers.

Art. V. The Navigation of the Rhine, from the point where it becomes navigable unto the sea, and vice versa, shall be free, so that it can be interdicted to no one :— and at the future Congress attention shall be paid to the establishment of the principles according to which the duties to be raised by the States bordering on the Rhine may be regulated, in the mode the most impartial and the most favourable to the commerce of all Nations.f

The future Congress, with a view to facilitate the communi- cation between Nations, and continually to render them less strangers to each other, shall likewise examine and determine in what manner the above provisions can be extended to other Rivers which, in their navigable course, separate or traverse different States.f

Territory and Sovereignty of Holland.].

Art. VI. Holland, placed under the Sovereignty of the House of Orange, shall receive an increase of Territory.§ The title and exercise of that Sovereignty shall not in any case belong to a Prince wearing, or destined to wear, a Foreign Crown.

* See Vienna Congress Treaty of 9th June, 1815, Art. LXX1X. t See Regulations of the Congress of Vienna of 11th March, 1815. $ See Vienna Congress Treaty of 9th June, 1815, Art. LXVI. § See Secret, Article III, p. 19.

8

No. 1] GREAT BRITAIN, ic, AND FRANCE. [30 May, 1814.

[1st Peace of Paris.]

Federation of Germany.*

The States of Germany shall be independent, and united by a Federative Bond.

Independence of Switzerland.^ Switzerland, Independent, shall continue to govern herself.

Sovereign States of Italy. \

Italy, be}rond the limits of the countries which are to revert to Austria, shall be composed of Sovereign States.

Sovereignty of Malta.

Art. VII. The Island of Malta and its Dependencies shall belong in full right and Sovereignty to His Britannic Majesty.

Restoration by Great Britain of French Colonies, Fisheries, Fac- tories, and Establishments. Cession of Tobago, St. Lucia, Isle of France (Mauritius), Rodrigues and Les Sechelles to Great Britain; and of part of St. Domingo to Spain.

Art. VIII. His Britannic Majesty, stipulating for himself and his Allies, engages to restore to His Most Christian Majesty, within the term "which shall be hereafter fixed, the Colonies, Fisheries, Factories, and Establishments of every kind which were possessed by France on the 1st of January, 1792, in the Seas and on the Continents of America, Africa, and Asia ; with the exception, however, of the Islands of Tobago and St. Lucia, and of the Isle of France and its Dependencies, especially Rodrigues and Les Sechelles, which several Colonies and Posses- sions His Most Christian Majesty cedes in full right and Sovereignty to His Britannic Majesty, and also the portion of St. Domingo ceded to France by the Treaty of Basle,§ and which His Most Christian Majesty restores in full right and Sovereignty to His Catholic Majesty.

Restoration by Sweden of Guadaloupe to France. Art. IX. His Majesty the King of Sweden and Norway, in

* See Vienna Congress Treaty of 9th June, 1815, Arts. LIII to LXIV and LXVII.

f See Declaration of the 8 Powers of 20th March, 1815 ; Vienna Congi'ess Treaty of 9th June, 1815 ; and Act of the 5 Towers of 20th November, 1815.

* See Vienna Congress Treaty of 9th June, 1815, Art. XCV. § Annulled.

9

30 May, 1814.] GEEAT BRITAIN, &c, AND FRANCE. [No. 1

[1st Peace of Paris.]

virtue of the arrangements stipulated with the Allies,* and in execution of the preceding Article, consents that the Island of Guadaloupe be restored to His Most Christian Majesty, and gives up all the rights he may have acquired over that Island.

Restoration by Portugal of French Guiana to France.^

Art. X. Her Most Faithful Majesty, in virtue of the arrange mcnts stipulated with her Allies, and in execution of the Vllltli Article, engages to restore French Guiana as it existed on the 1st of January, 1792, to His Most Christian Majesty, within the term hereafter fixed.

Mediation of Great Britain; Boundaries of French Guiana.

The renewal of the dispute which existed at that period on the subject of the Frontier, being the effect of this Stipulation, it is agreed that the dispute shall be terminated by a friendly arrange- ment between the two Courts, under the Mediation of His Britannic Majesty. J

Fortresses, (J-c, in Colonies restored to France.

Art. XI. The Places and Forts in those Colonies and Settle- ments, which, by virtue of the Vlllth, IXth, andXth Articles, are to be restored to His Most Christian Majesty, shall be given up in the state in which they may be at the moment of the signature of the present Treaty.

Commerce, (J-c, of France in British India. Art. XII. His Britannic Majesty guarantees to the subjects of His Most Christian Majesty the same facilities, privileges, and protection, with respect to Commerce, and the security of their Persons and Property within the limits of the British Sovereignty on the Continent of India, as are now, or shall be granted to the most favoured Nations.

French Fortifications and Garrisons in India* His Most Christian Majesty, on his part, having nothing

* See Treaty between Great Britain and Sweden of 13th August, 1814\ Appendix.

+ This Article was annulled by Art. C VT of the Vienna Congress Treaty of 9th June, 1815, when another Article was substituted for it.

X Sec Treaty of 28th August, 1817.

10

No. 1] GREAT BRITAIN, &c, AND FRANCE. [30 May, 1814.

[1st Peace of Paris.]

more at heart than the perpetual duration of Peace between the two Crowns of England and of France, and wishing to do his utmost to avoid anything which might affect their mutual good understanding, engages not to erect any Fortifications in the establishments which are to be restored to him within the limits of the British Sovereignty upon the Continent of India, and only to place in those establishments the number of Troops necessary for the maintenance of the Police.

French right of Fishery at Newfoundland and Gulf of St. Lawrence.

Art. XIII. The French right of Fishery upon the Great Bank of Newfoundland, upon the Coasts of the Island of that name, and of the adjacent Islands in the Gulf of St. Lawrence, shall be replaced upon the footing on which it stood in 1792.

Periods of Restoration of French Colonies, §c.

Art. XIV. Those Colonies, Factories, and Establishments, which are to be restored to His Most Christian Majesty by His Britannic Majesty or his Allies in the Northern Seas, or in the Seas on the Continents of America and Africa, shall be given up within the three months, and those which are beyond the Cape of Good Hope within the six months which follow the Ratification of the present Treaty.

Division of Ships of War, Arsenals, 4%'., between France and the

A Hies.

Art. XV. The High Contracting Parties having, by the IVth Article of the Convention of the 23rd of April last,* reserved to themselves the right of disposing, in the present Definitive Treaty of Peace, of the Arsenals and Ships of War, armed and unarmed, which may be found in the Maritime Places restored by the Hnd Article of the said Convention, it is agreed, that the said Vessels and Ships of War, armed and unarmed, together with the Naval Ordnance and Naval Stores, and all materials for building and equipment, shall be divided between France and the Countries where the said Places are situated, in the proportion of two-thirds for France, and one-third for the Power to whom the said Places shall belong. The Ships and Vessels on the stocks, which shall not be launched within six weeks after the signature of the pre-

# See Appendix. 11

30 May, 1814.] GREAT BRITAIN, &c, AND FRANCE. [No. 1

[1st Peace of Paris.]

sent Treaty, shall be considered as materials, and after being- broken up shall be, as such, divided in the same proportions.

Return of Workmen, Seamen, §-c, to France. Commissioners shall be named on both sides, to settle the division, and draw up a statement of the same, and Passports or Safe Conducts shall be granted by the Allied Powers for the pur- pose of securing the return into France of the Workmen, Seamen, and others in the employment of France.

Dutch Fleet in the Texel excepted.

The Vessels and Arsenals existing in the Maritime Places which were already in the power of the Allies before the 23rd April, and the Vessels and Arsenals which belonged to Holland, and especially the Fleet in the Texel, are not comprised in the above Stipulations.

The French Government engages to withdraw, or to cause to be sold, everything which shall belong to it by the above Stipula- tions, within the space of three months after the division shall have been carried into effect.

Port of Antwerp.* Antwerp shall for the future be solely a Commercial Port.

Persons and Property in Countries restored, and Debts of Private Individuals. Art. XVI. The High Contracting Parties, desirous to bury in entire oblivion the dissensions which have agitated Europe, declare and promise that no Individual, of whatever rank or con- dition he may be, in the Countries restored and ceded by the present Treaty, shall be prosecuted, disturbed, or molested, in his Person or Property, under any pretext whatsoever, either on account of his conduct or political opinions, his attachment either to any of the Contracting Parties, or to any Government which has ceased to exist, or for any other reason, except for Debts con- tracted towards individuals, or acts posterior to the date of the present Treaty. f

Right of Emigration.

Art. XVII. The native Inhabitants and Aliens of whatever

* See also Treaty between the 5 Powers and Netherlands of 19th April, 1839, Art. XIV.

t See Vienna Congress Treaty of 9th June, 1815, Art. CIII.

12

No, 1] GREAT BRITAIN, &c, AND FRANCE. [30 May, 1814.

[1st Peace of Paris.]

Nation and condition they may be, in those Couutries which are to change Sovereigns, as well in virtue of the present Treaty as of the subsequent arrangements to which it may give rise, shall be allowed a period of six years, reckoning from the exchange of the Ratifications, for the purpose of disposing of their property, if they think fit, whether it be acquired before or during the present War, and retiring to whatever Country they may choose.

Renunciation of Government Claims for Contracts, $"c*

Akt. XVIII. The Allied Powers desiring to offer His Most Christian Majesty a new proof of their anxiety to arrest, as far as in them lies, the bad consequences of the disastrous epoch fortunately terminated by the present Peace, renounce all the sums which their Governments claim from France, whether on account of Contracts, Supplies, or any other advances whatsoever to the French Government, during the different Wars which have taken place since 1792.

His Most Christian Majesty, on his part, renounces every claim which he might bring forward against the Allied Powers on the same grounds. In execution of this Article, the High Con- tracting Parties engage reciprocally to deliver up all titles, obligations, and documents, which relate to the Debts they may have mutually cancelled.

Liquidation of Private Claims by France.

Art. XIX. The French Government engages to liquidate and pay all Debts it may be found to owe in Countries beyond its own Territory, on account of Contracts, or other formal engagements between Individuals, or Private Establishments, and the French Authorities, as well for Supplies, as in satisfaction of legal engagements, f

Commissioners of Claims.

Art. XX. The High Contracting Parties, immediately after

the exchange of the Ratifications of the present Treaty, shall

name Commissioners to direct and superintend the execution of

the whole of the Stipulations contained in the XVIIIth and

* See Separate and Secret Articles, p. 18.

f See Definitive Treaty of 20th November, 1815 ; Conventions of 20th November, 1815 ; Convention of 25th April, 1818 ; and Additional Article of 4th July, 1818.

13

30 May, 1814.] GREAT BRITAIN, &c., AND FRANCE. [No. 1

[1st Peace of Paris.]

XlXth Articles.* These Commissioners shall undertake the exami- nation of the Claims referred to in the preceding Article, the liquidation of the Sums claimed, and the consideration of the manner in which the French Government may propose to pay them. They shall also be charged with the delivery of the Titles, Bonds, and the Documents relating to the Debts which the High Contracting Parties mutually cancel, so that the approval of the result of their labours shall complete that reciprocal renunciation.

Debts in Countries no longer belonging to France. Art. XXI. The Debts which in their origin were specially mortgaged upon the Countries no longer belonging to France, or were contracted for the support of their internal administration, shall remain at the charge of the said Countries. Such of those Debts as have been converted into Inscriptions in the Great Book of the Public Debt of France, shall accordingly be accounted for with the French Government after the 22nd of December, 1813.

The Deeds of all those Debts which have been prepared for inscription, and have not yet been entered, shall be delivered to the Governments of the respective Countries. The statement of all these Debts shall be drawn up and settled by a Joint Commis- sion.

Pensions, <£c, of Persons no longer French Subjects.

Art. XXII. The French Government shall remain charged with the reimbursement of all sums paid by the subjects of the said Countries into the French Coffers, whether under the denomi- nation of Surety, Deposit, or Consignment. f

In like manner all French Subjects, employed in the service of the said Countries, who have paid sums under the denomina- tion of Surety, Deposit, or Consignment, into their respective Territories, shall be faithfully reimbursed.

Securities.

Art. XXIII. The Functionaries holding situations requiring Securities, who are not charged with the expenditure of public money, shall be reimbursed at Paris, with the interest by fifths and by the year, dating from the signature of the present Treaty.

* The British Commissioners were : The Hon. Charles Bagot, Mr. Colin A. Mackenzie, and Mr. A. E. Impey.

f See Convention between the 5 Powers of 25th April, 1818, Art. IV.

14

No. 1] GREAT BRITAIN, &c, AND FRANCE. 30 May, 1814.

[1st Peace of Paris.]

With respect to those who are accountable, this reimburse- ment shall commence, at the latest, six mouths after the presenta- tion of their Accounts, except only in cases of malversation. A Copy of the last Account shall be transmitted to the Government of their Countries, to serve for their information and guidance.

Caisse a" Amortissement. Art. XXIV. The Judicial Deposits and Consignments upon the " Caisse (V Amortissement" in the execution of the Law of 28 Nivose, year 18 (18th "January, 1805), and which belong to the Inhabitants of the Countries France ceases to possess, shall, within the space of one year from the exchange of the Ratifica- tions of the present Treaty, be placed in the hands of the Authorities of the said Countries, with the exception of those Deposits and Consignments interesting French subjects, which last will remain in the '' Caisse d' Amortissement ," and will only be given up on the production of the vouchers resulting from the decisions of competent Authorities.

Caisse de Service, Caisse d' Amortissement, fyc.

Art. XXV. The Funds deposited by the Corporations and Public Establishments in the " Caisse de Service" and in the " Caisse d' 'Amortissement" or other " Caisses," of the French Government, shall be reimbursed by fifths, payable from year to year, to commence from the date of the present Treaty ; deduct- ing the advances which have taken place, and subject to such regular charges as may have been brought forward against these Funds by the Creditors of the said Corporations and the said Public Establishments.

Termination of Pensions.

Art. XXVI. From the first day of January, 1814, the French Government shall cease to be charged with the payment of Pensions, Civil, Military, and Ecclesiastical, pensions for retire- ment, and allowances for reduction, to any Individual who shall cease to be a French Subject.

Gudrantee of Purchasers of National Domains.

Art. XXVII. National Domains acquired for valuable con- siderations by French Subjects in the late Departments of Belgium, and of the left bank of the Rhine and the Alps, beyond the

15

GO May, 1814.1 GREAT BRITAIN, &c, AND FRANCE. [No. 1

[1st Peace of Paris.]

aneient limits of Prance, and which now cease to belong to her, shall be guaranteed to the purchasers.

Abolition of Omit* d'Aubaine, de Detraction, olv.. ;" Countries lately Incorporated with France.

Art. XXVIII. The abolition of the " Droits d'Aubaine" " de Detraction" and other duties of the same nature, in theCoun- tries which have been formerly incorporated, or which have reciprocally made that stipulation with France, shall be expressly maintained.

Restitution by France of Foreign Bonds and Deeds.

Art. XXIX. The French Government engages to restore all Bonds, and other Deeds which may have been seized in the Pro- vinces occupied by the French Armies or Administrations ; and in cases where such restitution cannot be effected, these Bonds and Deeds become and continue void.

Sums Due for Public Works in Departments detached from

France.

Art. XXX. The Sums which shall be due for all Works of public utility not yet finished, or finished after the 31st of December, 1812, whether on the Rhine or in the Departments detached from France by the present Treaty, shall be placed to the account of the future Possessors of the Territory, and shall be paid by the Commission charged with the liquidation of the Debts of that Country.

Archives, Maps. cj-c, of ceded Countries.

Art. XXXI. All Archives, Maps, Plaus, and Documents what- ever, belonging to the ceded Countries, or respecting their Administration, shall be faithfully given up at the same time with the said Countries; or if that should be impossible, within a period not exceeding six months after the cession of the ( 'ountries themselves.

This stipulation applies to the Archives, Maps, and Plates, which may have been carried away from the Countries during their temporary occupation by the different Armies.

Plenipotentiaries to meet in General Congress at Vienna.

Art. XXXII. All the Powers engaged on either side in the

16

No. 1]

GREAT BRITAIN AND FRANCE. [1st Peace of Paris.]

[30 May, 1814 '

present War, shall, within the space of two months, send Pleni- potentiaries to Vienna, for the purpose of regulating, in General Congress, the Arrangements which are to complete the provisions of the present Treaty.*

Ratifications.

Art. XXXIII. The present Treaty shall be ratified, and the Ratifications shall be exchanged within the period of 15 days, or sooner if possible.

In witness whereof, the respective Plenipotentiaries have signed and affixed to it the Seals of their Arms.

Done at Paris, the 30th of May, in the year of Our Lord, 1814.

CL.S (L.S. (L.S. (L.S (L.S,

(L.S, (L.S.

(L.S,

(L.S (L.S. (L.S,

(L.S.

(L.S, (L.S.

(L.S. (L.S,

CASTLEREAGH, ]

ABERDEEN, I for Great

CATHCART, f Britain.

CHARLES STEWART, Lieut. -General, J LE PRINCE DE BENEVENT, for France.

LE PRINCE DE METTERNICH, 1 LE COMTE DE STADION, /

COMTE DE FUNCHAL,

BARON DE HARDENBURG, BARON DE HUMBOLDT, COMTE DE RASOTTMOFFSKI, COMTE DE NESSELRODE,

M. DOMINGOS,

ANTONIO DE SOUZA CON

TINHO, COMTE C. DE STEDINGK, BR. G. DE WETTERSTEDT,

for Austria, for Portugal. \ for Prussia.

> for Russia.

for Spain. I for Sweden.

* The Plenipotentiaries met again in Congress at Vienna on the 22nrl September, 1814, and closed their labours on the 19th June, 1815.

17

30 May, 1814.] GREAT BRITAIN AND FRANCE. [No. 1

[1st Peace of Paris.]

Additional, Separate, and Secret Articles to the Treaty of 30th May, 1814.

Separate and Secret Articles. Great Britain {Austria, Prussia, and Russia), and France. Paris, 30th May, 1814.

Separate and Secret Articles. Great Britain, Austria, Prussia,

Russia, and France.

Aet. Table.

1. Balance of Power in Europe.

2. Austrian and Sardinian Territories in Italy. Port of Genoa. Guarantee

of Switzerland.

3. Territory of Holland. Butch Frontiers. Navigation of the Scheldt.

4. Territories of Prussia, Holland, &c.

5. Renunciation by France of Claims for Endowments, Donations, Revenues

of the Legion of Honour, &c.

6. Bank of Hamburgh.

(English version.)

Balance of Power in Europe. Art. I. The disposal of the Territories given up by His Most Christian Majesty, under the Illrd Article of the Public Treaty, and the relations from whence a system of real and permanent Balance of Power in Europe is to be derived, shall be regulated at the Congress upon the principles determined upon by the Allied Powers among themselves, and according to the general pro- visions contained in the following Articles.

Austrian and Sardinian Territories in Italy*

Art. II. The Possessions of His Imperial and Royal Apostolic Majesty in Italy, shall be bounded by the Po, the Tessino, and the Lago Maggiore. The King of Sardinia shall return to the possession of his ancient Dominions, with the exception of that part of Savoy secured to France by the Illrd Article of the present Treaty. His Majesty shall receive an increase of Terri- tory from the State of Genoa.

Port of Genoa. The Port of Genoa shall continue to be a Free Port ; the Powers reserving to themselves the right of making arrangements upon this point with the King of Sardinia.-)-

* See Vienna Congress Treaty of 9th June, 1815, Arts. LXXX, LXXXV, LXXXVI, LXXXVIII, LXXXIX, and CXVIII.

t See Treaty between the 5 Powers and Sardinia of 20th May, 1815, Annex IV.

18

No. 1] GREAT BRITAIN AND FRANCE. [30 May, 1814.

[1st Peace of Paris.]

Guarantee of Switzerland.* France shall acknowledge and guarantee, conjointly with the Allied Powers, and on the same footing, the political organization which Switzerland shall adopt under the auspices of the said Allied Powers, and according to the basis already agreed upon with them.

Territory of Holland.^ Dutch Frontiers.

Art. III. The establishment of a just Balance of Power in Europe requiring that Holland should be so constituted as to be enabled to support her Independence through her own resources, the Countries comprised between the Sea, the Frontiers of France, such as they are defined by the present Treaty, and the Meuse, shall be given up for ever to Holland.

The Frontiers upon the right bank of the Meuse shall be

regulated according to the military convenience of Holland, and

her neighbours.

Navigation of the Scheldt.

The freedom of the Navigation of the Scheldt^ shall be estab- lished upon the same principle which has regulated the Navigation of the Rhine, in the Vth Article of the present Treaty.

Territory of Prussia, Holland, cf-c.

Art. IV. The German Territories upon the left bank of the Rhine, which have been united to France since 1792, shall contri- bute to the aggrandizement of Holland, and shall be further applied to compensate Prussia, and other German States.

Renunciation by France of Claims for Endowments, Donations, Revenues of the Legion of Honour, §c.

Art. V. The Renunciation of the French Government con- tained in the XVIIIth Article § extends especially to all Claims which might be brought forward against the Allied Powers, under the head of Endowments and Donations, Revenues of the Legion of Honour, Senatorships, Pensions, and other charges of the like kind.

* See Declaration of the 8 Powers of 20th March, 1815, and Act of the 5 Powers of 20th November, 1815.

f Altered by the Treaty between the 5 Powers and Belgium of 15th November, 1831 ; and the Treaties of 19th April, 1839.

% See the Regulations of March, 1815, and the Vienna Congress Treaty of

9th June, 1815, Art. CX VII. By the Treaties of 16th July and 3rd August,

1863, the Scheldt Toll was redeemed.

§ P. 12.

19 c 2

30 May, 1814.] GREAT BRITAIN AND FRANCE. [No. 1

[1st Peace of Paris.]

Bank of Hamburgh.

Art. VI. The French Government having offered by the Secret Article of the Convention of the 23rd April [1814],* to make search after, and to make every effort to recover the Funds of the Bank of Hamburgh, engages to set on foot the most severe scrutiny to discover the said Funds, and to pursue those who may be found to have detained them.f

The present Separate and Secret Articles shall have the same force and validity as if they were inserted, word for word, in the Treaty Patent of this day.

They shall be ratified, and the Eatifications shall be exchanged at the same time.

In witness whereof, the respective Plenipotentiaries have sig'ned and affixed to them the Seals of their Arms.

Done at Paris, the 30th day of May, in the year of Our Lord

1814.

(L.S.) CASTLEREAGH.

(L.S.) ABERDEEN.

(L.S.) CATHCART.

(L.S.) CHARLES STEWART, Lieut.-General. (L.S.) LE PRINCE DE BENEVENT.

/

Additional Articles. Great Britain and France. Paris,

30th May, 1814.

Additional Articles. Great Britain and France.

Aet. Table.

1. Abolition of French Slave Trade. Colonial Slave Trade.

„! > Expenses of Prisoners of War.

4. Removal of Sequestrations. Claims of British Subjects.

5. Commercial Relations.

[Ratifications exchanged at London, 17th June, 1814.] (English version.)

A bolition of French Slave Trade. Colonial Slave Trade. Art. I. His Most Christian Majesty, concurring without reserve in the sentiments of His Britannic Majesty, with respect

* See Appendix.

t See Convention between the 4 Powers and France of 20th November, 1815, Art. Ill, ; and Convention between France and Hamburgh of 27th October, 1816.

20

No. 1] OEEAT BEITAIN AND FEANCE. [30 May, 1814.

[1st Peace of Paris.]

to a description of Traffic repugnant to the principles of natural justice and of the enlightened age in which we live, engages to unite all his efforts to those of His Britannic Majesty, at the approaching Congress, to induce all the Powers of Christendom to decree the abolition of the Slave Trade, so that the said Trade shall cease universally,* as it shall cease definitively, under any circumstances, on the part of the French Government, in the course of five years ; and that, during the said period, no Slave Merchant shall import or sell Slaves, except in the Colonies of the State of which he is a subject.

Expenses of Prisoners of War.

Art. II. The British and French Governments shall name, without delay, Commissioners to liquidate the accounts of their respective expenses for the maintenance of Prisoners of War, in order to determine the manner of paying the balance which shall appear in favour of the one or the other of the two Powers.

Art. III. The respective Prisoners of War, before their departure from the place of their detention, shall be obliged to discharge the Private Debts they may have contracted, or shall at least give sufficient security for the amount.

Removal of Sequestrations.

Art. IV. Immediately after the Ratification of the present Treaty of Peace, the Sequesters, which since the year 1792 may have been laid on the Funds, Revenues, Debts, or any other effects of the High Contracting Parties or their Subjects shall be taken off.

Claims of British Subjects, f

The Commissioners mentioned in the Hnd Article shall under- take the examination of the Claims of His Britannic Majesty's Subjects upon the French Government, for the value of the Property, moveable or immoveable, illegally Confiscated by the French Authorities, as also for the total or partial loss of their Debts or other Property, illegally detained under Sequester since the year 1792.

France engages to act towards British Subjects in this respect, in the same spirit of justice which the French Subjects have experienced in Great Britain ; and His Britannic Majesty,

* See Declaration of the 8 Powers of 8th February, 1815. t See Conventions between Great Britain and France of 20th November , 1815, and 25th April, 1818.

21

30 May, 1814.] AUSTRIA AND FRANCE. [No. 1

[1st Peace of Paris.]

desiring' to concur in the new pledge which the Allied Powers have given to His Most Christian Majesty, of their desire to obliterate every trace of that disastrous epoch so happily ter- minated by the present Peace, engages on his part, when com- plete justice shall be rendered to his Subjects, to renounce the whole amount of the balance which shall appear in his favour for support of the Prisoners of War, so that the Ratification of the Report of the above Commissioners and the discharge of the sums due to British Subjects, as well as the restitution of the effects which shall be proved to belong to them, shall complete the

renunciation.

Commercial Relations.

Art. V. The two High Contracting Parties, desiring to establish the most friendly relations between then respective Subjects, reserve to themselves, and promise to come to a mutual understanding and arrangement, as soon as possible, upon their Commercial interests, with the view of encouraging and in- creasing the prosperity of their respective States.

The present Additional Articles shall have the same force and validity as if they were inserted word for word in the Treaty Patent of this day. They shall be ratified, and the Ratifications shall be exchanged at the same time.

In witness whereof, the respective Plenipotentiaries have signed and affixed to them the Seals of their Arms.

Done at Paris, the 30th day of May, in the year of Our Lord,

1814.

(L.S.) CASTLEREAGH.

(L.S.) ABERDEEN.

(L.S.) CATHCART.

(L.S.) CHARLES STEWART, Lieut.-General. (L.S.) LE PRINCE DE BENE VENT.

ADDITIONAL ARTICLE. Austria and France. Paris, oOth May,

1814.

Subject.

Annulment of effect of Treaties of 1805 and 1809, and of Decrees against French Subjects in the service of Austria.

(English version.)

Annulment oj effect of Treaties of 1805 and 1809, and of Decrees

against French Subjects in the service of Austria.

The High Contracting Parties, being desirous to obliterate

22

No. 1] AUSTRIA AND FRANCE. [30 May, 1814 .

[1st Peace of Paris.]

every trace of the unhappy events which have weighed upon their Countries, have agreed explicitly to annul the effects of the Treaties of 1805* and 1809, f in so much as they are not already annulled, in fact, by the present Treaty. In consequence of this determination, His Most Christian Majesty promises that the Decrees issued against French Subjects, or reputed French, being, or having been, in the service of His Imperial and Royal Apostolic Majesty, shall remain without effect, as well as the judgments which may have been given in execution of those Decrees.

The present Additional Article shall have the same force and validity as if it were inserted word for word in the Treaty Patent of this day. It shall be ratified, and the Ratifications shall be exchanged at the same time.

In witness whereof the respective Plenipotentiaries have signed the same, and affixed to it the Seal of their Arms.

Done at Paris, the 30th of May, in the year of our Lord, 1814.

(L.S.) LE PRINCE DE METTERNICH. (L.S.) LE COMTE DE STADION. (L.S.) LE PRINCE DE BENEVENT.

Additional and Secret Articles. Austria and France.

Aet.

1. Payment of Lorraine Rente.

2. Delivery of all Acts relating to German Empire, Belgium, &c.

(Translation.)

Payment of Lorraine Eente.

Art. I. From the date of the signature of the present Treaty, the payment of the revenue (rente) called Lorraine, shall continue the same as up to 1791.

Delivery of all Acts relating to German Empire, Belgium, c/c.

Art. II. The Court of France engages to deliver to the Com- missioners, who shall be appointed for that purpose by the Court of Vienna, all the Acts bearing upon the Ancient Empire of Germany, Belgium, and other provinces which have formed part of the Austrian Monarchy, and which have been taken from the Archives of Vienna.

* Treaty between Austria and France of 26th December, 1805, annulled, t Treaty between Austria and France of 14th October, 1809, annulled.

23

30 May, 1814.] FRANCE AND PORTUGAL. [No. 1

[1st Peace of Paris.]

The present Additional and Secret Articles shall have the same force and validity as if they were inserted word for word in the Treaty of this day. They shall be ratified, and the Ratifi- cations thereof shall be exchanged at the same time.

In witness whereof, the respective Plenipotentiaries have signed and affixed to them the Seals of their Arms.

(L.S.) LE PRINCE DE BENEVENT. (L.S.) LE PRINCE DE METTERNICH. (L.S.) LE COMTE DE STADION.

Additional Secret Articles. France and Portugal. Paris, 30th May, 1814.

Aet. Subject.

1. Restoration of French Guiana.

2. Claims.

3. Annulment of Treaties of Badajoz and Madrid of 1801, and of Convention

of Lisbon of 1804.

(Translation.) Restoration of French Guiana* Art. I. His Ro3Tal Highness the Prince Regent of Portugal and of the Algarves, engages and binds himself that those clauses of the Capitulation of French Guiana which shall not have been executed, shall receive at the time of the restitution of that Colony to France, their full and entire fulfilment.

Claims. Art. II. With reference to the claims which the subjects of one of the Contracting Parties may make on the other, there shall be perfect reciprocity, so that, for every kind of Claim, what has been done by one of the two Governments shall be the rule of the other.

Annulment of Treaties of Badajoz and Madrid of 1801, and of Convention of Lisbon of 1804.

Art. III. Although the Treaties, Conventions, and Acts con- cluded between the two Contracting Powers before the war, are annulled by the fact of the war, the High Contracting Parties have nevertheless considered it advisable again expressly to declare that the said Treaties, Conventions, and Acts, namely, the

* See Convention between France and Portugal of 28th August, 1817.

24

No. 1] FRANCE AND PRUSSIA. [30 May, 1814.

[1st Peace of Paris.]

Treaties signed at Badajoz and at Madrid in 1801,* and the Con- vention signed at Lisbon in 1804, j- are null and void so far as they concern France and Portugal, and that they mutually give up all right, and discharge themselves from every obligation which might arise out of them.

The present Additional Articles shall have the same force and validity as if they were word for word inserted in the Treaty Patent of this day. They shall be ratified, and the Ratifications shall be exchanged at the same time.

In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the Seal of their Arms.

Done at Paris, the 30th May, 1814.

(L.S.) LE PRINCE DE BENEVENT. (L.S.J LE COMTE DE FUNCHAL.

Additional ARTICLE. France and Prussia. Paris, 30th May,

1814.

Subject.

Annulment of Treaties since 1795, and of Decrees against French Subjects m the service of Prussia.

(English version.)

Annulment of Treaties since 1795, and of Decrees against French Subjects in the service of Prussia.

Although the Treaty of Peace concluded at Bale, the 5th April, 1795, that of Tilsit of the 9th July, 1807, the Convention of Paris of 20th September, 1808, as well as all the Conventions and Acts whatsoever concluded since the Peace of Bale between Prussia and France, are already annulled in fact by the present Treaty, the High Contracting Parties have nevertheless considered it advisable again expressly to declare that the said Treaties cease to be binding in all their Articles, as well patent as secret, and that they mutually give up all right, and disengage them- selves from every obligation which might arise out of them.

His Most Christian Majesty promises that the Decrees issued against French Subjects, or reputed French, being or having been

* Treaties between France and Portugal of 6th June, and 29th September, 1801, annulled.

t Convention between France and Portugal of 19th March, 1804, annulled.

25

30 May, 1814.1 FRANCE AND EUSSIA. [No. 1

[1st Peace of Paris.]

in the service of Ilis Prussian Majesty, shall remain without effect, as well as the judgments which may have been given in execution of those Decrees.

The present Additional Article shall have the same force and validity as if it were inserted word for word in the Treaty Patent of this day. It shall be ratified, and the Ratifications shall be exchanged at the same time.

In witness whereof the respective Plenipotentiaries have signed the same, and affixed to it the Seal of their Arms.

Done at Paris, the 30th of May, in the year of Our Lord, 1814.

(L.S.) CHARLES AUGUSTE BARON DE HARDENBERG. (L.S.) CHARLES GUILLAUME BARON DE HUMBOLDT. (L.S.) LE PRINCE DE BENEVENT.

ADDITIONAL ARTICLE. France and Russia. Pans, 30th May,

1814.

Subject. Pecuniary Claims in the Duchy of Warsaw.

(English version.) Pecuniary Claims in the Duchy of Warsaw.

The Duchy of Warsaw being under the administration of a Provisional Council, established by Russia, ever since that Country has been occupied by her arms, the two High Contracting Parties have agreed immediately to appoint a Special Commission, com- posed, on both sides, of an equal number of Commissioners, which shall be charged with the examination, liquidation, and all arrange- ments relative to their reciprocal pretensions.

The present Additional Article shall have the same force and validity as if it were inserted word for word in the Treaty Patent of this day. It shall be ratified, and the Ratifications shall be exchanged at the same time.

In witness whereof the respective Plenipotentiaries have signed the same, and affixed to it the Seal of their Arms.

Done at Paris, the 30th of May, in the year of Our Lord, 1814.

(L.S.) ANDRE COMTE DE RASOUMOFFSKY.

(L.S.) CHARLES ROBERT COMTE DE NESSELRODE.

(L.S.) LE PRINCE DE BENEVENT.

26

No. 1] FRANCE AND SWEDEN. [30 May, 1814.

[1st Peace of Paris.]

[For Convention and Additional Articles between France and, Spain. Signed at Paris, 20th July, 1814. See No. 3.]

Additional and Secret Article. France and Sioeden. Paris, '60th May, 1814.

Subject. Union of Norway to Sweden.

(Translation.)

Union of Norway to Sweden.

His Most Christian Majesty recognises the Union of the Kingdom of Norway to the Kingdom of Sweden by virtue of its cession to His Swedish Majesty by the Treaty of Kiel.

The present Additional Article shall have the same force and validity as if it were inserted word for word in the Treaty Patent of this day. It shall be ratified, and the Ratifications shall be exchanged at the same time.

In witness whereof the respective Plenipotentiaries have signed the same and have affixed to it the Seal of their Arms.

Done at Paris, the 30th May, in the year of Our Lord, 1814.

(L.S.J LE PRINCE DE BENEVENT.

(L.S.) C. STEDINGK.

(L.S.) G. BARON DE WETTARSTEDT.

[The Additional Article for the abrogation of the Treaties from 1805 to 1809, as well as the Separate and Secret Articles, are the same as those at pages 18 and 22.]

Extracts from Treaty between Great Britain and Denmark. Signed at Kiel, l&th January, 1814.

(Translation.)

Aet. III. His Majesty the King of the United Kingdom of Great Britain and Ireland consents to restore to His Danish Majesty all the Possessions and Colonies which have been conquered by the British Arms in this present War, except the Island of Heligoland, which His Britannic Majesty reserves to himself with full and unlimited Sovereignty.

Art. X. Whereas His Danish Majesty, in virtue of the Treaty of Peace this day concluded with His Majesty the King of Sweden,

27

30 May, 1814.] FRANCE AND SWEDEN. [No. 1

[1st Peace of Paris.]

has ceded the Kingdom of Norway to His said Majesty for a cer- tain indemnity provided by Sweden, His Britannic Majesty, who has thus seen his engagements contracted with Sweden in this respect fulfilled, promises, in concert with the King of Sweden, to employ his good offices with the Allied Powers, at the General Peace, to obtain for Denmark a proper indemnity for the cession of Norway.

Extract from Treaty between Sweden and Denmark. Signed at Kiel, \4dh January, 1814.

(Translation.)

Art. IV. His Majesty the King of Denmark, as well for him- self as for his successors to the Throne and to the Kingdom of Denmark, renounces irrevocably and in perpetuity, in favour of His Majesty the King of Sweden and to his Successors to the Throne and Kingdom of Sweden, to all his rights and titles over the Kingdom of Norway, namely : the Bishoprics and Bailiwicks (steft) hereinafter specified, those of Christiansuud, Bergenhaus, Aggershuus, and Trondheim, with Nordland and Fimnarken, as far as the Frontiers of the Empire of Russia.

For Correspondence between Great Britain and Norway ; between Sweden and Norway ; and between Great Britain, Austria, Prussia, Russia, and Denmark, respecting the opposition of Norway to the above arrangements, in June and July, 1814, see " State Papers," vol. i, pp. 1015, 1020, 1295.

28

MAT.

PRANCE

in

1814

G I U

® BRUSSELS

3° E. Gr.

IN TWO PLATES PL. ATI, 1

Scale of English Miles.

Tin Hue line u the boundary of lldl. The reel/line shews Die moaifhcaiwns

effected by the Treaty of 18iU . I I

The brown paieliis m-r tjn"hisvhitr,l

Territories <1V "the possession ef r wlach is assured to Frcaire L

■kan/brd-i . (eifTii-tuJb',5!:: Charvuf Cress

MAE

FRANCE

in

1814

MAE

PRAJNCE

in 1814

MAE

FRANCE in

1814

No. 2] AUSTRIA AND BAVARIA. [3 June, 1814.

[Tyrol, Vorarlberg1, Mayence.]

NO. 2. — CONVENTION between Austria and Bavaria. — Signed at Paris, 3rd June, 1814.

Art. Table.

Preamble. Territorial Arrangements.

1. Tyrol, Vorarlberg, Salzburg, &c. Guarantee of Bavarian Territory.

2. Tyrol, Vorarlberg Wurtzburg, Aschaffenbourg .

3. Territories on left bank of the Rhine. Garrison Fortress of Mayence.

4. Cession of Redevitz, in Bayreuth.

5. Removal of Salt Contract. Saltzburg.

6. Town of Mayence. Palatinate of the Rhine, &c.

7- Mortgage Debts on ceded Territories, Pensions, &c.

8. Mortgage Debts on respective States.

9. Privileges of Private Individuals, &c. Right to Emigrate.

10. Right to Dispose of Salt Magazines, Mineral Produce, &c.

11. Removal of Artillery and Ammunition.

12. Native Officers and Soldiers in Service of the other Power.

13. Guarantee to be obtained from England, Prussia, and Russia of Bavarian

retrocessions.

14. Treaty to be kept Secret.

(Translation.*)

His Majesty the King of Bavaria, and His Imperial, Royal, and Apostolic Majesty, wishing at the time of the Pacification of France to define more precisely the stipulations of the Treaty of Piied,f have determined to come, without delay, to an under- standing on the arrangements to be made for the execution of the said Treaty.

His Majesty the King of Bavaria, on the one part, and His Imperial, Royal, and Apostolic Majesty, on the other part, have accordingly named Plenipotentiaries, that is to say : —

His Majesty the King of Bavaria, Charles Philippe, Count de Wrede, his Field-Marshal, Grand Cross of his Orders, as well as of those of Austria, Russia, Prussia, &c.

And His Imperial, Royal, and Apostolic Majesty, Clement Lothaire Wenceslas, Prince of Metternich, Winneburg Ochsen- hausen, his Minister of State, of Conferences, and of Foreign Affairs, &c.

Who, after having exchanged their credentials, have agreed on the following Articles: —

* For French Version see " State Papers," vol. i, p. 177. f Treaty between Austria and Bavaria of 8th October, 1813. See Appendix.

29

3 June, 1814.] AUSTRIA AND BAVARIA. [No. 2

[Tyrol, Vorarlberg-, Mayence.]

Tyrol, Vorarlberg, Salzburg, fyc, to be ceded to Austria. Guarantee

of Bavarian Territory.

Art. I. His Majesty the King of Bavaria, and His Imperial, Royal, and Apostolic Majesty, wishing to anticipate every mis- understanding which might arise out of a false interpretation of the Secret Articles of the Treaty of Ried,* and to strengthen the relations of friendship and of good understanding existing between them, have agreed to give to Articles II, III, and IV of the said Treaty, the following meaning, that is to say : —

His Majesty the King of Bavaria engages to cede to His Imperial, Royal, and Apostolic Majesty, the Tyrol, the Vorarl- berg, the Principality of Salzburg, in the same manner as it had been possessed by the last Austrian Prince, with the exception of the Bailiwick of Laufen, and the villages situated on the left bank of the Saal, the Innviertel, and the Circle of Hausruck, save and except the modifications which are mentioned in Articles II and IV of the present Convention ; and, on the other hand, His Imperial, Royal, and Apostolic Majesty guarantees to make over to His Majesty the King of Bavaria the most ample equiva- lents for the said territories, and even more, so far as it may be in his power, and that circumstances shall admit of.

Possession of the Tyrol and Vorarlberg by Austria ; and of Wurtzburg and Ascliaffenbourg by Bavaria.

Art. II. The High Contracting Parties, wishing to accelerate as far as in them lies the time at which the execution of Article IV shall take effect, have agreed that His Imperial, Royal, and Apostolic Majesty shall take possession of the Tyrolf as it was when united to the Crown of Bavaria (with the ex- ception of the Bailiwick of Vils, which is reserved for special arrangement), as well as of the Vorarlberg, f with the exception of the Bailiwick of Weiler, within 15 days after the exchange of the Ratifications of the present Convention ; and that His Majesty the King of Bavaria shall, at the same time, be put in possession of the Grand Duchy of Wurtzburg, \ and of the Principality of Ascliaffenbourg, :j: just as they have been held by their late Sovereigns. The other retrocessions on the part of Bavaria, in exchange for equivalents, not mentioned in this

* Treaty between Austria and Bavaria of 8th October, 1813. See Appendix.

t See Yienna Congress Treaty of 9th June, 1815, Art. XCIII. X >'ee Vienna Congress Treaty of 9th June, 1815, Art. XLIV,

30

No. 2] AUSTEIA AND BAVARIA. [3 June, 1814.

[Tyrol, Vorarlberg-, Mayence.]

Article, shall take place after the definitive arrangements, or sooner if possible.

Occupation of Territories on Left BanJc of the Rhine by Austrian

and Bavarian Troops. Art. III. The territories situated on the left bank of the Rhine, between the new frontiers of France and the right bank of the Moselle, shall be occupied until the definitive arrange- ments are made in Germany by the Bavarian and xlustrian troops, under the separate command of their respective Generals. A mixed Commission shall be appointed to regulate all that has reference to the administration of the said territories, and their revenues shall be collected on account of the two Governments, and divided into equal parts. An understanding shall be come to as to the number of troops which, on either side, shall occupy the said territories.

Garrison of Fortresses of Mayence (Mentz)*

The Town and Fortress of Mayence shall be occupied by the Austrian and Prussian troops, in accordance with the arrange- ments made by the High Powers.

Cession of Redcvitz, in Bayreuth.

Art. IV. His Imperial, Royal, and Apostolic Majesty engages to cede to His Majesty the King of Bavaria, at the general peace, the Bailiwick of Redevitz, enclosed within the Principality of Bayreuth.f

Renewal of Salt Contract. Saltzburg.

Art. V. His Imperial, Royal, and Apostolic Majesty, takiug into consideration the difficulties experienced by Bavaria in the provision of Salt, engages to renew the Salt contract formerly existing between Bavaria and Saltzburg, to the amount of 200,000 quintals.

Town of Mayence (Mentz), Palatinate of the Rhine, §c. Art. VI. His Imperial, Royal, and Apostolic Majesty afore- said, wishing to give to His Majesty the King of Bavaria proofs

* This Fortress was declared to be a Fortress of the Germanic Confede- I'ation, by the Treaties between Austria, Prussia, and Hesse-Darmstadt, and between Great Britain and Hesse-Darmstadt, of 30th June. 1816.

f See Protocol between Great Britain, &c, and France of 3rd November, 1815, and Treaty between Austria and Bavaria of 14th April, 1816.

31

3 June, 1814.] AUSTRIA AND BAVARIA. [No. 2

[Tyrol, Vorarlbergr, Mayence.]

of the interest which he takes in seeing his power established on solid foundations, promises to use his best offices : —

1. To cause the Town and Place of Mayence to fall to the lot of Bavaria,* and to cause the greatest possible extent of territory on the left bank of the Rhine to be given to His Bavarian Majesty.

2. To cause the ancient Palatinate of the Rhine to fall to the share of Bavaria, His Majesty the King of Bavaria engaging on his part to facilitate frontier arrangements, which shall be found to be of mutual convenience between him and to his neighbours.f

3. To facilitate the arrangements for cession, exchange, and other transactions which His Bavarian Majesty might wish to make with neighbouring States, namely, with the King of Wurtemburg, the Grand-Dukes of Baden and of Darmstadt, and the Princes of Nassau, for establishing more direct communications between his States.

The stipulations of the present Article apply to the small Prin- cipalities which are situated on the lines of communication between the Bavarian States, on the supposition that by virtue of the definite arrangements of Germany, they were mediatised.

Mortgage Debts on Ceded Territories. Pensions, §-c.

Art. VII. The High Contracting Parties undertake to dis- charge the Mortgage Debts on the Territories ceded or exchanged on either side. They also undertake to pay all Pensions, retiring pensions, and Salaries belonging to the administration of the said

territories.

Mortgage Debts on respective States.

Art. VIII. The High Contracting Parties undertake to re- move, as far as in them lies, all obstacles which have arisen since the war of 1805, on the subject of Mortgages placed on their respective States.

Property of Private Individuals, fyc. Right to Emigrate.

Art. IX. Private Individuals, as well as public Establishments and Foundations shall continue freely to enjoy their Properties, whether they be situated under the one or other Sovereignty. Families wishing to emigrate shall be allowed 6 years to sell

* By the Treaty between Austria, Prussia, and Hesse-Darmstadt, of 30th June, 1816, Mayence, with the exception of the Fortress, was given to Hesse- Darmstadt.

f See Treaty between Austria and Bavai'ia of 14th April, 1816.

32

No. 2] AUSTRIA AND BAVARIA. [3 June, 1814.

[Tyrol, Vorarlbergr, Mayence.]

their goods, and to export their value, without any deduction whatever.

Right to dispose of Salt Works, Mineral Produce, §c.

Art. X. The High Contracting Parties agree to a term of 3 months, dating from the signature of the present Convention, to enable them to sell the Salt Works, Mineral Produce, and all other factories whatever, to the State taking possession, or to export them free of all duty and drawbacks whatever.

Removal of Artillery and Ammunition.

Art. XI. The same term of 3 months is agreed upon by the High Contracting Parties, for the removal of all articles of Artil- lery (Artillerie de place) and ammunition.

Native Officers and Soldiers in the Service of the other Powers.

Art. XII. Within the term of one year from the date of the signature of the present Convention, military men born within the territories exchanged or ceded shall be placed at the disposal of their respective Sovereigns. It is, however, agreed that the Officers and Soldiers who may wish of their free will to remain in the service of either Power may do so, without being interfered with in any way. All arrangements contrary to the present Article, which may have been entered into since 1809, are annulled.

Guarantee to he obtained from England, Prussia, and Russia, of

Bavarian retrocessions.

Art. XIII. His Imperial, Royal, and Apostolic .Majesty promises His Majesty the King of Bavaria, to obtain for him from the Courts of Russia, England, and Prussia, the guarantee of his dominions, and of the Territories which have devolved to him by virtue of the present Convention, or which shall devolve upon him by virtue of the definitive arrangements.

Treaty to be Icept Secret.

Art. XIV and Last. The present Convention, bearing only on arrangements of mutual convenience between the High Con- tracting Parties, shall not be communicated to any of the allied Courts, and shall remain secret between them. It shall be rati- fied within 15 days, or sooner if possible.

33 d

3 June, 1814.] AUSTRIA AND BAVARIA. [No. 2

[Tyrol, Vorarlberg', Mayence.]

In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the Seal of their Arms. Signed at Paris, 3rd June, 1814.

(L.S.) LE FELD MARECHAL COMTE

DE WREDE. (L.S.) LE PRINCE DE METTERNICH.

ADDITIONAL ARTICLES. Austria and Bavaria. Paris,

3rd June, 1814.

(Translation.)

Occupation of Fortress of Kufstein.

Art. I, The Fortress of Kufstein, not including the Town of

the same name, shall continue to be occupied by Bavarian troops,

until the definitive arrangements between the two Powers.

Payments for Army Supplies. Akt. II. His Imperial, Royal, and Apostolic Majesty promises His Majesty the King of Bavaria, to cause all articles furnished to the Austrian troops during their passage through the Bavarian States to be paid.

Indemnity for Arrears of Direct Taxes. Art. III. His Imperial, Royal, and Apostolic Majesty will indemnify the Bavarian Government for the arrears which would be due to them, on the direct taxes of the French departments which had been placed under their administration during the war, in the same proportion as he may be indemnified by the French Government.

Additional Articles to have same force and validity as the

Convention.

The present Additional Articles shall have the same force and validity as if they were inserted, word for word, in the Conven- tion of this day. They shall be ratified, and the Ratifications thereof shall be exchanged at the same time.

In witness whereof the respective Plenipotentiaries have signed ihe same, and have affixed thereto the seal of their Arms.

Done at Paris, the 3rd of June, 1814.

(L.S.) LE COMTE DE WREDE.

(L.S.) LE PRINCE DE METTERNICH.

n 4

O-iz

No. 3] FRANCE AND SPAIN. [20 July, 1814.

[1st Peace of Paris.]

No. 3. — TREATY of Peace between France and Spain. Signed at Paris, 20th July, 1814.

Art. Table.

1)

to Y See Treaty of 30th May, 1814.

32.)

33. Ratifications.

Additional Articles.

1. Restoration of Property.

2. A Commercial Treaty to be concluded.

(Translation.*) In the Name of the Most Holy and Undivided Trinity.

His Majesty the King- of Spain and the Indies, and his Allies, on the one part, and His Majesty the King of France and of Navarre, on the other part, animated by an equal desire to terminate the long agitations of Europe, and the sufferings of mankind, by a permanent Peace, founded upon a just repartition of Force between its States, and containing in its stipulations the pledge of its durability ; and His Majesty the King of Spain and the Indies, together with his Allies, being unwilling to require of France, now that, replaced under the paternal Government of her Kings, she offers the assurance of security and stability to Europe, the conditions and guarantees which they had with regret demanded from her former Government, their said Majesties have named, to discuss, settle and sign a Treaty of Peace and Amity, namely : —

His Majesty the King of Spain, Don Pedro Gomez Labrador, his Councillor of State, &c.

And His Majesty the King of France, Charles Maurice Talley- rand Perigord, Prince de Benevent, his Minister and Secretary of State for Foreign Affairs, &c.

Who, after having exchanged their full powers, found to be in good and due form, have agreed upon the following Articles : —

[The Articles of this Treaty are the same as those of the General Treaty of Paris of 30th May, 1814, No. 1.]

Ratifications.

XXXIII. The present Treaty shall be ratified, and the Ratifi- cations thereof shall be exchanged within the period of 20 days, or sooner if possible.

* For French version, see " State Papers," vol. i, p. 1099.

35 d 2

20 July, 1814.] FRANCE AND SPAIN. [No. 3

[1st Peace of Paris.]

In witness whereof the respective Plenipotentiaries have signed and affixed to it the Seals of their Arms. Done at Paris, the 20th July, 1814.

(L.S.) PEDRO GOMEZ LABRADOR. (L.S.) LE PRINCE DE BENEVENT.

Additional Articles. France and Spain. Paris, 20th

July, 1814.

Restoration of Property Sequestered.

Art. I. Properties of whatever nature possessed by Spaniards in France, or by Frenchmen in Spain, shall be respectively re- stored to them in the same state as that in which they were at the time of their Sequestration or Confiscation. The removal of Sequestration shall extend to all Properties of that nature, what- ever may be the time of the Sequestration. Disputes respecting coins in actual circulation, or which may arise hereafter between France and Spain, whether they shall have arisen before the War or at a later date, shall be settled by a mixed Commission ; and if such Disputes are within the jurisdiction of courts of justice, the respective tribunals shall be called upon, on either side, to ad- minister a prompt and impartial justice.

A Commercial Treaty to be concluded.

Art. II. A Treaty of Commerce shall be concluded between the two Powers as soon as possible, and until such Treaty can be put into execution, the commercial relations between the two kingdoms shall be re-established on the same footing as they existed in 1792.

The present Additional Articles shall have the same force and validity as if they were inserted, word for word, in the Treaty of this day. They shall be ratified, and the Ratifications thereof shall be exchanged at the same time.

In witness whereof, the respective Plenipotentiaries have signed the same, and have affixed thereto the Seal of their Arms.

Done at Paris, the 20th July, 1814.

(L.S.) PEDRO-GOMEZ LABRADOR. (L S.) LE PRINCE DE BENEVENT.

36

No. 4] GEEAT BEITAIN, &c., AND NETHEELANDS. [21 July, 1814 "

[Belgic Provinces.]

No. 4. — A CT of Acceptance of the Sovereignty of the Belgic Provinces, in the name of the King of the Netherlands. Signed at The Hague, 21st July, 1814.*

[This Act was annexed to the Treaty between Great Britain, Austria, Prussia, and Russia, and the Netherlands of 31st May, 1815, No. 22 ; and which Treaty formed Annex X to the Vien Congress Treaty of 9th June, 1815, No. 27.]

Akt. Table.

Preamble. Union of Holland and Belgium.

1. Constitution of Holland to Govern both States.

2. Religious Equality.

3. Eepresentation of Belgic Provinces at Assembly of States General.

4. Equality of Inhabitants of the Netherlands.

5. Commerce and Navigation in Dutch Colonies.

6. Debts to be paid by the Netherlands.

1 . Expenses of Frontier Fortresses to be paid by the Netherlands. 8. Eepair of Dykes.

(English Version.f )

His Excellency the Earl of Clancarty, Ambassador Extraordinary and Minister Plenipotentiary from His Britannic Majesty to His Eoyal Highness the Prince Sovereign of the Netherlands, having delivered to the Undersigned a copy of the Protocol of a Con- ference which took place in the month of June last, between the Ministers, of the High Allied Powers, and signed by them, on the subject of the Union of Belgium with Holland^ ; and the said Ambassador having also communicated to him the instructions he had received from his Court, to enter into an arrangement with General Baron Vincent, Governor General of Belgium, for delivering up the Provisional Government of the Belgic Provinces to the person whom His Royal Highness shall entrust with it, in the name of the Allied Powers, until the time of their definitive and formal Union ; provided that the said Ambassador, previously, and in conjunction with the Ministers, or other Diplomatic Agents of Austria, Russia and Prussia, now at the Hague, should receive from His Royal Highness his formal Accession to the conditions of the Union of the Two Countries, according to the invitation made to the Prince Sovereign, in the said Protocol ; the under-

* This Union between Holland and Belgium was dissolved by the Treaty between the 5 Powers and Belgium of the 15th November, 1831, and the Treaties of 19th April, 1839.

t For French version, see " State Papers," vol. ii, p, 141.

% See page 40.

37

21 July, 1814.] GREAT BRITAIN, &c, AND NETHERLANDS. [No. 4

[Belgric Provinces.]

signed has laid before His Royal Highness the copy of the Pro- tocol, and the Official Note of the said Ambassador, which con- tained the substance of his Instructions on this subject.

His Royal Highness the Prince Sovereign declares, that the Conditions of the Union, contained in the Protocol, are conformable to the following 8 Articles :

Constitution of Holland to govern both States.

Art. I. This Union shall be intimate and complete, so that the Two Countries shall form but One and the same State ; governed by the Constitution already established in Holland, which shall be modified by common consent, according to existing circum- stances.

Religious Equality.

Art. II. No innovation shall be made in the Articles of this Constitution, which assure equal protection and favour to every sect, and guarantee the admission of all citizens, whatever their religious belief may be, to public employments and offices.

Representation of Belgic Provinces at Assembly of States General.

Art. III. The Belgic Provinces shall be properly represented at the Assembly of the States General, of which the Ordinary Sessions shall be held, in time of Peace, in a city in Holland and in a city of Belgium, alternately.

Equality of Inhabitants of the Netherlands. Art. IV. Every inhabitant of the Netherlands being thus placed by the Constitution upon the same footing, the different provinces shall equally enjoy all such commercial and other advantages as are consistent with their respective situations ; and no kind of impediment or restriction shall be imposed on either, to the advantage of the other.

Commerce and Navigation in Dutch Colonies.

Art. V. Immediately after the Union, the Provinces and Towns of Belgium shall participate in the Commerce and Navigation of the Colonies, upon the same footing as the Provinces and Towns of Holland.

Debts to be paid by the Netherlands.

Art. VI. As the expenses as well as the profits are to be jointly shared, the Debts contracted, up to the period of the Union

38

No. 4] GREAT BRITAIN-, &c., AND NETHERLANDS. [21 July, 1814.

[Belgic Provinces.]

of the Dutch provinces, on the one side, and the Belgic provinces: on the other, sha the Netherlands.

on the other, shall be at the charge of the Treasurer-General of

Expenses of Frontier Fortresses to be paid by the Netherlands.

Art. VII. Upon the same principles, the expenses necessary for the establishment and preservation of the Frontier Fortresses of the new State, shall be defrayed by the Treasurer-General, as resulting from an object connected with the safety and independ- ence of all the provinces and of the whole Nation.

Repair of Dykes.

Art. VIII. The expenses of establishing and repairing Dykes, shall be defrayed by the districts more immediately interested in this part of the public convenience ; the State in general, how- ever, shall not be exempted from contributing towards the same, in case of extraordinary disaster, as it has hitherto been the custom in Holland.

And His Royal Highness having accepted these 8 Articles, as the Bases and Conditions of the Union of Belgium with Holland, under the Sovereignty of His Royal Highness ;

The Undersigned, Anne William Charles Baron de Nagell, Chamberlain to His Royal Highness the Prince Sovereign of the Netherlands, and his Secretary of State for Foreign Affairs, is charged and authorised, in the name and on the part of His august Master, to accept the Sovereignty of the Belgic Pro- vinces, upon the conditions contained in the 8 preceding Articles, and to guarantee, by the present Act, their acceptance and execution.

In faith of which the Undersigned, Anne William Charles- Baron de Nagell, Chamberlain to His Royal Highness the Prince Sovereign of the United Netherlands, and his Secretary of State for Foreign Affairs, has confirmed the present Act by his signature, and has caused to be affixed thereunto the Seal of his Arms.

Done at the Hague, the 21st of July, 1814.

(L.S.) A. W. C. de NAGELL,

30

21 July, 1814.] GREAT BRITAIN, AUSTRIA, &c. [No. 4

[Belgium and Holland.]

PROTOCOL of Conference betioeen Great Britain, Austria, Russia, and Prussia. Vienna, lith June, 1814.

[Protocol referred to in Preamble of preceding Act.]

Table. Preamble.

Union of Belgium to Holland. Equilibrium of Europe. Rigbtof Conquest. Interests of Holland and Belgium. Provisional Government.

Prince of Orange to Sanction Provisional Government.

Separate Arrangements to be entered into with the Allies under Mediation of England.

(Translation.)

The measures to be taken to effect the Union of Belgium to Holland, and those relative to the delivery of the Provisional Government to the Prince of Orange, are the subjects for dis- cussion.

The principles from which the Powers start, relative to the union of Belgium and Holland, are the following : —

Union of Belgium to Holland. Equilibrium of Europe. Right

of Conquest.

1. That Union was decided by virtue of the political principles adopted by them for the establishment of a state of equilibrium in Europe ; they put those principles into execution by virtue of their right of conquest of Belgium.

Interests of Holland and Belgium.

2. Animated by a spirit of liberality, and wishing to insure the repose of Europe by the reciprocal well being of the parties composing it, the Powers wish to consult the particular interests both of Holland and Belgium, in order to effect the most perfect amalgamation between the two Countries.

Provisional Government.

3. The Powers think they have found the means of attaining that end by adopting as a basis of the Union the points put for- ward by Lord Clancarty, and agreed to by the Sovereign Prince of Hull and.

Prime of Orange to sanction Provisional Government. The Powers shall in consequence invite the Prince of Orange to give his formal sanction to the conditions of the Union of the

40

No. 4] GREAT BRITAIN, AUSTRIA, &c. [21 July, 1814.

[Belgium and Holland.]

two Countries. He shall afterwards appoint a person charged with the Provisional Government of Belgium. The Governor -General shall enter into the functions of the actual Austrian Governor, and he shall administer that country in the name of the Allied Powers, until the definitive and formal Union, which can only take place at the time of the general arrangements of Europe.

Separate Arrangements to be entered into with the Allies under

Mediation of England.

The Prince of Orange shall nevertheless be invited to act under the most liberal principles, and in a spirit of conciliation, in order to prepare and effect the amalgamation of the two Countries on the basis adopted by the Powers. The demands of the Powers on Holland and Belgium shall be the object of a separate trans- action with the Prince of Orange, to whom England will extend her mediation. The negotiation relative to this object shall also take place at Vienna.

Vienna, 14th Jane, 1814.

NESSELRODE. METTERNICH.

HARDENBERG. CASTLEREAGH.

41

3 Aug., 1814.] GKEAT BRITAIN AND NETHERLANDS. [No. 5

[Dutch Colonies.]

No. 5.— CONVENTION between Great Britain and the Netherlands. — Signed at London, 13th August, 1814.

Aet. Table.

Preamble. House of Orange. Arrangements respecting Dutch Colonies conquered during the war.

1. Colonies restored to the Netherlands; the Cape of Good Hope, Demerara,

Essequibo, and JBerhice excepted.

2. Cession of Island of JBanca by Great Britain to the Netherlands in exchange

for Cochin.

3. Surrender of Places and Forts.

4. Commerce, &c, of the Dutch within British Dominions in India placed

on footing of the most favoured nation. No Fortifications to be erected by the Dutch. Number of Troops to be limited in Colonics restored.

5. Periods of Cession.

6. Security of Persons and Property in Countries ceded and restored.

7. Right of Emigration.

8. Abolition of the Slave Trade.

9. Ratifications.

Additional Articles.

1. § 1. Compensation to Sweden for Guadalonpe.

§ 2. Expenses of Defence of the Low Countries.

§ 3. Union with Holland. Cession to Great Britain of the Cape of Good Hope, Demerara, JEssequibo, and JBerbice. Dutch proprietors in JBerhice. Resort of Dutch ships to the Cape.

2. Cession to Great Britain of District of JBernagore, near Calcutta.

3. Validity of Additional Articles. To be ratified with Treaty.

Preamble. House of Orange. Arrangement respecting Dutch

Colonies during the war.

(English version.*)

In the name of the Most Holy and Undivided Trinity.

The United Provinces of the Netherlands, under the favour of

Divine Providence, having' been restored to their^Independence,

and having been placed by the loyalty of the Dutch people and

the achievements of the Allied Powers, under the Government of

the Illustrious House of Orange ;f and His Britannic Majesty

being desirous of entering into such arrangements with the Prince

Sovereign of the. United Netherlands, concerning the Colonies of

the said United Netherlands, which have been conquered by His

Majesty's arms during the late war, as may conduce to the

prosperity of the said State, and may afford a lasting testimony

of His Majesty's friendship and attachment to the family of

Orange and to the Dutch nation ; the said High Contracting

* For French Version, see " State Papers," vol. ii, p. 370. t See Treaty of 30th May, 1814, Art. VI.

42

No. 5] GKEAT BEITAIN AND NETHEELANDS. [13 Aug., 1814.

[Dutch. Colonies.]

Parties, equally animated by those sentiments of cordial goodwill and attachment to each other, have nominated for their Plenipo- tentiaries, namely :

His Majesty the King of the United Kingdom of Great Britain and Ireland, the Right Honourable Robert Stewart, Viscount Castlereagh, one of His said Majesty's Most Honourable Privy Council, a Member of Parliament, Colonel of the Londonderry Regiment of Militia, Knight of the most noble Order of the Garter, and his Principal Secretary of State for Foreign Affairs, &c. ;

And His Royal Highness the Prince of Orange-Nassau, Prince Sovereign of the United Netherlands, his Excellency Henry Fagel, his Ambassador Extraordinary and Plenipotentiary at the Court of His Britannic Majesty ;

Who, after having exchanged their Full Powers, found in good and clue form, have agreed to the following Articles : —

Colonies restored to the Netherlands ; — the Cape of Good Hope, Demerara, Essequibo, and Berbice excepted. Akt. I. His Britannic Majesty engages to restore to the Prince Sovereign of the United Netherlands, within the term which shall be hereafter fixed, the Colonies, Factories, and Establishments, which were possessed by Holland at the commencement of the late War, viz., on the 1st of January, 1803, in the Seas and on the continents of America, Africa, and Asia, with the exception of the Cape of Good Hope and the Settlements of Demerara, Essequibo, and Berbice, of which possessions the High Contracting Parties reserve to themselves the right to dispose by a Supplementary Convention,* hereafter to be negotiated according to their mutual interests ; and especially with reference to the provisions con- tained in Articles VI and IX of the Treaty of Peace signed between His Britannic Majesty and His Most Christian Majesty, on the 30th of May, 1814 (No. 1).

Cession of Banca by Great Britain to the Netherlands, in exchange,

for Cochin.

Art. II. His Britannic Majesty agrees to cede in full Sove- reignty the Island of Banca, in the Eastern Seas, to the Prince Sovereign of the Netherlands, in exchange for the Settlement of Cochin and its dependencies on the coast of Malabar, which is to remain in full Sovereignty to His Britannic Majesty.

* See 1st Additional Article ; and Convention between Great Britain and Netherlands of 12th August, 1815.

43

13 Aug., 1814.] GREAT BRITAIN AND NETHERLANDS. [No. 5

[Dutch Colonies.]

Surrender of Places and Forts. Art. III. The Places aud Forts in the Colonies and Settle- ments which by virtue of the two preceding Articles are to be ceded and exchanged by the two High Contracting Parties, shall be given up in the state in which they may be at the moment of the signature of the present Convention.

Commerce, 4'c-> °f the Dutch within British Dominions in India placed on footing of the most favoured Nation.

Art. IV. His Britannic Majesty guarantees to the Subjects of His Royal Highness the Prince Sovereign of the United Nether- lands, the same facilities, privileges, and protection with respect to Commerce, and the security of their Property and Persons, within the limits of the British sovereignty on the Continent of India, as are now or shall be granted to the most favoured Nations.

No Fortifications to be erected by the Dutch. Number of Troop>s to be limited in Colonies restored. His Royal Highness the Prince Sovereign, on his part, having nothing more at heart than the perpetual duration of Peace between the Crown of England and the United Netherlands, and wishing to do his utmost to avoid anything which might affect their mutual good understanding, engages not to erect any Forti- fications in the Establishments which are to be restored to him within the limits of the British Sovereignty upon the Continent of India, and only to place in those Establishments the number of troops necessary for the maintenance of the police.

Periods of Cession. Art. V. Those Colonies, Factories, and Establishments which are to be ceded to His Royal Highness the Sovereign Prince of the United Netherlands by His Britannic Majesty, in the seas or on the continent of America, shall be given up within three months, and those which are beyond the Cape of Good Hope within the six months which follow the ratification of the present Convention.

Security of Persons and Property in Countries ceded and restored.

Art. VI. The High Contracting Parties, desirous to bury in entire oblivion the dissensions which have agitated Europe, declare and promise that no individual, of whatever rank or condition he may be, in the countries restored and ceded by the present Treaty,

44

No. 5] GKEAT BEITAIN AND NETHERLANDS. [13 Aug., 1814.

[Dutch. Colonies.]

shall be prosecuted, disturbed, or molested in his person or pro- perty, under any pretext whatever, either on account of his conduct or political opinions, his attachment either to any of the Contracting Parties, or to any Government which has ceased to exist, or for any other reason except for Debts contracted towards individuals, or acts posterior to the date of the present Treaty.

Right of Emigration. Akt. VII. The native inhabitants and aliens, of whatever nation or condition they may be, in those countries which are to change Sovereigns, as well in virtue of the present Convention as of subsequent arrangements to which it may give rise, shall be allowed a period of six years, reckoning from the exchange of the ratifications, for the purpose of disposing of their property, if they think fit, whether it be acquired before or during the late war, and of retiring to whatever Country they may choose.

Abolition of Slave Trade. Art. VIII. The Prince Sovereign of the United Netherlands, anxious to co-operate, in the most effectual manner, with His Majesty the King of the United Kingdom of Great Britain and Ireland, so as to bring about the total abolition of the Trade in Slaves on the Coast of Africa, and having spontaneously issued a Decree on the 15th June, 1814, wherein it is enjoined that no ships or vessels whatever, destined for the Trade in Slaves, be cleared out or equipped in any of the harbours or places of his dominions, nor admitted to the forts or possessions on the coast of Guinea, and that no inhabitants of that country shall be sold or exposed as Slaves, — does moreover hereby engage to prohibit all his subjects in the most effectual manner and by the most solemn laws, from taking any shai-e whatsoever in such inhuman

traffic.

Ratifications.

Art. IX. The present Convention shall be ratified, and the Eatifications shall be duly exchanged at London within three weeks from the date hereof, or sooner if possible.

In witness whereof, we the undersigned Plenipotentiaries, in virtue of our respective Full Powers, have signed the present Convention, and have affixed thereto the Seal of our Arms. Done at London, this 13th day of August, 1814.

(L.S.) CASTLEREAGH. (L.S.) H. FAGEL.

45

13 Aug., 1814.] GKEAT BKITAIN AND NETHEELANDS. [No. 5

[Dutch Colonies.]

First Additional' Article. In order the better to provide for the Defence and incorporation of the Belgic Provinces with Holland, and also to provide, in con- formity to Article IX of the Treaty of Paris (No. 1), a suitable Com- pensation for the rights ceded by His Swedish Majesty under the said Article, which Compensation, it is understood, in the event of the above reunion, Holland should be liable to furnish, in pursu- ance of the above stipulations ; it is hereby agreed between the nigh Contracting Parties, that His Britannic Majesty shall take upon himself, and engage to defray the following charges : —

§ 1. Compensation to Sweden for Guadaloupe. 1st. The payment of £1,000,000 sterling [24,000,000 francs] to Sweden, in satisfaction of the claims aforesaid, and in pursu- ance of a Convention this day executed with His Swedish Majesty's Plenipotentiary to that effect, a copy of which Convention is an- nexed to these Additional Articles.*

§ 2. Expenses of Defence of the Low Countries, and of their Union

with Holland.

2ndly. The advance of £2,000,000 sterling, to be applied, in concert with the Prince Sovereign of the Netherlands, and in aid of an equal sum, to be furnished by him, towards augmenting and improving the Defences of the Low Countries {Pays Bas).

§ 3. Cession to Great Britain of the Cape of Good Hope, Demerara, Esseqnibo, and Berbice. Dutch Proprietors in Berbice. Resort of Dutch Ships to the Cape.

ordly. To bear, equally with Holland, such further charges as may be agreed upon between the said High Contracting Parties and their Allies, towards the final and satisfactory settlement of the Low Countries, in union with Holland, and under the dominion of the House of Orange, not exceeding in the whole the sum of £3,000,000 to be defrayed by Great Britain.

In consideration and in satisfaction of the above engagements, as taken by His Britannic Majesty, the Prince Sovereign of the Netherlands agrees to cede in full Sovereignty to His Britannic Majesty, the Cape of Good Hope, and the Settlements of Deme- rara, Essequibo, and Berbice, upon the condition, nevertheless, that the Subjects of the said Sovereign Prince, being Proprietors in the said Colonies or Settlements, shall be at liberty (under such

* (13th August, 1814). See Appendix. 46

No. 5] GREAT BRITAIN AND NETHERLANDS. [13 Aug., 1814.

[Dutch Colonies.]

Regulations as may hereafter be agreed upon in a Supplementary Convention) to carry on trade between the said settlements and the territories in Europe of the said Sovereign Prince.*

It is also agreed between the two High Contracting Parties, that the ships of every kind belonging to Holland, shall have permission to resort freely to the Cape of Good Hope, for the purposes of refreshment and repairs, without being liable to other charges than such as British subjects are required to pay.

Second Additional Article.

Cession to Great Britain of District of Bemagore near

Calcutta.

The small District of Bernagore, situated close to Calcutta, being requisite to the due preservation of the peace and police of that city, the Prince of Orange agrees to cede the said district to His Britannic Majesty, upon a payment of such sum annually to His Royal Highness as may be considered, by Commissioners to be appointed by the respective Governments, to be just and reasonable, with reference to the profits or revenue usually de- rived by the Dutch Government from the same.

Third xIdditional Article. Validity of Additional Articles. To be ratified ivith Treaty.

The present Additional Articles shall have the same force and validity as if they were inserted word for word in the Convention signed this day. They shall be ratified, and the ratifications shall be exchanged at the same time and place, f

In witness whereof, we the undersigned Plenipotentiaries have signed and affixed to them the seal of our arms. Done at London, this loth day of August, 1814.

(L.S.) CASTLEREAGII. (L.S.) H. FAGEL.

For Treaty of Peace between Denmark and Prussia of 25th August, 1814. See Appendix.

* See Convention between Great Britain and Netherlands of 12th August, 1S15.

f See reference to delay in the execution of this Convention in British Note attached to the Treaty cf 17th March, 1824.

47

24 Dec, 1814.] GREAT BRITAIN AND UNITED STATES. [No. 6

[Treaty of Ghent.]

jj0i Q— TREATY OF PEACE and Amity between Great Britain and the United States of America. — Signed at Ghent, 2£th December, 1814.

Aet. Table.

Preamble. Peace and Amity.

1. Restoration of Peace, Friendship, and good understanding upon prin-

ciples of perfect reciprocity between Territories and People respec- tively. Cessation of Hostilities after Ratification of Treaty. Restora- tion of Territory, Places and Possessions captured during the War (excepting Islands near Boundary Line), non- destruction nor removal of Artillery or other Public Property in Forts or Places, nor Slaves or other Private Property. Restoration of Archives, Records, &c. Temporary retention of Islands of the Bay of Bassamaquoddy.

2. Prizes taken after ratification of Treaty. Periods for Cessation of Hostili-

ties in different latitudes at Sea.

3. Restoration of Prisoners of War on their payment of their Debts. Repay-

ment of Advances for Subsistence of Prisoners.

4. Boundary : Islands in the Bay of Bassamaquoddy (Part of Bay of Fundy)

and Island of Grand Menan. Appointment of Commissioners to decide claims thereto. Oath and Place of Meeting. Decision, by Declaration or Report, final and conclusive. Arbitration in case of Difference.

5. Boundary (North-Eastern) : Determination of Point of Highlands north

of River St. Croix, or north-west angle of Nova Scotia ; and north- westernmost head of Connecticut River. Survey of Line from River St. Croix to Nova Scotia; along Highlands to Connecticut River; down River to 45th degree ; and Line west to River Iroquois, or Cataraguy (St Lawrence). Appointment of Commissioners. Oath, and Place of Meeting. Map, and Declaration, final and conclusive. Arbitration in case of Difference.

6. Boundary: Water Line from River Iroquois (St. Lawrence), through

Lakes Ontario, Brie, and Huron, to Lake Superior. Doubts as to middle of Lakes and Islands therein. Appointment of Commissioners. Oath, and Place of Meeting. Report or Declaration final and conclu- sive.

7. Boundary : Determination, by last Commissioners, of Water Line from Lake

Huron and Lake Superior to the Lake of the Woods, and of Islands therein; and Latitude and Longitude of North-west Point of Lake of the Woods. Report or Declaration final and conclusive. Arbitration in case of Difference

8. Boundary : Appointment of Secretary, Surveyors, &c, by Commissioners.

Duplicates of Reports, Declarations, Statements, Decisions, Accounts, and Journals of Proceedings. Payment of Salaries and Expenses. Supply of Vacancies. Validity of Grants of Land iu Islands in ques- tion made by Power in possession before the War.

48

No. 6J GREAT BRITAIN AND UNITED STATES. [24 Dec, 1814.

[Treaty of Ghent.]

9. Cessation of Hostilities with all the Tribes or Nations of Indians. Resto-

ration of their Possessions, Rights, and Privileges as in 1811, previous to the War.

10. Continuance of efforts to promote entire abolition of the Slave Trade.

11. Ratifications, without alteration.

Preamble.

His Britannic Majesty and the United States of America, desirous of terminating the War which has unhappily subsisted between the two Countries, and of restoring1, upon principles of perfect reciprocity, Peace, Friendship, and good understanding between them, have for that purpose appointed their respective Plenipotentiaries, that is to say : His Britannic Majesty, on His part, has appointed The Right Honourable James Lord Gam bier, late Admiral of the White, now Admiral of the Red Squadron of His Majesty's Fleet ; Henry Goulburn, Esq., a Member of the Imperial Parliament, and Under Secretary of State ; and William Adams, Esq., Doctor of Civil Laws :

And the President of the United States, b}' and with the advice and consent of the Senate thereof, has appointed John Quiucey Adams, James A. Bayard, Henry Clay, Jonathan Russell, and Albert Gallatin, Citizens of the United States, who, after a reciprocal communication of their respective Full Powers, have agreed upon the following Articles : —

Peace and Amity. Restoration of Peace, Friendship, and good understanding upon principles of perfect reciprocity between Territories and Peoples respectively. Cessation of Hostilities after Ratification of Treaty. Restoration of Territoiy, Places, and Possessions captured during the War (excepting Islands near Boundary Line). Non-destruction nor removal of Artillery or other Public Property in Forts or Places, nor Slaves or other Private Property. Restoration of Archives, Records, §c.

Art. I. There shall be a firm and universal Peace between His Britannic Majesty and the United States, and between their respective countries, territories, cities, towns and people, of every degree, without exception of places or persons. All hostilities both by sea and land shall cease, as soon as this Treaty shall have been ratified by both Parties, as hereinafter mentioned. All territory, places, and possessions whatsoever, taken by either party from the other during the War, or which may be taken after the signing of this Treaty, excepting only

49 e

24 Dec, 1814.] GREAT BRITAIN AND UNITED STATES. [No. G

[Treaty of Ghent.]

the Islands hereinafter mentioned, shall be restored without delay, and without causing- any destruction, or carrying away an}' of the artillery, or other Public Property, originally captured in the said Forts or Places, and which shall remain therein upon the exchange of the Ratifications of this Treaty, or any Slaves or other Private Property.* And all Archives, Records, Deeds, and Papers, either of a public nature, or belonging to private persons, which, in the course of the War, may have fallen into the hands of the officers of either party, shall be, as far as may be prac- ticable, forthwith restored, and delivered to the proper authorities and Persons to whom they respectively belong.

Temporary retention of Islands of the Bay of Passamaquoddy.

Such of the Islands in the Bay of Passamaquoddy as are claimed by both parties, shall remain in the possession of the party in whose occupation they may be at the time of the exchange of the Ratifications of this Treaty, until the decision respecting the title to the said Islands shall have been made, in conformity with Article IV of this Treaty.

No disposition made by this Treaty, as to such possession of the Islands and Territories claimed by both parties, shall in any manner whatever be construed to affect the right of either.

Prizes taken after Ratification of Treaty. Periods for Cessation of Hostilities in dijferent Latitudes at Sea.

Aet. II. Immediately after the Ratifications of this Treaty by both parties, as herein after-mentioned, orders shall be sent to the armies, squadrons, officers, subjects and citizens of the two powers, to cease from all hostilities. And to prevent all causes of complaint, which might arise on account of the Prizes which may be taken at Sea after the said Ratifications of this Treaty, it is reciprocally agreed, that all Vessels and effects which may be taken after the space of 12 clays from the said Ratifications upon all parts of the Coast of North America, from the latitude of 23 dcg. North, to the latitude of 50 deg. North, and as far Eastward in the Atlantic Ocean as the 3Gth deff. of West longi-

Ci"

* Interpretation disputed. See Convention of 20th October, ISIS; Award of Emperor of Russia of 22nd April, 1822 ; and Convention of f^rS' 1822>

50

No. 6] GEEAT BEITAIN AND UNITED STATES. [24 Dec, 1814.

[Treaty of Ghent.]

tude from the meridian of Greenwich, shall be restored on each side ; that the time shall be 30 days in all other parts of the Atlantic Ocean North of the equinoctial line or Equator, and the same time for the British and Irish Channels, for the Gulf of Mexico, and all parts of the West Indies ; 40 days for the North Seas, for the Baltic, and for all parts of the Mediterranean ; 60 clays for the Atlantic Ocean South of the Equator, as far as the latitude of the Cape of Good Hope; 90 days for every other part of the world south of the Equator; and 120 days for all other parts of the world without exception.

Restoration of Prisoners of War on their payment of their Debts. Repayment of Advances for Subsistence of Prisoners.

Art. III. All prisoners of war taken on either side, as well by land as by sea, shall be restored as soon as practicable after the Ratifications of this Treaty, as hereinafter mentioned, on their paying the Debts which they may have contracted during their captivity. The two Contracting Parties respectively engage to discharge in specie the advances which may have been made by the other for the sustenance and maintenance of such prisoners.

Boundary : Islands in the Bay of Passamaquoddy {part of Bay of Fundy) and Island of Grand Menan. Appointment of Commis- sioners to decide Claims thereto. Oath, and Place of Meeting. Decision by Declaration or Report, final and conclusive*

Art. IV.f Whereas it was stipulated, by the Hnd Article in the Treaty of Peace of 1783, between His Britannic Majesty and The United States of America, that the Boundary of the United States should comprehend " All Islands within twenty leagues of any part of the shores of the United States, and lying between lines to be drawn due East from the points where tin; aforesaid boundaries, between Nova Scotia on the one part, and East Florida on the other, shall respectively touch the Bay of Fundy and the Atlantic Ocean, excepting such Islands as now are, or heretofore have been, within the limits of Nova Scotia : " And

* The Commissioners were : — For Great Britain, Mr. Thomas Barclay ; for the United States, Mr. John Holmes. They met first at St. Andrew's and afterwards at New York, at which latter place they drew up their Deci- sion on the 24th November, 1S17.

t See Treaty between Great Britain and United States of 3rd September, 1783. Appendix.

51 • e 2

24 Dec, 1814.] GREAT BRITAIN AND UNITED STATES. [No. 6

[Treaty of Ghent.]

whereas the several Islands in the Bay of Passamaquoddy, which is part of the Bay of Fundy, and the Island of Grand Menan, in the said Bay of Fundy, are claimed by the United States as being comprehended within their aforesaid Boundaries, which said Islands are claimed as belonging- to His Britannic Majesty, as having been, at the time of and previous to the aforesaid Treaty of 1783, within the limits of the Province of Nova Scotia; in order, therefore, finally to decide upon these Claims, it is agreed that they shall be referred to two Commissioners, to be appointed in the following manner, viz. : — One Commissioner shall be appointed by His Britannic Majesty, and one by the President of the United States, by and with the advice and consent of the Senate thereof ; and the said two Commissioners so appointed, shall be sworn impartially to examine and decide upon the said Claims, according to such evidence as shall be laid before them on the part of His Britannic Majesty and of the United States respectively. The said Commissioners shall meet at St. Andrew's, in the Province of New Brunswick, and shall have power to adjourn to such other place or places as they shall think fit. The said Commissioners shall, by a 'Declaration or Report, under their hands and seals, decide to which of the two Contracting Parties the several Islands aforesaid do respectively belong, in conformity with the true intent of the said Treaty of Peace of 1783 ; and if the said Commissioners shall agree in their Decision, both Parties shall consider such Decision as final and conclusive.

Arbitration in case of Difference. It is further agreed, that in the event of the two Commis- sioners differing upon all or any of the matters so referred to them, or in the event of both or either of the said Commissioners refusing or declining-, or wilfully omitting to act as such, they shall make, jointly or separately, Report or Reports, as well to the Government of nis Britannic Majesty as to that of the United States, stating in detail the points on which they differ, and the grounds upon which their respective opinions have been formed, or the grounds upon which they, or either of them, have so refused, declined, or omitted to act. And His Britannic Majesty and the Government of the United States, hereby agree, to refer the Report or Reports of the said Commissioners to some Friendly Sovereign or State, to be then named for that purpose, and who

52

No. 6] GREAT BRITAIN AND UNITED STATES. [24 Dec, 1814.

[Treaty of Ghent.]

shall be requested to decide on the differences which may be stated in the said Report or Reports, or upon the Report of one Com- missioner, together with the grounds upon which the other Com- missioner shall have refused, declined, or omitted to act, as the case may be. And if the Commissioner so refusing, declining, or omitting to act, shall also wilfully omit to state the grounds upon which he has so done, in such manner that the said statement may be referred to such friendly Sovereign or State, together with the Report of such other Commissioner, then such Sovereign or State shall decide, ex parte, upon the said Report alone, and His Britannic Majesty and the Government of the United States engaged to consider the Decision of such friendly Sovereign or State, to be final and conclusive on all the matters so referred.

Boundary: Determination of Point of Highlands North of River St. Croix, or North- West Angle of Nova Scotia, and North- Westernmost Head of Connecticut River. Survey of Line from River St. Croix to Nova Scotia along Highlands to Connecticut River, down River to 45th Degree, and Line West to River Iro- quois, or Cataraguy (St. Lawrence).

Art. V. Whereas neither that point of the Highlands tying clue North from the source of the River St. Croix, designated in the former Treaty of Peace between the two Powers, as the north-west angle of Nova Scotia, nor the north-westernmost head of Connecticut River have yet been ascertained ; and whereas that part of the Boundary line between the dominions of the two Powers, which extends from the source of the River St. Croix, directly North to the above-mentioned north-west angle of Nova Scotia, thence along the said Highlands which divide those Rivers that empty themselves into the River St. Lawrence from those which fall into the Atlantic Ocean to the north- westernmost head of Connecticut River, thence down along the middle of that River to the 45th degree of north latitude, thence by a line due West on said latitude until it strikes the River Iroquois, or Cataraguy, has not yet been surveyed, it is agreed that for these several purposes two Commissioners shall be appointed, sworn, and authorised, to act exactly in the manner directed with respect to those mentioned in the next preceding Article, unless otherwise specified in the present Article.

53

24 Dec, 1814.] GKEAT BEITAIN AND UNITED STATES. [No. 6

[Treaty of Ghent.]

Appointment of Commissioners, Oath, and Place of Muting.*

The said Commissioners shall meet at St. Andrew's, in the province of New Brunswick, and shall have power to adjourn to

such other place or places as they shall think fit. The said Commissioners shall have power to ascertain and determine tho points above mentioned, in conformity with the provi- sions of the said Treaty of Peace of 1783 ;f and shall cause tho Boundary aforesaid, from the source of the River St. Croix to the River Iroquois, or Cataraguy, to be surveyed and marked according to the said provisions ; the said Commissioners shall make a Map of the said boundary, and annex to it a Declaration under their hands and seals, certifying it to be the true Map of the said Boundary, and particularising the latitude and longitude of the north-west angle of Nova Scotia, of the north-westernmost head of Connecticut River, and of such other points of the said Boun- dary as they may deem proper.

Map and Declaration, Final and Conclusive.

And both parties agree to consider such Map and Declaration as finally and conclusively fixing the said Boundary.

Arbitration in case of Difference.

And in the event of the said two Commissioners differing, or both, or either of them, refusing, declining, or wilfully omitting to act, such reports, declarations or statements shall be made by them, or either of them, and such reference to a friendly Sovereign or State shall be made in all respects, as in the latter part of the IVth Article is contained, and in as full a manner as if the same was herein repeated.

* The Commissioners were : — For Great Britain, Mr. Thomas Barclay ; fur the United States, Mr. John Holmes. They met first at St. Andrew's and afterwards at New York ; but as they were unable to agree upon bhe Boundary line, a Convention was concluded on the 29th September, 1827, for regulating the reference of the disputed points to Arbitration. The King of the Netherlands was invited to accept the office of arbitrator, and he did so, and on the 10th January, 1831, he pronounced his Decision. It was not, however, accepted by the United States, as the Award did not profess to follow the submission, but recommended a conventional line ; and the Boundary line was finally settled by the Treaty of 9th August, 1842.

f See Treaty between Great Britain and United States of 3rd September, 1783. Appendix.

54

No. 6] GEEAT BEITAIN AND UNITED STATES. [24 Dec, 1814.

[Treaty of Ghent.]

Boundary: Water Line through River Iroquois (St. Lawrence), through Lakes Ontario, Erie, and Huron, to Lake Superior, Doubts as to Middle of Lakes and Islands therein.

Art. VI. Whereas b}T the former Treaty of Peace that portion of the Boundary of the United States from the point where the 45th degree of north latitude strikes the River Iroquois, or Cata- raguy, to the Lake Superior, was declared to be " along the middle of said River into Lake Ontario, through the middle of said Lake, until it strikes the communication by water between that Lake and Lake Erie, thence along the middle of said communica- tion into Lake Erie, through the middle of said Lake until it arrives at the water communication into the Lake Huron, thence through the middle of said Lake to the water communication between that Lake and Lake Superior; " and whereas doubts have arisen what was the middle of the said River, Lakes, and water communications, and whether certain Islands lying in the same were within the dominions of His Britannic Majesty or of the United States.

Appointment of Commissioners. Oath, and Place of Meeting.*

In order, therefore, finally to decide these doubts, they shall be referred to two Commissioners, to be appointed, sworn, and authorised, to act exactly in the manner directed with respect to those mentioned in the next preceding Article, unless otherwise specified in this present Article. The said Commissioners shall meet, in the first instance, at Albany, in the State of New York, and shall have power to adjourn to such other place or places as they shall think fit.

Heport or Declaration, Final and Conclusive.

The said Commissioners shall, by a Report or Declaration, under their hands and seals, designate the Boundary through the said Rivers, Lakes, and water communications, and decide to which of the two Contracting Parties the several Islands lying within the said Rivers, Lakes, and water communications, do respectively belong, in conformity with the true intent of the said Treaty of

* The Commissioners were : — For Great Britain, Mr. Anthony Barclay ; and for the United States, Mr. Peter B. Porter. They met first at Albany, and afterwards at Utica, and they pronounced their Decision on the 18th June, 1822.

55

24 Dec, 1814.] GREAT BRITAIN AND UNITED STATES. [No. 6

[Treaty of Ghent.]

1783.* And both parties agree to consider such designation and Decision as final and conclusive.

Arbitration in case of Difference. And in the event of the said two Commissioners differing, or both, or either of them refusing, declining, or wilfully omitting to act, such Eeports, Declarations, or Statements, shall be made by them, or either of them, and such reference to a friendly Sove- reign or State shall be made in all respects, as in the latter part of the IVth Article is contained, and in as full a manner as if the same was herein repeated.

Boundary ; Determination, by Last Commissioners* of Water Line from Lake Huron and Lake Superior to the Lake of the Woods, and of Islands therein, and Latitude and Longitude of North-West Point of Lake of the Woods.

Art. VII. It is further agreed, that the said two last-men- tioned Commissioners, after they shall have executed the duties assigned to them in the preceding Article, shall be, and they are hereby authorised, upon their oaths, impartially to fix and deter- mine, according to the true intent of the said Treaty of Peace of 1783, f that part of the boundary between the dominions of the two Powers, which extends from the water communication between Lake Huron and Lake Superior, to the most North- Western Point of the Lake of the Woods ; to decide to which of the two Parties the several Islands lying in the Lakes, water communica- tions, and Rivers, forming the said Boundary, do respectively belong, in conformity with the true intent of the said Treaty of Peace of 1783, and to cause such parts of said Boundary as require it, to be surveyed and marked.

Report and Declaration, Final and Conclusive.

The said Commissioners shall, by a Report or Declaration, under their hands and seals, designate the Boundary aforesaid, state their decision on the points thus referred to them, and

* The Commissioners were : — Eor Great Britain, Mr. Anthony Barclay ; for the United States, Mr. Peter B. Porter. They met at New York, and on the 23rd October, 1826, they made their Report. They were unable, however, to agree on certain points, and the line of Boundary was finally settled by the Treaty of 9th August, 184-2.

t Sec Treaty between Great Britain and United States of 3rd September, 1783. Appendix.

56

No. 6] GREAT BRITAIN AND UNITED STATES. [24 Dec, 1814.

[Treaty of Ghent.]

particularise the latitude and longitude of the most North- Western Point of the Lake of the Woods, and of such other parts of the said Boundary as they may deem proper, and both Parties agree to consider such designation and Decision as final

and conclusive.

Arbitration in case of Difference.

And in the event of the said two Commissioners differing-, or both or either of them refusing, declining, or wilfully omitting to act, such Reports, Declarations, or Statements shall be made by them, or either of them, and such reference to a friendly Sovereign or State shall be made in all respects as in the latter part of Article IV is contained, and in as full a manner as if the same was herein repeated.

Boundary : Appointment of Secretary, Surveyor, and last Com- missioners. Duplicates of Reports, Declarations, Statements, Decisions, Accounts, and Journals of Proceedings. Payments of Salaries and Expenses. Supply of Vacancies.

Art. VIII, The several Boards of two Commissioners, men- tioned in the four preceding Articles, shall respectively have power to appoint a Secretary, and to employ such Surveyors or other persons as they shall judge necessary. Duplicates of all their respective Eeports, Declarations, Statements, and Decisions, and of their Accounts, and of the Journal of their Proceedings, shall be delivered by them to the Agents of His Britannic Majesty, and to the Agents of the United States, who may be respectively appointed and authorised to manage the business on behalf of their respective Governments. The said Commissioners shall be respectively paid in such manner as shall be agreed between the two Contracting Parties, such agreement being to be settled at the time of the exchange of the Ratifications of this Treaty. And all other expenses attending the said Commis- sioners shall be defrayed equally by the Two Parties. And in case of death, sickness, resignation, or necessary absence, the place of every such Commissioner respectively shall be supplied in the same manner as such Commissioner was first appointed, and the new Commissioner shall take the same oath or affirmation, and do the same duties.

Validity of Grants of Land in Islands in question made by Boiver in possession before the War.

It is further agreed between the two Contracting Parties,

57

24 Dec, 1814.J GREAT BRITAIN AND UNITED STATES. [No. 6

[Treaty of Ghent.]

that in case any of the Islands mentioned in any of the preceding Articles, which were in the possession of one of the parties prior to the commencement of the present War between the two Countries, should, by the decision of any of the Boards of Com- missioners aforesaid, or of the Sovereign or State so referred to, as in the four next preceding Articles contained, fall within the dominions of the other party, all Grants of Land made previous to the commencement of the War by the party having had such possession, shall be as valid as if such Island or Islands had, by such decision or decisions, been adjudged to be within the dominions of the party having had such possession.

Cessation of Hostilities with all the Tribes or Nations of Indians. Restoration of their Possessions. Rights and Privileges as in 1811, previous to the War.

Art. IX. The United States of America engage to put an end, immediately after the Ratification of the present Treaty, to hostilities with all the Tribes or Nations of Indians with whom they may be at war at the time of such Ratification, and forthwith to restore to such Tribes or Nations respectively, all the possessions, rights, and privileges which they may have enjoyed or been entitled to in 1811, previous to such hostilities. Provided always, that such Tribes or Nations shall agree to desist from all hostilities against the United States of America, their citizens and subjects, upon the ratification of the present Treaty being notified to such Tribes or Nations, and shall so desist accordingly.

And His Britannic Majesty engages, on his part, to put an end, immediately after the ratification of the present Treaty, to hostilities with all the Tribes or Nations of Indians with whom he may be at war at the time of such ratification, and forthwith to restore to such Tribes or Nations respectively, all the posses- sions, rights, and privileges which they may have enjoyed or been entitled to in 1811, previous to such hostilities. Provided always, that such tribes or nations shall agree to desist from all hostilities against His Britannic Majesty and his subjects, upon the ratification of the present Treaty being notified to such Tribes or Nations, and shall so desist accordingly.

Continuance of efforts to promote entire extinction of the Slave

Trade.

Art. X. Whereas the Traffic in Slaves is irreconcilable with

58

NO. 6] GREAT BRITAIN AND UNITED STATES. [24 Dec, 1814.

[Treaty of Ghent.]

the principles of humanity and justice, and whereas both His Majesty and the United States are desirous of continuing' their efforts to promote its entire abolition, it is hereby agreed that both the Contracting Parties shall use their best endeavours to accom- plish so desirable an object.

Ratifications without Alteration.

Art. XI. This Treaty, when the same shall have been ratified on both sides, without alteration by either of the Contracting Parties, and the Ratifications Mutually exchanged, shall be binding on both parties, and the Ratifications shall be exchanged at Washington, in the space of four months from this day, or sooner, if practicable.

In faith whereof, we, the respective Plenipotentiaries, have signed this Treaty, and have thereunto affixed our seals.

Done, in triplicate, at Ghent, the 24th day of December, 1814.

		(L.S.) GAMBIER.
		(L.S.) II. GOULBURN
		(L.S.) WM. ADAMS.
(L.S.)	JOHN QUINCEY ADAMS.
(L.S.)	J. A. BAYARD.
(L.S.)	II. CLAY.
(L.S.)	JON. RUSSELL.
(L.S.)	ALBERT GALLATIN.

59

8 Feb., 1815.] GREAT BRITAIN, AUSTRIA, Ac. [No. 7

[Slave Trade.]

No. 1.— DECLARATION of the Eight Powers, relative to the Universal Abolition of the Slave Trade. Vienna, 8th

February, 1815. __

[This Declaration formed Annex XV to the Vienna Congress

Treaty of 9th June, 1815, No. 27.]

(Translation as laid before Parliament.*)

Tiie Plenipotentiaries of the Powers who signed the Treaty of Paris of the 30th May, 1814 (No. 1), assembled in Conference.

Having taken into consideration that the commerce, known by the name of " The Slave Trade " (Traite des Negres d'Afrique), has been considered, by just and enlightened men of all ages, as repugnant to the principles of humanity and universal morality ; that the particular circumstances from which this commerce has originated, and the difficulty of abruptly arresting its progress, may have concealed, to a certain extent, what was odious in its continuance, but that at length the public voice, in all civilised countries, calls aloud for its prompt suppression ; that since the character and the details of this traffic have been better known, and the evils of every kind which attend it, completely developed, several European Governments have virtually come to the reso- lution of putting a stop to it, and that successively all the Powers possessing Colonies in different parts of the world have acknow- ledged, either by Legislative Acts, or by Treaties, or other formal engagements, the duty and necessity of abolishing it ;f

That by a separate Article of the late Treaty of Paris (No. 1), Great Britain and France engaged to unite their efforts at the Congress of Vienna to induce all the Powers of Christendom to proclaim the universal and definitive abolition of the Slave Trade ;

That the Plenipotentiaries assembled at this Congress cannot do greater credit to their mission, better fulfil their duty, and manifest the principles which actuate their august Sovereigns, than by endeavouring to carry this engagement into effect, and by proclaiming, in the name of their Sovereigns, their wish of putting an end to a scourge which has so long desolated Africa, degraded Europe, and afflicted humanity ;

The said Plenipotentiaries have agreed to open their deli- berations, on the means of accomplishing so salutary an object, by a solemn declaration of the principles which have governed them in this undertaking ; accordingly, being duly authorised for

* For French version, see " State Papers," vol. iii, p. 971. f See Hcrtslet's Treaties, vol. xii, Index, p. 142.

60

No. 7] GREAT BRITAIN, AUSTRIA, &c. [8 Feb., 1815.

[Slave Trade.]

this purpose, by the unanimous accession of their respective Courts to the principle laid clown in the said separate Article of the Treaty of Paris • they declare, in the face of Europe, that, considering the universal abolition of the Slave Trade as a measure particu- larly worthy of their attention, conformable to the spirit of the times, and to the generous principles of their august Sovereigns, they are animated with the sincere desire of concurring in the most prompt and effectual execution of this measure, by all the means at their disposal ; and of acting, in the employment of these means, with all the zeal and perseverance which is due to so great and noble a cause.

Too well acquainted, however, with the sentiments of their Sovereigns, not to perceive, that however honourable may be their views, they cannot be attained without due regard to the interests, the habits, and even the prejudices of their subjects ; the said Plenipotentiaries at the same time acknowledge that this general Declaration cannot prejudge the period that each parti- cular Power may consider as most advisable for the definitive abolition of the Slave Trade. Consequently, the determining the period when this trade is to cease universally, must be a subject of negotiation between the Powers ; it being understood, how- ever, that no proper means of securing its attainment, and of accelerating its progress, are to be neglected; and that the engagement reciprocally contracted in the present Declaration, between the Sovereigns who are parties to it, cannot be con- sidered as completely fulfilled, until the period when complete success shall have crowned their united efforts.

In communicating this Declaration to the knowledge of Europe, and of all civilised countries, the said Plenipotentiaries hope to prevail on every other Government, and particularly on those which, in abolishing the Slave Trade, have already manifested the same sentiments, to give them their support in a cause, the final triumph of which will be one of the noblest monuments of the age which embraced it, and which shall have brought it to a glorious termination.*

Vienna, the 8th of February, 1815.

(Signed) CASTLEREAGII. PALMELLA.

STEWART, Lieut.-Gen. SALDANHA.

WELLINGTON. LUBO.

NESSELRODE. HUMBOLDT.

C. LOWENHIELM. METTERNICH.

GOMEZ LABRADOR. TALLEYRAND.

* See also Resolutions of the Congress of Verona of 28tli November, 1822.

Gl

19 March, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 8

[Precedence.]

No. 8.— REGULATION of the Eight Powers, concerning the Hank and Precedence of Diplomatic Agents. — Signed at Vienna, \S)th March, 1815.

[This Regulation formed Annex XVII to the Vienna Congress Treaty of 9th June, 1815, No. 27.]

Art. Table.

Preamble.

1. Division of Diplomatic Characters.

2. Representative Character.

3. Special Missions.

4. Diplomatic Precedence. Representatives of the Pope.

5. Form for Reception of Diplomatic Agents.

6. Diplomatic Agents of Courts Allied by Family or other Ties.

7. Alternation of Signatures in Acts or Treaties.

(Translation as laid before Parliament.*) Preamble.

In order to prevent in future the inconveniences which have frequently occurred, and which may still occur, from the claims of Precedence among the different Diplomatic Characters, the Plenipotentiaries of the Powers who signed the Treaty of Paris (No. 1) have agreed on the following Articles, and think it their duty to invite those of the other Crowned Heads to adopt the same regulations.

Division of Diplomatic Characters.

Art. I. Diplomatic Characters are divided into Three classes.

That of Ambassadors, Legates, or Nimcios.

That of Envoys, Ministers, or other persons accredited fco Sovereigns.

That of Charge d' Affaires, accredited only to the Ministers for

Foreign Affairs.

Representative Character.

Art. II. Ambassadors, Legates, or Nuncios only shall have a Representative character.

Special Missions. Art. III. Diplomatic characters charged with any Special Mission shall not on that account assume any superiority of Rank.

Diplomatic Precedence. Art. IV. Diplomatic characters shall rank in their respective classes, according to the date of the official notification of their arrival.

* For French version, see " State Papers," vol. ii, p. 179.

62

No. 8] GREAT BRITAIN, AUSTRIA, &c.

[Precedence.]

[19 March, 1815.

Representatives of the Pope. The present Regulation shall not occasion any change respect- ing the Representatives of the Pope.

Form for Reception of Diplomatic Agents. Art. V. There shall he a regular form adopted by each State for the reception of Diplomatic Characters of every Class.

Diplomatic Agents of Courts Allied by Family or other Ties.

Art. VI. Ties of consanguinity or family alliances between Courts confer no Rank on their Diplomatic Agents. The same rule also applies to political alliances.

Alternation of Signatures in Acts or Treaties.

Art. VII. In Acts or Treaties between several Powers that admit the alternity, the order which is to be observed in the sig- natures of Ministers shall be decided by ballot.

The present regulation is inserted in the Protocol of the Plenipotentiaries of the eight Powers who signed the Treaty of Paris, at their sitting of the 19th March, 1815.

(The signatures follow in the Alphabetical order of the Courts.)

The PRINCE DE METTERNIC1T.

The BARON DE WESSENBERG.

P. GOMEZ LABRADOR.

The PRINCE DE TALLEYRAND.

The DUKE D'ALBERG.

LATOUR DU PIN.

COUNT ALEXIS DE NOAILLES.

CLANCARTY. CATHCART. STEWART, Lt.-Gen.

The COUNT PALMELLA.

SALDANIIA.

LOBO.

PRINCE IIARDENBERG. BARON HUMBOLDT. COUNT RASOUMOFFSKY. COUNT STACKELBERG. COUNT NESSE ERODE.

LOWENHIELM.

See Protocol of 5 Powers of 21st November, 1818, respecting Ministers Resident.

63

Austria.	(L.S.)
	(L.S.)
Spain (Espagne).	(L.S.)
France.	(L.S.)
	(L.S.)
	(L.S.)
	(L.S.)
Great Britain.	(L.S.)
	(L.S.)
	(L.S.)
Portugal.	(L.S.)
	(L.S.)
	(L.S.)
Prussia.	(L.S.)
	(L.S.)
Russia.	(L.S.)
	(L.S.)
	(L.S.)
Sweden.	(T,S.)

20 March, 1815.] GREAT BRITAIN, AUSTRIA, Ac. [No. 9

[Switzerland.]

No. 9.- DECLARATION of the 8 Powers, on the Affairs of the Helvetic Confederacy. Signed at Vienna, 20th March, 1815.

[This Declaration formed Annex XIa to the Vienna Congress Treaty of 9th June, 1815, No. 27.]

Aet. Table.

Preamble. Independence and Neutrality of Switzerland. (Vallee des Dappes.)

1. Integrity of the 19 Cantons.

2. Union of 3 new Cantons; Valais, Geneva, Neufchatel. (Vallee des

Dappes.)

3. Union of Bishopric of Basle, and Town and Territory of Bienne, with

Canton of Berne.

4. Rights of Inhabitants of Countries united with Canton of Berne. Collec-

tion of Ordinary Revenues. Indemnity to the Prince Bishop of Basle. Retention of Bishopric of Basle. Proportion to be paid by Canton of Berne to Bishopric of Basle.

5. Commercial and Military communications of the Town of Geneva with the

Canton of Vaud. Versoy Road. Passage of Troops. Free Commu- nication between the Town of Geneva and the Jurisdiction of Peney. Accession of Territory for the Town of Geneva. G. Mutual Compensations by Cantons of Argovia, Vaud, Tessin, and St. Gall to Cantons of Schweitz, Unterwald, TJri, Glaris, Zug, and Appenzell.

7. Disposal of Funds placed in England by the Cantons of Zurich and

Berne.

8. Indemnity to Proprietors of "Baztds."

9. Pensions to Prince Abbot of St. Gall, and others. Accession to Federal

Union. Amnesty.

(Translation as laid before Parliament.*) Preamble.

The Powers called upon to mediate in the arrangement of the affairs of Switzerland, in order to cany into effect Article VI of the Treaty of Paris of the 30th May, 1814 (No. 1), having ac- knowledged that the general interest demands that the Helvetic States should enjoy the benefit of a perpetual Neutrality ; and wishing, by territorial restitutions and cessions, to enable it to secure its Independence and maintain its Neutrality ;

After having obtained every information relative to the inte- rests of the different Cantons, and taken into consideration the claims submitted to them by the Helvetic Legation ;

* For French version, sec " State Papers," vol. ii, p. 142.

G4

No. 9] GREAT BRITAIN, AUSTRIA, &c. [20 March, 1815.

[Switzerland.]

Perpetual Neutrality. Declare,

That as soon as the Helvetic Diet shall have duly and formally acceded to the stipulations contained in the present Instrument, an Act shall be prepared, containing- the acknowledgment and the guarantee, on the part of all the Powers, of the perpetual Neu- trality of Switzerland, in her new frontiers ; which Act shall form part of that which, in the execution of Article XXXII of the Treaty of Paris of the 30th May, was to complete the arrange- ments contained in that Treaty/'

Integrity of the 19 Cantons of Switzerland.]

Art. I. (Embodied in Vienna Congress Treaty (No. 27) as Art. LXXIV.)

Switzerland. Union of Three new Cantons (The Valais, Geneva, Neufchatcl\). Valle'e des Dappes.§

Art. II. (Embodied in Vienna Congress Treaty (No. 27) as Art. LXXV.)

Switzerland. Union of Bishojmc of Basle, and Town and Territory of Bienne, with Canton of Berne.

Art. III. (Embodied in Vienna Congress Treaty (No. 27) as Art. LXXVI.)

Stvitzerland. Rights of Inhabitants of Countries united with Canton

of Berne.

Art. IV. (1, 2, 3, Embodied in Vienna Congress Treaty (No. 27) as Art. LXXVII.)

* See Act of the 5 Powers of 20th November, 1815.

Zurich. Unterwald. Basle. Argovia.

Berne. G-laris. Schaffhausen. Thurgovia.

Lucerne. Zug. Appenzell. Tessin.

Uri. Friburg. St. Gall. Vaud.

Schweitz. Soleure. Grisons.

X The King of Prussia renounced his Sovereign Rights over the Princi- pality of Neufchatel and the County of Valengin, by the Treaty between Great Britain, Austria, France, Prussia, Russia, and Switzerland, of 26th May, 1857, by which Treaty it was also declared that the Principality should continue to form part of the Swiss Confederation, in conformity with Art. LXXV of the Vienna Congress Treaty of 9th June, 1815.

§ See Treaty between France and Switzerland of 8th December, 1862.

G5 f

20 March, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 9

[Switzerland.]

Collection of Ordinary Revenues.

4. The ordinary revenues of the country shall be collected on account of the present Administration, until the date of the acces- sion of the Diet to the present transaction. The arrears of the said revenues shall be collected in like manner, but the extraordi- nary taxes, which have not yet been paid into the public ch<'wt, shall not be demanded.

Indemnity to the Prince Bishop of Basle.

5. No indemnity having been received by the Prince Bishop of Basle, for the quota of the revenues accruing to him from the Bishopric which hitherto formed a part of Switzerland, and a sti- pulation having been made in the Re'ces of the German Empire of 1803,* in favour of those countries only which have become an integral part of the said Empire, the cantons of Berne and Basle are to pay to him, in addition to the said annuity, the sum of 12,000 florins of the Empire, dating from the union of the Bishop- ric of Basle to the Cantons of Berne and Basle ; the fifth part of this sum shall be applied to, and remain as a provision for, the support of the canons of the ancient cathedral of Basle, in order to make up the annuity which has been settled by the Re'ces of the German Empire.

Retention of Bishopric of Basle. The Helvetic Diet shall determine whether it be expedient to retain a Bishopric in this part of Switzerland, or whether this diocese may not be united to that which, pursuant to the new arrangements, shall be formed out of the Swiss territory which belonged to the diocese of Constance.

Proportion to be paid by Canton of Berne to Bishopric of Basle. In case the Bishopric of Basle should be continued, the Canton of Berne shall furnish, in the same proportion as the other countries which shall in future bo placed under the spiritual administration of the Bishop, such a sum as may be necessary for the support of this prelate, of his chapter, and of his seminary.

Switzerland. Commercial and Military Communications between Town of Geneva and Canton of Vavd. Passage of Troops. Versoy Road.

Art. V. (Embodied in Vienna Congress Treaty (No. 27) as Art. LXXIX.)

* See Appendix. 6G

No. 9] GREAT BRITAIN, AUSTRIA, &c. [20 March, 1815.

[Switzerland.]

Free Communication between the Town of Geneva and the Juris- diction of Peney.

In the Additional Regulations* to be made on this subject, the execution of the Treaties relative to the free Communication between the Town of Geneva and the Jurisdiction of Peney, shall be guaranteed in a manner the most suitable to the interests of the inhabitants of Geneva. His Most Christian Majesty consents likewise, that the gendarmerie and militia of Geneva, after having communicated on the subject with the nearest military post of the French gendarmerie, shall pass on the high road of Meyrin, in the said jurisdiction, to and from the town of Geneva.

Accession of Territory for the Town of Geneva.

The Contracting Powers shall, moreover, interpose their good offices for the purpose of obtaining for the Town of Geneva a suitable accession of territory on the side of Savoy.

Switzerland. Mutual Compensations by Cantons of Argovia, Vaud, Tessin, and St. Gall to Cantons of Schiueitz, Unterivald, Uri. Glaris, Zug, and Appenzell.

Art. VI. (Embodied in Vienna Congress Treaty (No. 27) as Art, LXXXI.)

A Commission appointed by the Diet shall superintend the execution of the preceding arrangements.

Switzerland. Disposal of Funds placed in England by Cantons of

Zurich and Berne.

Art. VII. (Embodied in Vienna Congress Treaty (No. 27) as Art, LXXXII.)

Switzerland. Indemnity to Proprietors of " Lauds." Art. VIII. (Embodied in Vienna Congress Treaty (No. 27) as Art, LXXXIII.)

Pensions to Prince Abbot of St. Gall and others.

Art. IX. The Mediating Powers, acknowledging the justice

of securing to the Prince Abbot of St. Gall an honourable and

independent existence, direct, that the Canton of St. Gall shall

pay to him an annuity of fi,000 florins of the Empire, and to those

* Annex (B B) to Treaty of 20th May, 1815.

G7* f 2

20 March, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 9

[Switzerland.]

under him, an annuity of 2,000. These pensions shall be paid by instalments (commencing from the 1st of January, 1815) into the hands of the directing canton, every three months, which shall place them at the disposal of the Prince Abbot of St. Gall, and of those under him respectively.

The Powers mediating in the affairs of Switzerland, by the above Declaration, afford a manifest proof of their desire to secure the internal tranquillity of the Confederation. They also feel it a duty to omit nothing which may accelerate its accom- plishment.

Accession to Federal Union.

They expect, therefore, that the Cantons, laying aside, for the public good, every secondary consideration, will no longer delay their Accession to the Federal Union, freely consented to by a great majority of the Swiss States ; the common interest impe- riously demanding that every part of Switzerland should unite, as soon as possible, under the same Federative Constitution.

The Convention of the 16th August, 1814,* annexed to the Act of the Federal Union, can no longer be an obstacle to their union. Its end being already attained by the Declaration of the Powers, it is in fact annulled.

Amnesty.

To insure still further the repose of Switzerland, the Powers desire that a general Amnesty be granted to all individuals who, led astray at a period of uncertainty and irritation, might have acted in some respect or other contrary to the present order of things. Far from weakening the legitimate authority of Go- vernments, this act of clemency will afford them a new claim to exercise that salutary severity against whoever shall attempt in future to excite disturbance in the country.

Finally, the mediating Powers trust, that the patriotism and the good sense of the Swiss people will point out to them the propriety, as well as the necessity, of mutually obliterating the remembrance of those differences which have divided them, and of consolidating the work of their reorganisation by endeavouring to perfect it, in a spirit conducive to the public good, without any recollection of the past.

The present Declaration has been inserted in the Protocol of the Congress assembled at Vienna, at its sitting of the 19th March, 1815.

* Annulled. 08

No. 9]

GREAT BRITAIN, AUSTRIA, &c. [20 March, 1815.

[Switzerland.]

Done and certified by the Plenipotentiaries of the Eight Powers who signed the Treaty of Paris (No. 1). Vienna, 20th March, 1815.

LE PRINCE DE METTERNICH. LE BARON DE WESSENBERG.

P. GOMEZ LABRADOR.

LE PRINCE DE TALLEYRAND. LE DUC DE D'ALBERG. LATOUR DQPLN. LE COMTE ALEXIS DE NOAILLES.

WELLINGTON. CLANCARTY. CATHCART. STEWART.

LE COMTE DE PALMELLA.

SALDANHA.

LOBO.

LE PRINCE DE HARDENBERG. LE BARON DE HUMBOLDT.

LE COMTE DE RASOUMOFFSKY. LE COMTE DE STACKELBERG. NESSELRODE.

LOWENIIIELM.

Austria.	(L.S.)
	(L.S.)
Spain (Esfagne}	i. (L.S.)
France.	(L.S.)
	(L.S.)
	(L.S.)
	(L.S.)
Great Britain.	(L.S.)
	(L.S.)
	(L.S.)
	(L.S.)
Portugal.	(L.S.)
	(L.S.)
	(L.S.)
Prussia.	(L.S.)
	(L.S.)
Russia.	(L.S.)
	(L.S.)
	(L.S.)
Sweden.	(L.S.)

The Act of Accession of the Swiss Confederation to the above Declaration, signed at Zurich on the 27th May, 1815, formed Annex XIb to the Vienna Congress Treaty of 9th June, 1815.

An Act was also signed by the Protecting Powers (Great Britain, Austria, France, Prussia, and Russia), for the acknowledg- ment of the perpetual Neutrality of Switzerland, at Paris, on the 20th November, 1815, and the Inviolability of its Territory.

69

29 March, 1815.] GREAT BRITAIN, AUSTRIA &c. [No. 10

[Geneva.]

NO. 10.— PROTOCOL of Conference between the Plenipo- tentiaries of the 8 Powers, on the Cessions made by the King of Sardinia to the Canton of Geneva. Signed at Vienna, 29th March, 1815.

[This Protocol formed Annex XII to the Vienna Congress. Treaty of 9th June, 1«15, No. 27.]

Art. Table.

Preamble.

1. Cession of part of ISaeoy.

2. Communication between Geneva and the Valais. tSimplon and Versou

Roads. Passage of Troops.

3. Maintenance and Protection of Catholic Religion.

4. Delivery of Title Deeds of Landed Property, &c.

5. Treaty of 3rd June, 1754, Confirmed ; Article XIII annulled.

6. Conveyance of Articles of Consumption for the Canton of Geneva.

(Translation as laid before Parliament.*) Preamble. The Allied Powers having expressed their earnest desire that certain facilities should be granted to the Canton of Geneva, either for connecting a disjointed part of its possessions, or for opening- its Communications with Switzerland ;

His Majesty the King of Sardinia being anxious on his part, to evince to his high and powerful allies, the great satisfaction which he experiences in rendering them any service in his power, the undersigned Plenipotentiaries have agreed to what follows ;

Cession of Part of Savoy. Simplon Moad.-\ Akt. I. His Majesty the King of Sardinia places at the dis- posal of the High Allied Powers that part of Savoy which is situated between the river Arve, the Rhone, the limits of that part of Savoy occupied by France, and Mount Saleve, as far as Veiry inclusive, together with that part which lies between the high road called the Simplon, the Lake of Geneva, and the present territory of the Canton of Geneva, from Venezas to the point where the River Hermance crosses the said road, and from thence, following the course of that River, to where it enters the

* For French version, see " State Papers," vol. ii, p. 149. t See Protocol of 4 Powers of 3rd November, 1815, Art. V.

70

No. 10] GREAT BRITAIN, AUSTRIA, &c. [29 March, 1815.

[Geneva.]

Lake of Geneva, to the east of the Village of Hermance (the whole of the road of the Simplon continuing to be possessed by His Majesty the King of Sardinia) in order that these countries may be united to the Canton of Geneva ; with the reservation, however, of determining more precisely, by Commissioners respec- tively appointed, their limits, particularly of that part which relates to the demarcation above Veiry and on Mount Saleve.* His Majesty renounces for himself and his successors in perpetuity, all rights of Sovereignty, and other rights which may have belonged to him over all the places and territories comprised in this line, without exception or reservation.

Communication between Geneva and the Valais. Simplon and

Versoy Roads.

Art. II. His Majesty agrees, that the communication between

the Canton of Geneva and the Valais, by the road of the Simplon,

shall be established, in the same manner as it has been agreed to

by France, between Geneva and the Canton of Vaud, by the

route of Versoy.

Passage of Troops.

A free communication shall also be at all times granted for

the Genevese troops, between the territory of Geneva and the

jurisdiction of Jussy, and such facilities shall be allowed as may

be necessary for proceeding by the lake to the road of the

Simplon.

Maintenance and Protection of Catholic Religion.

Art. III. On the other hand, His Majesty feeling reluctant to giving his consent to a part of his territory being united to a State, whose prevailing religion is different, without securing to the inhabitants of the country which he cedes, the enjoyment of the free exercise of their religion, and the means of keeping up their religious establishments, with the full enjoyment of all the rights of citizens ;

It is agreed that,

1. The Catholic religion shall be maintained and protected, in the same manner as at present, in all those communes ceded by His Majesty the King of Sardinia, which are to be united to the Canton of Geneva.

2. Those parishes which are neither dismembered nor divided by the line of the new frontiers, shall retain their present extension,

* Treaty between Sardinia and Switzerland of 16th March, 1816.

71

29 March, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 10

[Geneva.]

and shall be served by the same number of clergymen ; and with regard to the parts dismembered, which may not be sufficiently large to constitute a parish, application shall be made to the Bishop of the diocese, in order to obtain their annexation to some other parish of the Canton of Geneva.

3. If the number of Protestants inhabiting the communes ceded by His Majesty should be less than that of the Catholics, the schoolmasters residing in those communes shall always be Catholics. No Protestant church shall be established, excepting in the town of Carrouge, which shall have one.

Two-thirds of the municipal officers shall be Catholics, and of the three individuals who fill the offices of mayor and his two assistants, two of them shall always be Catholics.

In case it should happen that an equal number of Protes- tants and Catholics should reside in the same commune, the municipal body shall be composed of an equal number of Pro- testants and Catholics, and they shall fill the office of mayor alternately; in this case, however, there must always be a Catholic schoolmaster, even where a Protestant one is already established.

It is not intended by this Article to prevent Protestants residing in a commune inhabited by Catholics, from erecting at their own expense a private chapel, for the exercise of then- religion, if they desire it, or from having, also at their own ex- pense, a Protestant schoolmaster for the private instruction of their children.

4. The funds, revenues, and the administration of religious and charitable institutions, shall remain untouched, and private individuals shall not be prevented from erecting new ones.

5. The Government shall make the same provision as the present Government for the support of the Clergy, and Places of Worship.

6. The Catholic church, now established at Geneva, shall be maintained, as at present, at the expense of the State, as the laws of the Constitution of Geneva have already dececd that a suitable establishment and provision shall be made for the officiating clergyman.

7. The Catholic communes and the parish of Geneva shall continue to form part of the diocese which is to govern the pro- vinces of Chablais and Faucigny ; unless it should be otherwise regulated by the authority of the Holy See.

72

No. 10] GREAT BRITAIN, AUSTRIA, &c. [29 March, 1815.

[Geneva.]

8. The Bishop shall not, under any circumstances, be dis- turbed in his pastoral visits.

9. The inhabitants of a ceded country shall be placed entirely upon the same footing in point of civil and political rights, with the Genevese of the city ; they shall exercise these rights con- jointly with them, excepting, however, the rights of property, of citizenship, or of communes.

10. Catholic children shall be received into the public schooK They shall not be instructed in religion with the Protestants, but separately ; and persons of the Catholic communion shall be appointed for this purpose.

11. The communal property belonging to the new communes, shall be preserved to them, and they shall continue to administer them as hitherto, and to apply the revenues to their use.

12. The new communes shall not be liable to greater taxes than the old communes.

13. His Majesty the King of Sardinia reserves to himself the right of making known to the Helvetic Diet, and to support by means of his Diplomatic Agents accredited to it, every claim to which the non-fulfilment of the above Articles might give rise.

Delivery of Title Deeds of Landed Property, §c.

Art. IV. All title deeds of landed property, and documents concerning ceded effects, shall be given up by His Majesty the King of Sardinia, to the Canton of Geneva, as soon as possible.

Treaty of 3rd June, 1754, Confirmed; Article XIII annulled.

Art. V. The Treaty concluded at Turin, on the 3rd of June, 1754,* between His Majesty the King of Sardinia and the Republic of Geneva, is hereby confirmed, with regard to all those Articles which are not at variance with the present transaction ; but His Majesty, wishing to give the Canton of Geneva a particular mark of his favour, consents nevertheless to annul that part of Article XIII of the above Treaty, which denied to the citizens of Geneva, who since that time have had establishments and pro- perty in Savoy, the privilege of making it their principal resi- dence.

Conveyance of Articles of Consumption for the Canton of Geneva. Art. VI. His Majesty consents, from the same motives, to

* See Appendix. 73

29 March, 1815.] GREAT BRITAIN, AUSTRIA, &o.

[Geneva.]

[No. 10

make arrangements with the Canton of Geneva, for facilitating the conveyance from his states of articles intended for the con- sumption of the Town and Canton. Vienna, 29th March, 1815.

Sardinia

Austria.

(L.S.)

Espagnk (Spain). (L.S.)

France.

Great Britain

Portugal.

Prussia.

Russia.

Sweden.

(L.S.) DeST.MARSAN.

(L.S.) Le PRINCE DE METTERNICH. Le BARON DE WESSENBERG.

P. GOMEZ LABRADOR.

(L.S.) Le PRINCE DE TALLEYRAND.

(L.S.) Le DUC DE DALBERG.

(L.S.) Le GTE. ALEXIS DE NOAILLES.

(L.S.) CLANCARTY.

(L.S.) CATHCART.

(L.S.) STEWART, Lieut. -General.

(L.S.) Le CTE. DE PALMELLA. (L.S.) A. DE SALDANIIA DA GAMA. (L.S.) LOBO DA SILVEIRA.

(L.S.) Le PRINCE DE IIARDENBERG. (L.S.) Le BARON DE HUMBOLDT.

(L.S.) Le CTE. DE RASOUMOFFSKY. (L.S.) Le CTE. DE STACKELBERG. (L.S.) Le CTE. DE NESSELRODE.

(L.S.) Le CTE. DE LOWENHIELM.

74

No. 11] GREAT BRITAIN, AUSTRIA, &c. [March, 1815.

[Navigation of Rivers.]

No. 11.— REGULATIONS for the Free Navigation of Rivers. Vienna, March, 1815.

[These Regulations formed Annex XVI to the Vienna Congress Treaty of 9th June, 1815, No. 27, and were embodied in that Treaty as Articles CVIII to CXVL]

Articles concerning the Navigation of the Rivers 'which, in their navigable course, separate or cross different States.

Aut. Table.

1. General Arrangements.

2. Principles. Liberty of Navigation.

3. Uniformity of System. Duties. Police.

4. Tariff.

5. Offices for the Collection of Duties.

6. Towing-paths.

7. Harbour Duties.

8. Custom Houses.

9. Regulation.

Articles concerning the Navigation of the Rhine.

1. Free Navigation.

2. Duties.

3. Tariff.

4. Tariff not to be augmented, except by Mutual Consent.

5. Offices for collection of Duties.

6. Collection and Division of Duties.

7. Towing-paths, &c.

8. Courts of Justice.

9. Appeals to Higher Tribunals.

10. Central Commission of Control.

11. Formation of Central Commission of Control.

12. Inspectors.

13. Choice of Chief Inspector.

14. Appointment of Inspectors for Life. Pensions and Trial by Court of

Justice.

15. Duties of Chief Inspector.

16. Reports to be made by Inspectors.

17. Decisions of Central Commissions.

18. Salary of Inspectors.

19. Suppression of Staple Duties.

20. Police.

21. Companies or Boatmen not to enjoy any exclusive Rights.

22. Custom Houses not to interfere with Navigation Duties.

75

March, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 11

[Navigation of Rivers.]

Akt. Table {continued).

23. Custom House Boats and Flags.

24. Duties on Navigation not to be farmed out.

25. No exemption or abatement of Duties admitted.

26. Neutrality in the event of War.

27. Definitive Detailed Regulations to be framed.

28. Payment of permanent Rents in Duties.

29. Pensions of Officers and Relief to Widows and Orphans. Payments by

France.

30. Pensions to Receivers of Duties.

31. Formation of Central Commission.

32. Duties of Central Commission.

Articles concerning the Navigation of the Necker, the Mayne, the Moselle, the Meuse, and the Scheldt.

1. Freedom of Navigation.

2. Storehouse and Harbour Duties on the Necker and Mayne abolished.

3. Duties on the Necker and Mayne.

4. Duties on the Moselle and Meuse. New Regulations to be framed.

5. Repair of Towing Paths.

6. Rights of Navigation on the Rhine, and on the Necker, Moselle, and

Meuse, by subjects of either State.

7. Further Regulation of the Navigation of the Scheldt.

(Translation as laid before Parliament.*)

General Arrangements.

Art. I. The Powers whose States are separated or traversed by the same navigable Kiver, engage to regulate, by common consent, all that regards its Navigation. For this purpose they will name Commissioners, who shall assemble, at latest within six months after the termination of Congress, and who shall adopt, as the bases of their proceedings, the following princi- plesf : —

Principles. — Liberty of Navigation.

Art. II. The Navigation of the Rivers, along their whole course, referred to in the preceding Article, from the point where each of them becomes navigable, to its mouth, shall be entirely free, and shall not, in respect to Commerce, be prohibited to any one ; it being, however, understood, that the Regulations established with regard to the Police of this Navigation, shall be respected ; as they will be framed alike for all, and as favourable as possible to the Commerce of all Nations.

* For French version, see " State Papers," vol. ii, p. 162. t See Regulations of 31st March, 1831.

76

No. 11] GREAT BRITAIN, AUSTRIA, &c. [March, 1815.

[Navigation of Rivers.]

Uniformity of System. Duties. Police.

Art. III. The system that shall be established, both for the collection of the Duties and for the maintenance of the Police, shall be, as nearly as possible, the same along the whole course of the River ; and shall also extend, unless particular circum- stances prevent it, to those of its Branches and Junctions, which, in their navigable course, separate or traverse different States.

Tariff.

Art. IV. The Duties on Navigation shall be regulated in an uni- form and settled manner, and with as little reference as possible to the different quality of the merchandise, in order that a minute examination of the cargo may be rendered unnecessary, except with a view to prevent fraud and evasion. The amount of the Duties, which shall in no case exceed those now paid, shall be determined by local circumstances, which scarcely allow of a general rule in this respect. The Tariff shall, however, be pre- pared in such manner as to encourage Commerce by facilitating Navigation, for which purpose the Duties established upon the Rhine, and now in force on that River, may serve as an approxi- mating rule for its construction.

The Tariff once settled, no increase shall take place therein, except by the common consent of the States bordering on the Rivers; nor shall the Navigation be burthened with any other Duties than those fixed in the Regulation.

Offices for the Collection of Duties.

Art. V. The offices for the collection of Duties, the number of which shall be reduced as much as possible, shall be settled in the above Regulation; and no change shall afterwards be made but by common consent, unless any of the States bordering on Rivers should wish to diminish the number of those which exclu- sively belong thereto.

Towing-paths.

Art. VI. Each State bordering on the Rivers shall be at the expense of keeping in good repair the Towing-paths which pass through its territory, and of maintaining the necessary works through the same extent in the bed of the River, in order that no obstacle may be experienced in the Navigation.

The intended Regulation shall determine the manner in which

77

March, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 11

[Navigation of Rivers — Rhine.]

the States bordering on Rivers are to participate in these latter works, where the opposite Banks belong to different Govern- ments.

Harbour Duties.

Art. VII There shall nowhere be established Storehouse, Port or Forced Harbour Duties : those already existing shall be preserved for such time only as the States bordering on the Rivers (without regard to the local interest of the place or the country where they are established) shall find thorn necessary or useful to Navigation and Commerce in general

Custom Houses.

Art. VIII. The Custom Houses belonging to the gtates border- ing on Rivers shall not interfere in the Duties of Navigation. Regulations shall be established to prevent officers of the Customs, in the exercise of their functions, throwing obstacles in the way of the Navigation ; but care shall be taken, by means of a strict Police, on the Bank, to preclude every attempt of the inhabitants to smuggle goods, through the medium of boatmen.

Regulation.

Art. IX. Everything- expressed in the preceding Articles shall be settled by a general arrangement, in which there shall also be comprised whatever may need any ulterior determination.

The arrangement once settled, shall not be changed, but by and with the consent of all the States bordering on Rivers, and they shall take care to provide for its execution, with due regard to circumstances and locality.

D'ALBERC. CLANCARTY. HUMBOLDT. WESSENBERG.

Navigation of the Rhine. Articles concerning the Navigation of the Rhine. Free Navigeition. Art. I. The Navigation of the Rhine, along its whole course, from the point where it becomes navigable to the sea, either in ascending or descending, shall be entirely free, and shall not, in respect to Commerce, be prohibited to any one : due regard, how- ever, being had to the regulations established with respect to its

78

No. 11] GREAT BRITAIN, AUSTRIA, &c. [March, 1815.

[Navigation of Rivers — Rhine.]

police, which shall be framed alike for all, and as favourable as possible to the commerce of all nations.

Duties.

Art. II. The system to be adopted for the Collection of the

Duties, as well as for the maintenance of the Police, shall be the

same along' the whole course of the River, and shall extend, as

far as circumstances may permit, to those of its Branches and

Junctions which, in their navigable course, separate or traverse

different States.

Tariff.

Art. III. The Tariff of Duties to be levied on merchandise con- veyed along the Rhine shall be so regulated that the whole amount of duty to be paid between Strasburg and the frontier of the Kngdom of the Netherlands, shall be, in passing up the River two francs, and in passing clown the River one franc and 33 centimes, per hundred-weight ; and that the levying of this Tariff shall be extended (increasing the amount of duty in the same proportion) to the distances between Strasburg and Basle, and between the frontier of the Kingdom of the Netherlands and the mouths of that River.

The duty of reconnaissance shall remain as fixed by Article XCIV of the Convention, relative to Duties on the Navigation of the Rhine concluded at Paris the 15th of August, 1804 ;* with the reservation, however, of making such other alteration in the scale of duties, as that boats from 2,500 to 5,000 quintals, shall be included therein. But this duty shall also extend, in the same proportion, to the above-mentioned distances.

The abatements of the general Tariff, which established the maximum of Duties fixed by Articles CII — CV of the Conven- tion of the 15th August 1804, shall remain in force ; but the Commission to be charged with settling the new Regulations shall consider whether their distribution into different classes will not require alterations still more favourable, as well to naviga- tion and commerce, as to agriculture and the wants of the inhabitants of the States of the Rhine.

Tariff not to be augmented except by Mutual Consent.

Art. IV. The Tariff thus settled shall not be augmented but by mutual consent, and the Governments on the Rhine, adopting

* See Appendix. 79

March, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 11

[Navigation of Rivers — Rhine.]

for a principle, that their true interest consists in encouraging" the Commerce of their States, and that the Duties on Navigation should chiefly be appropriated to defraying the expenses of its preservation, formally engage not to increase the same but for the most just and urgent reasons, nor to impose any other Duties whatever on navigation, in addition to those fixed by the present Regulations, under any denomination or pretext whatsoever.

Offices for Collection of Duties.

Art. V. There shall be only twelve Offices for the collection of Duties, throughout the whole extent of the Rhine between Strasburg and the frontier of the Kingdom of the Netherlands ; and those which it may be expedient to establish between Stras- burg and Basle shall be fixed, according to the same principles, and at proportionate distances. The Offices shall be placed in the most convenient manner for navigation, and their number shall be settled by common consent. Each State bordering on the River shall, however, be allowed to diminish the number exclusively assigned to it by the existing arrangement.

Collection and Division of Duties.

Art. VI. The Duty shall be collected, in each State bordering on the River, on its own account and by its own Collectors ; the whole of the Duties being distributed in proportion to the extent of the respective possessions of the different States on the bank. The Collectors shall make oath to observe strictly, the Regulation definitively agreed upon. If the same Office is employed by two or more States, the proceeds shall be divided between them according to the extent of their respective possessions on the bank ; this rule shall apply also in case the opposite banks should belong to two different States. Every thing relating to the esta- blishment of the Offices, to the mode of collecting, and of verifying the payment of the Duties, shall be settled in an uniform manner by the definitive Regulation, and shall not be changed but by common consent.

Towing-paths^ <J-c.

Art. VII. Each State of the Rhine shall be at the expense of keeping the Towing-paths which pass through its territorj7 in good repair, and of maintaining the necessary works through the same extent in the channel of the River, in order that no obstacle may be experienced to the navigation.

80

No. 11] GREAT BRITAIN, AUSTRIA, &c. [March, 1815.

[Navigation of Rivers — Rhine.]

Courts of Justice.

Art. VIII. A Judicial Authority shall be attached to each Office for the Collection of Duties, for the purpose of investigating and determining, agreeably to the regulation, in the First Instance, all disputes relating to the objects therein mentioned. These Judicial Authorities shall be maintained at the expense of that State of the Rhine in which they are situated, and shall pro- nounce sentence in the name of their Sovereigns ; but the indivi- duals who compose them, shall make oath strictly to observe the regulation, and the Judges shall not be deprived of their situations unless by a regular and formal process, and by a judgment given against them. Their proceedings shall be determined in the regu- lation, and shall be uniform along the whole course of the Rhine, and as summary as possible.

Where an Office for the Collection of Duties shall belong to more than one State, individuals invested with the judicial func- tions shall be nominated by the Sovereign in whose territory the office in question is situated, and judgment shall be given in His name ; but the expenses shall be defrayed by those States who divide the receipts of such office, and in proportion to the share which accrues to them.

Appeals to Higher Tribunals.

Art. IX. Parties wishing to appeal against the decisions of the Courts of Justice specified in the preceding Article, shall have the option of applying for this purpose to the Central Commission hereafter mentioned, or to the Superior Tribunal of the country in which the Court of First Instance, before which they shall have pleaded, is situated. Each State of the River engages to establish a similar Tribunal of Second Instance, or to refer the decision of causes of this nature to one of those already existing. These Tribunals shall likewise make oath to observe the Law concerning Navigation. Their organization and mode of proceeding shall form part of the regulation, and they shall not hold their meetings in a town situated too far from the bank of the Rhine. The regula- tion shall contain the particular arrangements for that purpose. Their sentences shall be final, and no further appeal shall be

allowed.

Central Commission of Control.

Art. X. In order to establish a perfect control over the observance of the general regulation, and to constitute an autho-

81 g

March, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 11

[Navigation of Rivers — Rhine.]

rity which may serve as a means of communication between the States of the Rhine upon all subjects relating to Navigation, a Central Commission shall be appointed.

Formation of Central Commission of Control.

Art. XI. Each State bordering on the Rhine shall name a Commission for its formation : and it shall assemble regularly at Mayence on the 1st November in each year. They shall judge according to circumstances, and the business upon which they may have to decide, whether after this session, it will be neces- sary to hold another in the spring.

The President, who without any other prerogative, shall be employed in the general management of the labours of the Com- mission, shall be chosen by ballot, and replaced every month, in case the session should be prolonged. Another member of the Commission, who shall be chosen by the members, shall keep the minutes of their proceedings.

Inspectors.

Art. XII. In order that a permanent authority may exist, which, in the absence of the Central Commission may super- intend the observance of the regulation, and to which the mer- chants and boatmen may at all times refer, there shall be named a Chief Inspector and three Deputy Inspectors.

The Chief Inspector shall also reside at Mayence ; the Deputy Inspectors shall be appointed for the Upper, Middle, and Lower Rhine.

Choice of Chief Inspector.

Art. XIII. The Chief Inspector shall be chosen by the Cen- tral Commission, by a majority of votes, but in the following manner :

A certain number of votes shall be given ; of which the Prussian Commissioner shall have one-third ; the French Com- missioner one-sixth ; the Commissioner of the Netherlands one- sixth ; and that of the other German Princes, excepting Prussia, one-third.

The distribution of the votes of these Princes shall be regu- lated as soon as the whole bank of the Rhine shall have been finally disposed of ; but the distribution shall be made propor- tionately to the extent of their respective possessions on the bank. The three Deputy Inspectors shall be chosen; the

82

No. 11] GREAT BRITAIN, AUSTRIA, &c. [March, 1815.

[Navigation of Rivers — Rhine.]

first by Prussia, the second, alternately by France and the Netherlands, and the third by the other German Princes, joint possessors of the bank, who shall agree upon the mode of making this appointment.

Appointment of Inspectors for Life. Pensions and Trial by Court

of Justice.

Art. XIV. The Appointments, as well of the Chief Inspector as of the Deputy Inspectors, shall be for life.

If the Commission should deem it expedient to remove one of its officers, from being dissatisfied with his services, it shall be put to the vote whether he shall be merely replaced by another, or brought to trial. In the former case, which likewise applies to retirement in consequence of infirmity, the individual shall retire upon a pension, amounting to half his salary, should he not have served ten years ; and two-thirds of it if he has served ten years or upwards. This pension shall be paid in the same manner as the salary.

In the second case, the Commission shall determine, in the manner prescribed by Article XVII, by which Courts of the First and Second Instance he shall be tried.

The individual shall be entitled to the pension if he is fully acquitted ; and on the other hand, he shall be proceeded against according to the sentence which shall have been passed upon him. Whenever the Commission shall vote upon the question of removing any of the Inspectors, the votes shall be given in the manner determined upon in Article XIII ; but the individual cannot be deprived of his situation, unless two-thirds of the number of votes determined upon, shall be against him.

Duties of Chief Inspector. •

Art. XV. The Duties of the Chief Inspector, assisted by the Deputy Inspectors, are to superintend the fulfilment of the regu- lation, and to arrange everything relating to the police of the navigation. It will therefore be his right and his duty to issue orders on this subject to the Offices for collecting duties, and to communicate with the other local authorities of the States bor- dering on the Rhine. Persons employed in the offices, and the local authorities, shall obey and assist him in everything con- cerning the observance of the regulation, and shall not oppose the execution of his orders, unless he shall exceed the limits of

83 g 2

March, 1815.] GREAT BRITAIN, AUSTRIA, &c [No. 11

[Navigation of Rivers — Rhine.]

his authority. In this case, they shall immediately make it known to their superiors.

The Chief Inspector shall likewise collect every information which may be necessary for the Central Commission regarding the state and defects of the navigation, and shall submit to them such measures as he may consider advisable to be adopted. On pressing occasions, he shall be at liberty, and it will be his duty, to hold a correspondence with its members, even when they are not sitting.

Reports to be made by Inspectors.

Art. XVI. The Central Commission shall direct the Inspectors to report to them an. account of their proceedings ; they shall assist them in their duties, and superintend the manner in which they are performed ; they shall at the same time attend to all matters that may contribute to the general interests of naviga- tion and commerce, and shall publish, at the close of every year, a detailed report of the state of the navigation of the Rhine, its annual movement, its progress, the changes which may take place, and of everything relating to domestic and foreign com- merce.

Decisions of Central Commissions.

Art. XVII. The Decisions of the Central Commission shall be had by an absolute majority of votes, which shall be given in perfect equality : but as its members should be considered as agents of the States of the Rhine, charged with making arrange- ments for their mutual interests, their decisions shall not be binding upon these States until their consent shall have been given by their Commissioners.

Salary of Inspectors.

Art. XVIII. The Salary of the Chief Inspector and of the Deputy Inspectors, but not that of the Commissioners, who may be merely temporary agents, shall be fixed by the regulation. It shall be at the joint expense of all the States bordering on the Rhine, who shall contribute in proportion to the part which they take in their nomination. The regulation shall contain everything relating to the future establishment of the Central Commission, and of its permanent administration, and shall de- termine, in a precise and detailed manner, all its functions and privileges.

84

No. 11] GREAT BRITAIN, AUSTRIA, &c. [March, 1815,

[Navigation of Rivers — Rhine.]

Suppression of Staple Duties.

Art. XIX. The Staple Duties having been suppressed by Article VIII of the Convention of the 15th August, 1804,* that suppression is hereby extended to the duties which the towns of Mayence and Cologne levied, under the denomination of Harbour and Port Duties, and on breaking bulk (Umschlag), so that indi- viduals shall be at liberty to navigate along the whole course of the Khine, from the point where it becomes navigable to where it falls into the sea, either in passing up or down the river, without being compelled to break bulk, or to remove the cargoes into another vessel, in any port, town, or place whatever.

Police.

Art. XX. A superintending Police shall, however, be ap- pointed for the prevention of fraud, where vessels are laden or unladen, as well as where cargoes are shifted ; and the crane, quay, and storehouse duties in places where such accommodations exist, or where they may hereafter be erected, shall be fixed by the regulation, in an uniform manner, and they shall not after- wards be augmented but by common consent.

Companies or Boatmen not to enjoy any Exclusive Rights.

Art. XXL No Company, much less any qualified Boatman (in places where there are no Companies), shall in any of the States of the Rhine exercise any exclusive right of navigation on thua river, or on any part of it. The subjects of any one of these States may continue to be members of a Company in any other of the States.

Custom-houses not to interfere with Navigation Duties.

Art. XXII. The Custom-houses of the States of the Ehine being unconnected with the Duties on Navigation, shall not inter- fere with the collection of the latter. The definitive regulation shall contain the necessary arrangements to prevent the superin- tending Officers of the Customs from throwing obstacles in the way of the navigation.

Custom-house Boats and Flags.

Art. XXIII. The Custom-house Boats and small craft shall bear the Flag of the State to which they belong, but in order to

* See Appendix. 85

March, 1815.] great Britain, Austria, &c. [No. 11

[Navigation of Rivers — Rhine.]

denote their belonging to the Customs, the word "Rhemis" shall be inscribed upon it.

Duties on Navigation not to be farmed out.

Art. XXIV. The Duties on the navigation of the Rhine shall never be fanned out, either wholly or partially.

No Exemption or Abatement of Ditties admitted. Art. XXV. No demand of exemption or abatement of Duties shall be admitted, either by the Overseers of the Customs or even by the Central Commission, whatever may be the nature, origin, or destination of the boats, effects, or merchandise, and to what- ever individuals, bodies, towns, or States either of them may be- long, or for whatever service, or on whose account soever the same may be shipped.

Neutrality in the event of War.

Art. XXVI. If it should happen (which God forbid) that War should break out among any of the States of the Ehine, the col- lection of the Customs shall continue uninterrupted, without any obstacle being thrown in the way by either party.

The Vessels and persons employed by the Custom-houses shall enjoy all the rights of Neutrality. A guard shall be placed over the offices and chests belonging to the Customs.

Definitive Detailed Regulations to be framed. Art. XXVII. The existing Commission, having been obliged to confine itself to the establishing of the most general principles, without entering into the details necessary to be regulated, all particular arrangements, and especially those relating to the Tariff of Duties, to that adopted for merchandise in general, and also to that for goods which, being of a general description, pay smaller duties ; the situation of the Offices for the Collection of Duties, their internal management, and mode of collection ; the organiza- tion of judicial authorities of the First and Second Instance, and their mode of proceeding ; the preservation of the Towing'-paths and the works in the bed of the River ; the Manifests ; the Gaug- ing, and designation of Boats and Floats of wood ; the weights, measures, and coins to be used, and their proportions and valua- tion ; the Police of the ports for shipping, unloading, or shifting cargoes ; the Companies of watermen, the requisite qualifications

86

No. 11] GREAT BRITAIN, AUSTRIA, &c. [March, 1815,

[Navigation of Rivers — Bhine.]

for watermen ; the greater and lesser navigation, if such a distinc- tion, which no longer exists in the sense given to it by the Con* vention of 1804, should be maintained under other circumstances and for other reasons ; the scale of charges for Freight ; Contra- ventions ; the separation of OCces for the Navigation, of the Custom-houses, &c, &c, shall be determined in the Definitive Regulations, which shall be framed in the manner hereafter mentioned.

Payment of Permanent Rents on, Duties. Art. XXVIII. The regulations of Articles IX, XIV, XVII, XIX, and XX of the Principal Beces of the Extraordinary Depu- tation of the Empire of the 25th of February, 1803*, concerning the Peimanent Rents, directly assigned upon the produce of the duties on the navigation of the R"hine, shall be continued. For this pur- pose—

1. The German Governments, joint possessors of the banks of the Rhine, charge themselves with the payment of the above Rents, reserving, however, to themselves the power of purchasing such Rents, according to Article XXX of the Beces, either at 2^ per cent., or by any other arrangement upon which the parties concerned may mutually agree.

2. Cases are excepted from the general principle, concerning the Payment of the Rents mentioned in the preceding paragraph, where there shall exist peculiar and legal objections against the claiming of such Rents. These cases shall be considered and de- termined upon, as mentioned in the following paragraph :

3. The adoption of the principle mentioned in the first para- graph, relative to the various claims, and the decisions concerning exceptions referred to in the second paragraph, shall be entrusted to a Commission, composed of five persons, whom the Court of Vienna, at the desire of the German Governments, joint possessors of the bank of the River, shall nominate, by choosing, as far as may be practicable, individuals who have been members of the Aulic Council of the Empire, and are still here.

This Commission shall settle this matter in the most just and equitable manner, and the Governments from whom such Rents are due promise to abide by such decision without any appeal or objec- tion whatever.

4. The above-mentioned Commission shall inquire into the right of demanding arrears of Rents, and shall decide on the

* See Appendix. 87

March, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 11

[Navigation of Rivers — Rhine.]

principle whether the possessors of the bank of the Rhine are liable to pay these arrears, or whether the application of this principle, if admitted by the Commission, applies to the various claims of arrears in particular. Its labours shall terminate in three months from the day of its assembling.

5. If the Commission shall decide that the arrears should be paid, and shall fix the instalments, the Central Commission shall regulate the mode of payment, in such manner that the debiting Governments shall have the option either of discharging the same in 10 successive years, at the rate of one-tenth each year, or of transferring them, analogous to the 30th of the Re'ces, at 2^ per cent., into Rents, in addition to those which the Governments to whom they belong actually possess.

The Central Commission shall likewise decide whether, and in what proportion, France ought to contribute to the payment of these arrears.

6. All Payments decided on by the present Article are to be made half-yearly.

The Central Commission shall fix the manner in which these Payments shall be made, favouring', as much as possible, those to whom the said Rents belong, and the debiting Governments shall contribute to them in proportion to their share of the duties. This proportion shall be definitive^ arranged by the Central Commission at its first meeting, on the average of the amount of a year's receipts of the different offices of collection which have existed during the first six j^ears from the time of the Convention of 1804* having been in force.

Pensions of Officers and Relief to Widows and Orphans. Art. XXIX. The regulations comprehended in the Articles LXXIII— LXXVIII of the Convention of the 15th August, 1804,* concerning a fund to be appropriated to the payment of Pensions on retirement, and to the relief of Widows and Children of Government officers, the number of vacancies, and the right of superannuation, as well as the amouut of the Pensions, and the relief to be granted to Widows and Orphans, being intimately connected with the general receipt of duties, shall immediately cease, and the business of granting Pensions on the retirement of officers of the Customs, and relief to their Widows and Orphans, is left to the discretion of each particular State bordering on the River.

# See Appendix. 88

No. 11] great BRITAIN, AUSTRIA, &c. [March, 1815

[Navigation of Rivers — Rhine.]

Pensions. Payments by France. The Central Commission shall nevertheless be employed im- mediately on its opening in arranging with France the restitution of the Fund, formed in virtue of Article LXXIII of the Conven- tion, for the drawback of 4 per cent, upon salaries, which has been paid into the sinking fund ; and the French Government engages to make the restitution as soon as the amount of this Fund shall have been liquidated by the Central Commission.

This restitution being made, the Commission shall consider what Pensions and relief are still to be paid out of this Fund, and shall assign them according to the principles established by the Convention of 1804.*

Individuals who* have been employed in the tax-office, and to whom, in consequence of the new arrangements, proper situa- tions cannot bo given, or who shall allege such reasons for not accepting such situations as the Central Commission shall deem sufficient, shall have Pensions and Allowances granted to them conformably to the principles established by Article LIX of the Reces of the Empire of 1803.*

Pensions to Receivers of Duties.

Art. XXX. The Pensions granted to the receivers of duties, discontinued by Article XXXIX of the Reck of 1803,* shall be paid by the German Governments, joint possessors of the bank of the River. Those which have been legally granted since the period at which the duties on navigation have been in force, shall also be paid ; but the Central Commission shall investigate and determine in what proportion the Governments, joint proprietors of the bank (the kingdom of the Netherlands, however, excepted), shall contribute to these Payments.

It shall discharge the amount of all these Pensions, and final^ settle the scale by which such Payments shall be regulated.

The payment of these Pensions, as well as of those mentioned in Article XXIX, shall be regulated in the manner fixed by the 6th paragraph of Article XXVIII, for the payment of Rents.

Formation of Central Commission. Art. XXXI. As soon as the general principles for the naviga- tion of the Rhine shall have been laid down by the Congress the States of the Rhine shall appoint persons for the formation of the Central Commission ; and this Commission shall assemble

* See Appendix. 89

March, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 11

[Navigation of Bivers — Rhine.]

at latest, on the 1st of June this year, at Mayence. At the same time the present Provincial Administration shall deliver up the direction with which they have been charged, to the Central Commission, and to the authorities of the States of the Rhine ; the partial collection of the duties shall be substituted for the general collection, and the}' shall publish, in the name of all the States of the Rhine, a temporary instruction, by which it shall be ordered, that until the completion and final approval of the new regulation, the Convention of the 15th August, 1804, shall be observed ; it being distinctly pointed out, which of its Articles are already annulled by the present arrangements, and what other arrangements ought immediately to be adopted in lieu of

them.

Duties of Central Commission.

Art. XXXII. As soon as the Central Commission shall have assembled it shall occupy itself :

1. In drawing up the Regulations for the navigation of the Rhine. It is sufficient to observe here, that the present Articles shall serve as a guide to them, and that the points which the regulations are to embrace, are mentioned as well in the present instrument, as in the Convention of the 15th August, 1804, and that care must be taken to retain whatever is good and useful in that Convention.

When the regulations are completed, they shall be submitted to the Governments of the Rhine for their approbation, and until such approbation shall have been given, the new order of things shall not commence, nor shall the Central Commission enter upon its regular duties.*

2. In acting for the present Central Administration, where it shall be necessary, until the publication of the new Regulations.

D'ALBERG.

CLANCARTY.

WREDE.

TTJRCKHEIM.

BERCKHEIM.

DE MARSCHALL.

SPAEN.

HUMBOLDT.

WESSENBERG.

* See Convention of 31st March, 1831. 90

No. 11] GREAT BRITAIN, AUSTRIA, &c. [March, 1815.

[Navigation of Rivers — Necker, &c]

ARTICLES concerning the Navigation of the Necker, the Mayne, the Moselle, the Meuse, and the Scheldt.*

Freedom of Navigation. Art. I. The same Freedom of Navigation that has been granted for the Rhine, shall be extended to the Necker, the Mayne, the Moselle, the Meuse, and the Scheldt, from the point where each of them becomes navigable, to their mouths.

Storehouse and Harbour Duties on the Necker and Mayne abolished. Art. II. Storehouse and forced Harbour Duties, on the Necker and the Mayne, are and shall continue abolished, and all qualified watermen shall be allowed to navigate along the whole extent of these Rivers, in the same manner that such liberty has been re- stored by Article XIX, on the Rhine.

Duties on the Necker and Mayne. Art. III. The Tolls levied on the Necker and the Mayne shall not be increased ; on the contrary, the Governments, joint pos- sessors of the bank, engage to reduce them, in case they should exceed the Tariffs in use in 1802, to the rates of those Tariffs. They likewise engage not to burthen navigation by any new imposts whatever, and will meet, as soon as possible, to arrange a Tariff as similar to the duties levied on the Rhine, as circum- stances may permit.

Duties on the Moselle and Meuse. Art. IV. The Duties now levied on the Moselle and the Meuse, in pursuance of the decree of the French Government of the 12th November, 1806, and of the 10th Brumaire of the year 14, shall not be increased ; on the contrary, the Governments, joint possessors of the bank, engage to reduce them, in case they are higher than those levied on the Rhine, to the same rate.

New Regulations to be framed. This engagement not to increase the present Tariffs, refers, however, only to the amount and maximum of duties ; the Govern- ments expressly reserving to themselves the power of fixing, by new Regulations, everything relative to the division into different classes of such merchandise as is subject to a lower Tariff ; to the difference now established for passing up and down the River at the Custom-houses ; to the mode of collection ; to the police of

* The Scheldt Toll was redeemed by the Treaty between Great Britain, &c., and Belgium, of 16th July, 1863.

91

March, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No, 11

[Navigation of Rivers — Necker, &c]

the navigation ; or to any other subject requiring- ulterior deter- mination.

This Regulation shall be made to correspond, as nearly as possible, with that of the Rhine ; and the better to insure such uniformity, it shall be drawn up by those Members of the Central Commission of the Rhine, whose Governments shall also have possessions on the banks of the Moselle and the Meuse.

No increase shall take place in the Tariff to be finally settled

by the new Regulation unless a similar increase shall be considered

necessary on the Rhine, and that only in the same proportion ;

and no other part of the regulation shall be altered but by common

consent.

Repair of Towing-paths.

Art. V. The States of the Rivers specified in Article T, engage

to keep the Towing-paths in repair, as well as the necessary

works in the beds of the Rivers, in the same manner as agreed

upon in Article VII for the Rhine.

Rights of Navigation on the Rhine and on the Necker, Moselle, and Mense, by Subjects of either State. Art. VI. The subjects of the States of the Rivers Necker, the Mayne, and the Moselle, shall enjoy the same Rights of Naviga- tion on the Rhine, and Prussian subjects on the Meuse, as the subjects of the States of the last two Rivers ; paying due regard, however, to the regulations therein established.

Future Regulation of the Navigation of the Scheldt.

Art. VII. Everything relating to the Navigation of the Scheldt, which may need ulterior arrangement, besides the freedom of Navigation on this River, specified in Article I, shall be definitively regulated in a manner the most favourable to Commerce and Navi- gation, and the most analogous to the regulations established on the Rhine.

D'ALBERG.

COUNT KELLER.

CLANCARTY.

WREDE.

TURCKHEIM.

DANZ.

BERCKHEIM.

DE MARSCHALL.

SPAEN.

THE BARON LINDEN, subject to the ap- probation of His Majesty the King-.

WESSENBERG. 92

No. 11] GREAT BRITAIN, AUSTRIA, &c. March, 1815.

[Navigation of Rivers, &c]

For Treaties, &c, relative to Free Navigation of other Rivers, see : —

Treaty between Great Britain, Prussia, &c, respecting the Navi- gation of the Elbe, of 23rd June, 1821.

[The Elbe Duties were abolished by a Treaty between Austria and Germany, of 22nd June, 1870.]

Convention between the 5 Powers and Turkey, relative to the Passage of the Dardanelles and Bosphorus, of 13th July, 1841 ; and Treaty of 31st March, 1871.

Convention between the Elbe bordering States, respecting the Stade or Brunshausen Toll, of 13th April, 1844.

Treaty between Austria, Modena, and Bavaria, respecting the Navigation of the Po, of 3rd July, 1849.

Treaty between the European Powers, respecting the Navigation of the Danube, of 30th March, 1856.

Treaty between Austria, Prussia, and the United Principali-

ties, respecting the Navigation of the Pruth, of ^ December, I860 ; and Regulations of April, 1870.

Treaties between Great Britain, &c, and Denmark, for the re- demption of the Sound Dues, of 14th March, 1857.

Treaty between the European Powers, respecting the Navigation of the Black Sea and Danube, of 13th March, 1871.

See also Index to Subjects (Rivers, &c.) in Hertslet's Treaties, vol. xii, p. 130.

93

3 May, 1815] AUSTRIA AND RUSSIA. [No. 12

[Poland.]

No. 12. — TREATY between Austria and Russia, relative to Poland* Signed at Vienna, j££j^, 1815.

[This Treaty formed Annex I to the Vienna Congress Treaty of 9th June, 1815, No. 27.]

Aht. Table.

Preamble. Consolidation of the Welfare of the Poles.

1. Restitution by Russia to Austria of Districts separated from Eastern

Galicia.

2. Wieliczha and its Salt Mines to be possessed by Austria.

3. Frontier between Galicia and Russia.

4. Cracow declared to be a Free Town under the protection of Austria,

Prussia, and Russia.

5. Part of Duchy of Warsaio to be united to Russia. Title of King of

Poland to be borne by the Czar. Poles to receive Representative and National Institutions. G. Emigration. Inhabitants and Landowners free to leave the Country and sell their Property.

7. Poland. General Amnesty.

8. Poland. Sequestrations to be removed. Prosecutions to be Annulled.

9. Poland. Exceptions to preceding Article.

10. Condition of Mixed Subjects as to Property.

11. Declaration as to intention of Domicile of Mixed Subjects.

12. Declaration to be made by Guardians of Minors.

13. Neglect to make Declaration.

14. Term within which New Declaration can be made.

15. Sale or Transfer of Property of Mixed Subjects. 10. Limitation to Sale or Transfer of Property.

17. Acquisition of Property by Inheritance, &c.

18. Declaration to be made by Persons acquiring Property by Inheritance, &c.

19. Freedom of Mixed Subjects to pass from one to the other State.

20. Privileges of Proprietors of Estates divided by the Frontier.

21. Privileges of Shepherds and Drovers.

22. Legal Jurisdiction.

23. Sovereignty over Mills, &c, on Frontier Rivers.

24. Freedom and Navigation of Riven and Canals.

25. Duties on Navigation.

26. Commissioners to regulate Dalies on Navigation.

27. Duration of Commission.

28. Liberty of Transit between Brodi/ and Odessa.

29. Commissioners to regulate Tariffs.

30. Payment by Russia to Austria on account of Ancient Polish Debt.

* By a Russian Manifesto of ^fth February, 1832, the Kingdom of Poland was declared to be perpetually united to the Russian Empire, and to form an integral part thereof. The British Government protested against this Manifesto on the 3rd July, 1832, as being an infraction of the Vienna Congress Treaty.

94

No. 12] AUSTRIA AND RUSSIA. [3 May, 1815.

[Poland.]

Art. Table.

31. Renunciation by Austria of all other Loans and Debts.

32. Mode of Payment on account of Ancient Polish Debt.

33. Austria to provide for one-ninth part of New Debts of Duchy of Warsaio. 31. Appointment of Commission to regulate the Balances due by Foreign

States to the Accounts of respective claims of Contracting Parties, and the claims of subjects against their Grovernments.

35. Appointment of Committee for the Restitution of all Securities.

36. Restitution of Documents, Plans, Maps, or Deeds. Certified Copies of all

Documents of Common Interest.

37. Delivery of Acts of Government, Mortgage, Books, and Deeds.

38. Appointment of Commission to construct Map of New Frontier.

39. Continuation of Contract for Salt.

40. Delivery of Provinces to Austria.

41. Ratifications.

(Translation as laid before Parliament.*) Preamble. Consolidation of the Welfare of the Poles. In the name of the Most Holy and Undivided Trinity.

His Majesty the Emperor of All the Russias, His Majesty the Emperor of Austria, and His Majesty the King of Prussia, being equally desirous of coming to an amicable understanding upon the measures most proper to adopt for consolidating the welfare of the Polish people, in the new relations in which they are placed by the changes effected in the fate of the Duchy of Warsaw ; and wishing at the same time to extend the effects of this benevolent disposition to the Provinces and Districts which composed the ancient kingdom of Poland, by means of such liberal arrange- ments as circumstances have permitted, and by placing the intercourse of the inhabitants, in respect to commerce, upon the most advantageous footing ; have agreed to conclude two separate Treaties, one between Russia and Austria, and the other between the former Power and Prussia, in order to comprise therein, the general engagements common to the three Powers, as well as the stipulations which concern them individually. Their Impe- rial Majesties have for this purpose named, for their separate Treaty, the following Plenipotentiaries :

His Majesty the Emperor of All the Russias, the Sieur Andrew, Count de Rasoumoffsky, his principal Plenipotentiary at the Congress.

And His Majesty the Emperor of Austria, the Sieur Clement- Venceslas-Lothaire, Prince de Metternich-Wiunebourg-Ochsen- hausen, intimate and actual Councillor of His Majesty the Em- * For French version, see State Papers, vol, ii, p. 56.

95

3 May, 1815.] AUSTRIA AND RUSSIA. [No. 12

[Poland.]

peror of Austria, King of Hungary and Bohemia, his Minister of State, of Conferences, and of Foreign Affairs, and his Pleni- potentiary at the Congress ; who, after having exchanged their Full Powers, found in due and proper form, have agreed upon, concluded, and signed the following Articles :

Restitution by Russia to Austria of Districts separated from Eastern

Galicia.

Art. I. (Embodied in Vienna Congress Treaty (No, 27) as Art. V.)

Wieliczka Salt Mines and Territory to be possessed by Austria.

Art. II. (Embodied in Vienna Congress Treaty (No. 27) as Art. III.)

Frontier between Galicia and Russia.

Art. III. (Embodied in Vienna Congress Treaty as (No. 2 7) Art. IV.)

Cracow declared to be a Free, Neutral, and Independent Town under the protection of Austria, Prussia, and Russia.

Art. IV. (Embodied in Vienna Congress Treaty (No. 27) as Art. VI.)

Part of Duchy of Warsaw to be united to Russia. Title of King of Poland to be borne by the Czar. Poles to receive Representative and National Institutions.

Art. V. (Embodied in Vienna Congress Treaty (No. 27) as Art. I.)

Emigration. Inhabitants and Landowners free to Leave the Country

and Sell their Property.

Art. VI. If the Inhabitants and Landowners of the Countries separated in virtue of the present Treaty, should wish to settle under another Government, they shall be allowed six years to dispose of their Property, moveable or immoveable, of whatever nature it may be, to sell it, to quit the country, and to export the produce thereof in specie, or in any other description of money, without any impediment or drawback whatever.

Poland. General Amnesty. Art. VII. (Embodied in Vienna Congress Treaty (No. 27) as Art. XL)

Poland. Sequestrations to be removed. Prosecutions to be Annulled.

Art. VIII. (Embodied in Vienna Congress Treaty (No. 27)

as Art, XII.)

96

No. 12] AUSTRIA AND EUSSIA. [3 May, 1815.

[Poland.]

Poland. Exceptions to preceding Article respecting Confiscation.

Art. IX. (Embodied in Vienna Congress Treaty (No. 27) as Art. XIII.)

Condition of Mixed Subjects as to Property.

Art. X. The condition of a subject of Governments, as far as property is concerned, shall be acknowledged and maintained.

Declaration as to Intention of Domicile of Mixed Subjects. Art. XL Every individual who possesses property under more than one Government shall be obliged, in the course of a year, dating from the day of the ratification of the present Treaty, to make the declaration of his settled abode, in writing, before the magistrate of the nearest city or town, or before the commander of the nearest district, or before the nearest civil authority in the country that he may have chosen for his residence. This decla- ration, which the above magistrate or other authority is to trans- mit to the superior authority of the province, renders him, as to his person and family, exclusively the subject of the Sovereign in whose State he has fixed his abode.

Declaration to be made by Guardians of Minors.

Art. XII. With respect to minors, or other persons who are under the care of guardians, such guardians shall be obliged to . make the necessary declaration at the appointed time.

Neglect to make Declaration.

Art. XIII. If any individual, possessing property under both* Governments, shall have neglected, at the end of the prescribed term of a year, to make the declaration of his final abode, he shall be considered as a subject of the Power in whose States he last resided ; his silence in this case being considered as a tacit- declaration to that effect.

Term within which New Declaration can be made.

Art. XIV. Any individual, possessing property under both Governments, who shall have once made a declaration of his place of abode, shall be allowed, for the period of eight years dating from the day of the ratification of the present Treaty, to settle under another Government, by making a new declaration and by producing the permission of the Power under whose Government he wishes to reside.

97 h

3 May, 1815.] ATJSTKIA AND EUSSIA. [No. 12

[Poland.]

Sale or Transfer of Property of Mixed Subjects. Art. XV. Any individual, possessing property under both Governments, who has made a declaration of his place of abode, or who is considered as having made it, conformably to the stipu- lations of Article XIII, is not obliged, at any period whatever, to dispose of the possessions he may have in the dominions of a Sovereign of whom he is not a subject. He shall enjoy, with respect to this property, all the rights attached to its possession. He shall be free to expend the revenues of these possessions in the country where he shall have chosen his abode, without sus- taining any deduction whatever at the time of their removal. He may sell these possessions, and take the value thereof, without being subject to any drawback.

Limitation to Sale or Transfer of Property,. Art. XVI. The privileges specified in the preceding Article, of removing property without diminution, shall extend only to the effects of which such individuals may be possessed at the time of the ratification of the present Treaty.

Acquisition of Property by Inheritance, §c.

Art. XVII. The same privileges are, however, attached to every acquisition made under either Government, by reason of inheritance,, marriage, or gift of property, which, at the date of the ratification of the present Treaty, belonged lastly to a pro- prietor under both Governments.

Declaration to be made by Persons acquiring Property by Inheritance,

4-c. Art. XVIII. Should any individual having property under one of the two Governments only, whether by inheritance, legacy, gift, or marriage, become possessed of property under the other Government, he shall be considered as a proprietor under both Governments, and, as such, obliged to make, within the prescribed time, the declaration of his fixed abode. This term of a year shall date from the day on which he shall have produced the legal proof of his acquisition.

Freedom of Mixed Subjects to pass from one to the other State.

Art. XIX. An individual possessing property under both Governments, or his agent, shall be allowed at all times to pass from one of his possessions to the other ; for which purpose it is

98

No. 12] ATJSTKIA AND EUSSIA. [3 May, 1815.

[Poland.]

the pleasure of the two Courts that the Governor of the nearest province shall give the necessary passports, on the application of the parties. These passports shall be deemed a sufficient protec- tion, from one Government to the other, and shall be equally respected on both sides.

Privileges of Proprietors of Estates divided by the Frontier.

Art. XX. Proprietors having- estates divided by the frontier shall be treated, in respect to those possessions, according to the most liberal principles.

Individuals whose property is thus circumstanced, their ser- vants and tenants, shall have the privilege of passing and re- passing from one part of the possession so divided by the frontier, to the other, with their implements of husbandry, their cattle, tools, &c, the difference of sovereignty being no impediment thereto. They may also remove, from one place to the other, their crops, all articles of growth, their cattle, and every article of manufacture, without passports, molestation, rent, or impost whatever. This privilege is, however, limited to articles the produce of the soil, or of industry, in the territory thus divided by the line of demarcation. It likewise extends to such lands only as belong to the same person, in the fixed distance of one mile (fifteen to the degree) on both sides, and which may have been divided by the line of frontier.

Privileges of Shepherds and Drovers.

Art. XXI. The shepherds and drovers, subjects of both Powers, shall continue to enjoy the rights, immunities, and privi- leges which have hitherto been granted to them ; and no obstacle shall prevent the daily intercourse on the frontiers between the neighbouring people. (Granz-Verlcehr.)

Legal Jurisdiction.

Art. XXII. The Domiciliary Court shall also decide the Dif- ferences between individuals which are brought forward by the Governor of these temtories. But the Court of the territory, in which the property in litigation is situated, shall cause the sen- tence to be put into execution. This arrangement shall be in force for the term of ten years, at the end of which the two Tligh Courts reserve to themselves the right of making any other regulation that may be necessary.

99 h 2

3 May, 1815.] AUSTRIA AND RUSSIA. [No. 12

[Poland.]

Sovereignty over Mills, $-c, on Frontier Rivers.

Art. XXIII. The sovereignty of the Mills, Manufactories, or Foundries established in the course of a River forming the frontier, shall be exercised by the Sovereign in whose territory the village or place is situated, to which these establishments belong.

Should they constitute private property, the Commission charged with the demarcation of the land frontiers, shall detei*- mine, according to the principles of equity and their local situation, what shall be proper with respect to the sovereignty.

It is understood that new establishments of this description shall not be formed without the consent of the Governments of the respective States, bordering on the river.

Freedom and Navigation of Rivers and Canals.

Art. XXIV. * The Navigation of all the Rivers and Canals throughout the whole extent of the ancient kingdom of Poland (as it existed before the year 1772) to their mouths, as well in ascending as in descending, shall be free, so as not to be inter- dicted to any inhabitant of the Polish provinces, subject to either the Russian or Austrian Government.

The same liberty of passage and navigation is reciprocally permitted upon the streams or rivers which, not being navigable at present, may become so in future, as well upon canals which may hereafter be cut. The same principles shall be adopted in favour of the above-mentioned subjects, in regard to their fre- quenting ports at which they may arrive by the navigation of the said Rivers and Canals.

Duties on Navigation. Art. XXV*. The Tonnage and Towage Duties shall be alike on both banks ; the watermen shall nevertheless be obliged to con- form to the regulations of the existing police with regard to the mode of internal navigation.

Commissioners to Regulate Duties on Navigation. Art. XXVI. In order to secure still further this liberty of Navigation, and to remove every obstacle for the future, the two High Contracting Parties have agreed to establish only one kind of Duty on Shipping, proportioned to the burthen or tonnage of the vessel, or its lading. Commissioners shall be named on both sides to regulate the duty, which shall be at a moderate rate, and

* See Vienna Congress Treaty of 9th June, 1815, Art. XIV.

100

No. 12] AUSTRIA AND RUSSIA. [3 May, 1815.

[Poland.]

be solely applied to maintaining the rivers and canals in question, in a navigable state. This Duty, once approved of by the two Courts, shall be changed only by common consent. The same rule shall be observed with regard to the Boards which shall regulate the collection of the said Duty.

If, however, either of the two Contracting Powers should, at his own expense, establish a new Canal, the subjects of His Majesty the Emperor of all the Russias shall never be subjected to higher duties on navigation than those of His Majesty the Emperor of Austria.

In this respect each party shall be considered on a perfect

equality.

Duration of Commission.

Abt. XXVII. The Commissioners who shall be charged with

the arrangements determined in the above Articles, shall be

named without delay. Their labours shall be finished, examined

and approved, within six months at the latest, dating from the day

of the ratification of the present Treaty.

Liberty of Transit between Brocly and Odessa. Art. XXVIII. * The two High Contracting Parties, with the view of giving greater scope to the commercial relations, espe- cially between Brocly and Odessa, and vice versa, have agreed to grant the most perfect liberty in favour of the transit of mer- chandize, throughout all parts of ancient Poland. The duties to be collected on this account shall be as moderate as possible, and such as are levied on the merchants, or subjects of the most favoured nations.

Commissioners to regulate Tariffs. Art. XXIX. * With the view also of encouraging the import and export trade between the said provinces which constituted the ancient kingdom of Poland, it has been mutually agreed that the two Courts shall name Commissioners, who are to be charged with examining the Regulations and Tariffs now in force, to present plans, tending to regulate whatever is relative to this commerce, and especially to prevent all kinds of abuse, or undue interference on the part of the customs.

Payment by Russia to Austria on account of Ancient Polish Debt. Art. XXX. His Imperial and Royal Apostolic Majesty having issued from his general fund of State debts {universal Staatsschulden

* See Vienna Congress Treaty of 9th June, 1815, Art. XIV.

101

3 May, 1815.] AUSTRIA AND RUSSIA. [No. 12

[Poland.]

£W«) bonds for a sum equal to the quota of the Old Debts of the King and the Republic of Poland, with which he had been burthened, in consequence of the Convention of the 15th (26th) January, 1797, and as these bonds are henceforth to remain at his charge, with all the arrears of, and present interest, it is agreed between the High Contracting Parties, that the Government of the Duchy of Warsaw, under the guarantee of His Majesty the Emperor of all the Kussias, shall be bound, on this account, to make good to the Court of Vienna, by way of a settlement in full, the sum of four millions of Polish florins.

Renunciation by Austria of all oilier Loans and Debts.

Art. XXXI. On the other hand, His Imperial and Royal Apostolic Majesty fully renounces every other pretension relative to Loans and Debts, of whatsoever nature they may be, which have been or which might be either assigned to, mortgaged upon, or registered against the ceded territory.

Mode of Payment on account of Ancient Polish Debt.

Art. XXXII. The four millions of Polish florins, stipulated in Article XXX, as a settlement in full on the part of the Govern- ment of the Duchy of Warsaw, shall be paid by that Government to the Austrian Imperial Treasivry, in specie, and in eight equal annual instalments of 500,000 Polish florins each ; the first of these annual payments shall become due the 12th (24th) June, 1816, and the last on the same day in 1824. Having, however, taken into consideration the actual state of affairs, and the new exertions which circumstances may require, the High Contracting Parties have agreed, that if peace is not re-established at the precise time of the first payment becoming clue, such first pay- ment is to be deferred, and consequently the others progressively, so that the first payment shall take place six months after the ratification of the Definitive Treaty of Peace.

Austria to provide for One-Ninth part of New Debts of Duchy of

Warsaw. Art. XXXIII. With respect to the New Debts, which bear date since the erection of the Duchy of Warsaw, His Imperial and Royal Apostolic Majesty undertakes to provide for them, in the proportion of one-ninth part; it being understood that the Court of Vienna shall participate in the interest resulting from their liquidation, in the same proportion.

102

No. 12] AUSTRIA AND RUSSIA. [3 May, 1815.

[Poland.]

Appointment of Commission to Regulate the Balances due by Foreign States, to the Accounts of Respective Claims of Contracting Parties, and the Claims of Subjects against their Governments.

Art. XXXIV. Immediately after the signature of the present Treaty, a Commission shall be named, which shall assemble at Warsaw. It shall be composed of a proper number of Commis- sioners and assistants : its object shall be : —

1 . To prepare an exact Balance of what is due by Foreign Governments.

2. To regulate, reciprocally, between the Contracting Parties, the Accounts of their respective Claims.

8. To settle the Claims of Subjects against their Governments. In short, to adjust whatever relates to subjects of this nature.

Appointment of Committee for the Restitution of all Securities.

Art. XXXV. As soon as the Commission mentioned in the preceding Article shall have entered upon its duties, it shall appoint a committee, for the purpose of proceeding immediately to the necessary arrangement for the restitution of all Securities, whether consisting of money, or of deeds and documents, which the subjects of one of the Contracting Parties may have given, and which may be found in the States of the other. The same rule shall be observed in all judiciary depots which may have been transferred from one province to the other. They shall be restored to the jurisdictions of the governments to which they belong.

Restitution of Documents, Plans, Maps, or Deeds. Certified Copies of all Documents of Common Interest.

Art. XXXVI. All Documents, Plans, Maps, or Deeds whatever, which may be found in the Archives of either of the Contracting- Parties, shall be mutually restored to the power whose territory they concern.

If a document of this kind be of common interest, the party who is in possession of it shall keep it, but a certified and le- galised copy shall be given to the other.

IS.

Delivery of Acts of Government, Mortgage Books, and Deeds

Art. XXXVII. The Acts of Administration shall be separated ; each of the Contracting Parties shall receive the part which con- cerns his States.

103

3 May, 1815.] AUSTRIA AND RUSSIA. [No. 12

[Poland.]

The same rule shall be observed with regard to Mortgage Books and Deeds. In the case provided for in the preceding Article, a legalised copy shall be given.

Appointment of Commission to Construct Map of New Frontier.

Art. XXXVIII. A Military and Civil Commission shall be immediately appointed, to construct an exact Map of the new frontier, annexing the topographical description thereto, to place the boundary posts, and describe the angles of its situation, so that in no case the least doubt, dispute, or difficulty may arise, if, in the course of time, it should be wished to replace a boundary mark, destroyed by any accident.

Continuation of Contract for Salt.

Art. XXXIX. It is agreed between the two nigh Contracting Parties, that the contract for the purchase of 500,000 quintals of Salt, shall be mutually binding, for the term of five years ; at the end of which period it may be renewed, on the conditions which shall then be agreed upon.

Delivery of Provinces to Austria.

Art. XL. Immediately after the ratification of the present Treaty, the necessary orders shall be sent to the commanders of troops, and the competent authorities, for the evacuation of the Provinces which are restored to His Majesty the Emperor of Austria, and for the restitution of the country, to Commissioners, who shall be appointed for this purpose ; and this evacuation shall be effected so that it may be completed in six weeks, dating- from the day of the exchange of the Ratifications of the present Treaty.

Ratifications.

Art. XLI. The present Treaty shall be ratified, and the Ratifi- cations exchanged in six clays.

In faith of which the respective Plenipotentiaries have signed it, and have affixed thereunto the seals of their arms.

Done at Vienna, the ^fff1 of the year of Our Lord 1815.

(L.S.) LE COMTE DE RASOUMOFE3KY. (L.S.) LE PRINCE DE ME LTERNICH.

104

No. 13] PRUSSIA AND RUSSIA. [3 May, 1815.

[Poland.]

No. 13. — TREATY between Prussia and jRussia, relating to Poland.* Signed at Vienna, 21stApril, 1815.

J ' 3rd May '

[This Treaty formed Annex II to the Vienna Congress Treaty of 9th June, 1815, No. 27.]

Aet. Table.

Preamble. Peace of Europe and trauquillity of Nations. Definitive Arrangement respecting Duchy of Warsaw. Equilibrium and Balance of Power established at Congress of Vienna.

1. Part of Duchy of Warsaw to be possessed by Prussia as Grand Duchy

of Posen.

2. Cracow declared to be a Free, Neutral, and Independent Town under

the Protection of Austria, Prussia, and Russia.

3. Part of Duchy of Warsaw to be united to Russia. Title of King of

Poland to be borne by the Czar. Poles to receive Representative and National Institutions.

4. Emigration. Liberty to Inhabitants of separate Countries to dispose of

their Property and withdraw.

5. General Amnesty in Poland.

G. Sequestrations to be removed. Prosecutions to be Annulled.

7. Exceptions to the preceding Article on Confiscations.

8. Recognition of Ri ;ht of Mixed Subjects to Property.

9. Choice of Domicile to be made within a year.

10. Guardians to make Declai'ations for Minors.

11. Neglect of Declaration within prescribed time.

12. Power of Mixed Proprietor to Change Domicile within Eight Years.

13. Right of Mixed Proprietor to retain Property in States of a Sovereign

of whom he is not a Subject.

14. Extent of Privilege of retaining Property.

15 1

, -' > Right to dispose of Property by Will, &e.

17. Freedom of Transit of Mixed Proprietors.

18. Treatment of Proprietors of Estates divided by Frontier.

19. Privileges of Shepherds and Drovers.

20. Decisions in Cases of Difference.

21. Sovereignty of Mills, Manufactories, or Foundries in States bordering on

Rivers.

22. Freedom of Navigation of Rivers and Canals of Ancient Poland, 1772,

and of communication by them with Port of Konigsberg.

* By a Russian Manifesto of ^|th February, 1832, the Kingdom of Poland was declared to be perpetually united to the Russian Empire, and to form an integral part thereof. The British Government protested against tills Manifesto on the 3rd July, 1832, as being an infraction of the Vienna Congress Treaty.

105

3 May, 1815.] PEUSSIA AND EUSSIA. [No. 13

[Poland,]

Art. Table.

23. Rivers. Common right of Towage and Landing.

24. Rivers. Single duty on Rivers and Canals.

25. Rivers. Abolition of Staple and other Duties.

26. Local Rights and Privileges of Towns and Ports.

27. Appointment of Consuls and Commercial Agents.

28. Freedom of Trade between Polish Provinces of 1772 in respect of Pro-

duce and Manufactures. Tariff. Certificates of Origin.

29. Freedom of Transit in Ancient Poland.

30. Freedom of Transit. Import Duties.

31. Regulations and Division of Debts of Republic of Poland and Duchy of

Warsaw.

32. Table of Sums to be paid to Prussia by Russia and by Duchy of Warsaw,

in consequence of Convention of 1797, and of Treaty of Tilsit of 1807.

33. Reimbursement of Debts by Warsaw to Prussia.

34. Prussia to provide three-tenths of New Debts of Warsaw.

35. Russian share of Old Debts of the Duchy.

36. Commission of Accounts at Warsaw.

37. Nomination of Committee by Commission of Accounts at Warsaw.

38. Delivery of Documents, Maps, &c.

39. Delivery of Documents, Maps, &c.

40. Restitution of Depots placed in Security at Konigsberg during the War

of 1806, according to Convention of 1810.

41. Construction of Map of new Frontier.

42. Evacuation and Delivery of Territories.

43. Ratifications.

(Translation as laid before Parliament.*)

Preamble.

In the Name of the Most Holy and Undivided Trinity.

His Majesty the Emperor of all the Russias, and His Majesty the King of Prussia, animated with the desire of cementing more closely the ties of friendship which have united their arms and their subjects in a difficult and sanguinary war, the sacred object of which was to restore peace to Europe and tranquillity to nations, have judged it expedient, in order to fulfil their imme- diate engagements, and to put an end to all uncertainties, to fix definitely, by a solemn Treaty, everything which concerns the arrangements relative to the Duchy of Warsaw ; as well as to settle the state of affairs resulting therefrom, by combiued nego- tiations, founded upon the principles of a just Balance of Power and division of forces, discussed and agreed upon at the Congress of Vienna.

# For French version see " State Papers," vol. ii, p. 56.

106

No. 13] PEUSSIA AND RUSSIA. [3 May, 1815.

[Poland.]

The national spirit, the advantages of commerce, the arrange- ments which may restore stability to the administration, regularity in the finances, public and individual prosperity in the provinces recently obtained, have all been taken into consideration, and their Imperial and Royal Majesties, in order to complete this salutary work, to settle and fix definitely the limits of their States, to agree on all the stipulations which can insure their happiness, have named for their Plenipotentiaries, viz. :

His Majesty the Emperor of all the Russias, the Sieur Andrew, Count de Rasoumoffsky, His Privy Councillor, and His First Plenipotentiary at the Congress, &c. ;

And His Majesty the King of Prussia, the Prince Hardenberg, His Chancellor of State, His First Plenipotentiary at the Con- gress, &c. ;

Who, after having exchanged their Full Powers, and found them in good and due form, have agreed on the following Articles: these Articles having been negotiated in common with the Treaties between Russia, Austria, and Prussia respectively, are inserted in all their form and tenor, excepting the modifica- tions which are contained in that concluded with His Imperial and Royal Apostolic Majesty, occasioned by the particular state of affairs.

Part of Duchy of Warsmv to be possessed by Prussia as Grand

Duchy of Posen.

Art. I. (Embodied in Vienna Congress Treaty (No. 27) as Art. II.)

Cracow declared to be a Free, Neutral, and Independent Town under the Protection of Austria, Prussia, and Russia. Art. II. (Embodied in Vienna Congress Treaty (No. 27) as Art. VI.)

Petri of Duchy of Warsaw to be united to Russia. Title of King of Poland to be borne by the Czar. Poles to receive Representa- tive and National Institutions. Art. III. (Embodied in Vienna Congress Treaty (No. 27) as

Art. I.)

Emigration. Liberty to Inhabitants of separate Countries to dispose of their Property and withdraw. Art. IV. If the Inhabitants and Landed Proprietors of the countries which have been separated in consequence of the pre-

107

3 May, 1815.] PEUSSIA AND RUSSIA. [No. 13

[Poland.]

sent Treaty, wish to settle under another government, they shall be at liberty, during six years, to dispose of their property, moveable or immoveable, of whatever nature it may be, to sell it, to quit the country, and to remove the produce thereof, either in specie or other description of money, without any impediment or deduction whatever.

Poland. General Amnesty.

Art. V. (Embodied in Viemia Congress Treaty (No. 27) as Art. XI.) Poland. Sequestrations to be removed. Prosecutions to be annulled.

Art. VI. (Embodied in Vienna Congress Treaty (No. 27) as Art. XII.) Poland. Exceptions to the preceding Article respecting Confiscations.

Art. VII. (Embodied in Vienna Congress Treaty (No. 27) as Art, XIII.)

Recognition of right of mixed Subjects to Property.

Art. VIII. The quality of a Subject, of the two Governments, with regard to property, shall be acknowledged and confirmed.

Choice of Domicile to be made ivithin a year.

Art. IX. Every individual possessing property under more than one Government is required, in the course of a year, dating from the day of the ratification of the present Treaty, to declare, in writing, before the magistrate of the nearest town, or the com- mander of the nearest district, or before the nearest civil authority in the country which he has chosen to reside in, the place where he shall have fixed upon for his settled abode. This declaration, which the above magistrate or other authority shall transmit to the superior authority of the province, renders him, as to his person and his family, exclusively the subject of the Sove- reign in whose states he has fixed his said residence.

xs'

Guardians to mahe Declarations for Minors.

Art. X. With regard to Minors, and other persons under the care of guardians, such guardians shall be compelled to make the necessary declaration at the time prescribed.

Neglect of Declaration toithin prescribed time.

Art. XI. If an individual, possessing property under both

108

No. 13] PEUSSIA AND RUSSIA. [3 May, 1815.

[Poland.]

Governments, shall have neglected, at the expiration of the said term of one year, to make the declaration of his fixed abode, he shall be considered as being the subject of the Power in whose states he last resided, his silence in this case being considered a tacit declaration.

Poicer of mixed Proprietor to change Domicile within eight years.

Art. XII. Every individual possessing property under both Governments, having once declared his place of abode, shall, nevertheless, retain during the term of eight j^ears, dating from the day of the ratification of the present Treaty, the liberty of settling under another Government, upon making a new declara- tion of his abode, and upon producing the permission of the Power under whose Government he wishes to settle.

Bight of mixed Proprietor to retain Property in States of a Sove- reign of ivhom he is not a Subject.

Art. XIII. Any individual possessing property, and circum- stanced as above, who has made his declaration of abode, or who is considered as having made it, conformably to the stipula- tions of Article XI, is not obliged to sell, at any period whatever, the property which he may possess in the states of a Sovereign of whom he is not a subject. He shall enjoy, with regard to this property, all the rights which attach to possession. He shall be allowed to expend the revenues thereof in the country where he has chosen his residence, without being subject to any drawback at the time of exportation, and he may dispose of the said posses- sions, and remove the value thereof, without any impediment whatever.

Extent of Privilege of retaining Property.

Art. XIV. The privileges mentioned in the preceding Article extend solely to the property which such individual may possess at the time of the ratification of the present Treaty.

Acquisition of Property l>y Inheritance, 8fc.

Art. XV. The same privileges are, however, attached to every acquisition made under either Government by reason of inherit- ance, marriage, or gift of an estate, which at the date of the ratification of the present Treaty shall finally belong to a possessor under both Governments.

109

3 May, 1815.] PEUSSIA AND EUSSIA. [No. 13

[Poland.]

Acquisition of Property hy Inheritance, Sfc.

Art. XVI. Should any individual, previously possessing- pro- perty under one Government only, become entitled, by inheritance, legacy, gift, or marriage, to any property under the other Government, he shall be considered as a possessor under both Governments, and shall be required to declare his place of abode in the prescribed term of a year. This term shall be dated from the day on which he shall have produced the legal proofs of his new acquisition.

Freedom of Transit of mixed Proprietors.

Art. XVII. Any individual possessing property under both Governments, or his agent, shall be at liberty, at all times, to proceed from one of his possessions to the other ; and it is the pleasure of the two Courts that the Governor of the nearest pro- vince shall grant the necessary passports for this purpose, on application of the parties. These passports shall be deemed suffi- cient authority for passing from one Government to the other, and shall be mutually respected.

Treatment of Proprietors of Estates divided hy Frontier.

Art. XVIII. Possessors whose Estates are divided by the frontier, shall be treated, in regard to such possessions, on the most liberal principles.

Possessors under both Governments, their servants and tenants, shall have the liberty of passing and repassing', with their implements of husbandry, their cattle, utensils, &c, from one part of the estate, thus separated by the frontier, to the other, the difference of sovereignty being no impediment thereto; as well as of removing from one place to the other their harvests, all productions of the soil, their cattle, and all manufactured articles, without passports, molestation, rent or impost, or duty whatever. This favour, however, shall be limited to articles of growth or of industry in the territory thus separated by the line of demarca- tion. It shall likewise extend to such lands only as belong to the same individual, in the defined distance of a mile (15 to a degree) on each side of the frontier line.

Privileges of Shepherds and Drovers.

Art. XIX. The Shepherds and Drovers, subjects of both Powers, shall continue to enjoy the rights, immunities, and privi-

110

No. 13] PRUSSIA AND RUSSIA. [3 May, 1815.

[Poland.]

leges which were formerly granted to them ; nor shall any obstacle be thrown in the way of the daily communications between the inhabitants of the borders (Grcinz-Verlcehr).

Decisions in cases of Difference.

Art. XX. The Domiciliary Court shall likewise decide Differ- ences which may arise between any individual and the Governor of those Territories, but it is the Chief Court of the Territory wherein the Property in litigation is situated which shall cause the sentence emanating from the former Court to be put in execution.

This Regulation shall be in force for the term of ten years, at the expiration of which the two High Powers reserve to them- selves the right of making any other Regulation that may be necessary.

Sovereignty of Mills, Manufactories, or Foundries in States

bordering on Rivers.

Art. XXI. The sovereignty of Mills, Manufactories, or Found- ries, established upon a River constituting the Frontier line, shall be exercised by the Sovereign of the Territory in which the village or place shall be situated, to which such establishment may belong.

In the event of their constituting private property, the Com- missioners who shall be charged with the demarcation of the line of frontier shall determine, according to locality and the principles of equity, what shall be proper, as to the sovereignty.

It is expressly understood that new establishments of this de- scription shall not be formed without the mutual consent of the Governments of the respective States bordering on the Rivers.

Freedom of Navigation of Rivers and Canals of Ancient Poland.

Art. XXII. *The Navigation of all Rivers and Canals in all parts of ancient Poland (as it existed in the year 1772) along their whole extent, as far as their mouths, as well in going up as in coming dowu, whether those Rivers be navigable at present or become so in future, as well as Canals which may be hereafter cut, shall be free, so as not to be interdicted to any inhabitant of

* See Vienna Congress Treaty of 9th June, 1815, Art. XIY.

Ill

3 May, 1815.] PRUSSIA AND RUSSIA. [No. 13

[Poland.]

the Polish provinces under the Russian and Prussian Govern- ments.

Tiie same principles established in favour of the subjects of the two High Towers shall apply to the trade they carry on ; it being understood that they refer to those parts only at which they may arrive by the said Streams, Rivers, and Canals, or by the Ilaff, in order to enter the port of Kbnigsberg.

Rivers. Common. Right of Toivage and. Landing.

Art. XXIII. *The Tonnage and Towage Duties on the banks of Streams, Rivers, and Canals shall be levied equally on the sub- jects of the two Powers.

Boatmen shall nevertheless conform to the regulations of the police with regard to the interior navigation.

Rivers. Single Duty on Hirers and Canals'.

Art. XXIV. *In order to secure still further the freedom of navigation, and to remove every obstacle thereto for the future, the two High Contracting Parties agree to establish only one kind of duty on navigation, levied according to the burthen, the tonnage, or the lading of the vessel. Commissioners shall be respectively appointed to regulate this duty, which shall be levied at a very moderate rate, to be applied solely to the keep- ing the Rivers and Canals in a navigable state. This duty, once approved by the two Courts, cannot again be altered but by common consent. The same rule shall be observed with regard to the Boards which are to settle the collection of those duties. The rate thus established shall be collected on the terri- tory of each of the two Contracting Powers, on their respective account. If, however, either of the two Contracting Powers should cut, at their own expense, a new Canal, the subjects of His Prussian Majesty shall never be liable to higher duties on navigation than those of His Majesty the Emperor of all the Russias.

In this respect both the parties shall be placed upon a perfect equality.

Hirers. Abolition of Staple and other Duties.

Art. XXV. *In consequence of the principle laid down in the preceding Article, all oppressive duties of Entrepdt, of Staple, of

* Sec Vienna Congress Treat;, of 9th June.. 1815, Art. XIV.

112

No. 13] PEUSSIA AND RUSSIA. [3 May, 1815.

[Poland.]

breaking bulk, and others of a like nature, which may have been injurious to the free navigation of the said Rivers and Canals, shall be for ever abolished throughout their whole extent.

Local Bights and Privileges of Towns and Ports.

Art. XXVI. With regard to the Rights and Privileges of certain Towns and Ports, which might affect the rights of Property, and which would consequently be contrary to the principles recipro- cally adopted, it has been agreed that they shall be examined by a Board of Commissioners, appointed by the two Courts, to de- termine which shall be abolished, and to give that freedom and activity to commerce which is necessary to its prosperity.

The Commissioners for this purpose shall be nominated forth- with, and their operations shall be completed and approved six months, at latest, after the date of the ratification of the present Treaty.

Appointment of Consuls and Commercial Agents.

Art. XXVII. Each Power shall be at liberty to accredit to the other, Consuls, or Commercial Agents, on condition, however, that they shall be recognized according to the usual forms.

Freedom of Trade between Polish Provinces of 1772 in respect of Produce and Manufactures .

Art. XXVIII. In order to promote Agriculture as much as possible in all parts of ancient Poland, to encourage the Industry of its inhabitants, and to insure their prosperity, the two High Contracting Parties have agreed, that their paternal and beneficent views in this respect may be clearly understood, that the most unlimited circulation, for the future and for ever, of all articles of growth and industry, shall be permitted throughout their Polish provinces (as it existed in 1772). The Commissioners appointed to make the arrangements, conformable to the stipulations of Article XXVI, shall likewise determine, in the prescribed term of six months, the Tariff of Duties on the import and export of all articles of produce and manufacture in the above-mentioned pro- vinces. This duty shall not exceed 10 per cent., which is to be levied on the value of the merchandise at the place of its depar- ture. If the two Courts should think proper respectively to esta- blish a duty on the importation of grain, it shall be fixed at the most moderate rate by the said Commissioners, according to the

113 i

3 May, 1815.] PRUSSIA AND RUSSIA. [Nc. 13

[Poland.]

instructions which shall be given them. In order to prevent foreigners profiting by the arrangements made in favour of the provinces above mentioned, it is determined that all articles, the produce thereof, which shall pass from one territory to the other, shall be accompanied with the certificate of origin, without which they shall not be allowed to enter. In case the Consul should be at too great a distance to grant one, that of the magistrate of the place shall be sufficient.

Freedom of Transit in Ancient Poland.

Art. XXIX. The Transit of merchandise shall be perfectly free in all parts of ancient Poland, and shall be subject to the most moderate duties. The Commission mentioned in Articles XXVI and XXVII shall determine the mode by which the value shall be ascertained, and shall consider of the most certain means of pre- venting all delay in passing the Custom-houses, or any kind of impediment whatever.

Freedom of Transit. Import Duties.

Art. XXX. The stipulations agreed upon in the above-men- tioned Articles, relative to Commerce and Navigation, shall not be partially applied ; consequently, up to the period (which shall not exceed six months) in which the above-mentioned Commission shall have completed their labours, the Navigation shall continue on the same footing as latterly. With regard to the Import Trade, each Government shall adopt, during the interval, such measures as may be judged most expedient.

Begulations and Division of Debts of Republic of Poland and Duchy

of Warsaw.

Art. XXXI. The particular attention of the two High Courts has been directed towards the regulations concerning Debts, and the fixing of the proportions which each of the Contracting Powers shall bear in a transaction on which depend the interest of indi- viduals, the regularity of the finance, and the execution of Treaties. It has therefore been resolved to proceed with that precision which such arrangements require ; and to distinguish them ; viz., into Old Debts, those of King Stanislaus Augustus, and of the former Republic ; and, into new ones, those of the Duchy of Warsaw.

114

No. 13] PRUSSIA AND EUSSIA. [3 May, 1815.

[Poland.]

Table of Sums to be paid to Prussia by Russia and by Duchy of

Warsaw.

Art. XXXII. With regard to the first class, all such Debts as are to be liquidated by Prussia, iu virtue of the Treaty of 1797,* having- been converted into Bonds of the Maritime Society, known by the name of Recognizances, and His Majesty beiDg willing to become responsible for the total amount of those Bonds, with their interest, the security which the Duchy of Warsaw (under the guarantee of the Emperor of all the Russias) is to afford to Prussia with regard to the principal, has been regulated, as well with respect to capital as interest, in the Table A. It has been determined, in consequence, that the regulations contained in that Table should be considered as having the same validity as if they had been inserted, word for word, in the present Article. The Table has, for this reason, been signed separately, and the sum total which thereby accrues to Prussia, shall be reimbursed to that Power in eight equal annual payments, with an interest at the rate of 4 per cent., it being1 understood that the instalments shall be regulated in such maimer, that no compound interest shall be paid. The first payment shall be made 12th (24th) June, 1816.

The High Contracting Powers having-, however, taken into consideration the actual state of affairs, and the new efforts which the circumstances may require, have agreed, that if peace be not re-established at the above-mentioned period, the first payment is to be deferred, and the others progressively, according to the rule laid down, until the time when the troops of the respective Powers shall have returned to their homes.

Reimbursement of Debts by Warsaiv to Prussia.

Art. XXXIII. The Duchy of Warsaw shall be at liberty to reimburse Prussia, for the capital and interest, as settled in the aforesaid Table, either in Bonds of the Maritime Society, called Recognizances, in such bills as may supply the place of these Recognizances, or in specie ; and in the latter case, His Prussian Majesty consents to a discount of 10 per cent.

This discount, however, is not to be taken on payment of the current interest, which may nevertheless be discharged, in paper currency. (Coupons courants.)

* See Vienna Congress Treaty of 9th June, 1815, Art. XIV.

115 i 2

3 May, 1815.] PRUSSIA AND RUSSIA. [No. 13

[Poland.]

Prussia to provide Three- tenths of New Debts of Warsaw.

Art. XXXIV. With respect to the New Debts of the Duchy of Warsaw, His Prussian Majesty undertakes to provide for them in the proportion of three-tenths ; it being understood that the Court of Prussia shall participate in the interest which may accrue on their liquidation, in the same proportion.

Russian Share of Old Debts of the Duchy. Art. XXXV. The quota which His Majesty the Emperor of All the Russias engages to provide for the Old Debts of the Duchy of Warsaw, being specified in the Table B, the regulations con- tained therein shall be considered as having the same validity as if they were inserted in the present Article, and the Russian Imperial Treasury shall pay, without delay, to the Prussian Government, the amount which shall appear in this Table, in the same order, by the same instalments, and bearing the same inte- rest, as is stipulated and agreed upon for the reimbursements to be made from the Treasury of the Duchy of Warsaw, under the guarantee of His Imperial Majesty ; so that the said Duchy shall not be charged, on the part of Prussia, with a greater sum than 18,573,952fi Polish florins.

Commission of Accounts at Warsaw.

Art. XXXVI. Immediately after the signature of the present Treaty, a Commission shall be named, which shall assemble at Warsaw. It shall be composed of a proper number of Commis- sioners and clerks : its object shall be —

1. To prepare an exact Balance of what is due by Foreign Governments.

2. To regulate reciprocally between the Contracting Parties the Demands arising from their respective Claims.

3. To settle the Claims of Subjects upon their Governments. In fine, to adjust whatever relates to subjects of this nature.

Nomination of Committee by Commission of Accounts at Warsaw. Art. XXXVII. As soon as the Commission mentioned in the preceding Article shall have assembled it shall name a Committee, for the purpose of proceeding immediately to the necessary arrangements for the restitution of all Securities, whether con- sisting of money, or in Deeds and Documents, which the subjects of one of the Contracting Parties may have given, and which

116

No. 13] PRUSSIA AND RUSSIA. [3 May, 1815.

[Poland.]

may be in the States of the other. The same rule shall be observed in all law or other offices, which may have been trans- ferred from one province to the other. They shall be restored to the jurisdiction of the Governments to which they belong.

Delivery of Documents, Maps, §c.

Art. XXXVIII. All Documents, Plans, Maps, or Deeds what- ever, which may be found in the Archives of either of the Con- tracting Parties, shall be mutually restored to the Power whose territory they concern.

If a document of this kind be of a common interest, the party who is in possession of it shall keep it, but a certified and legalised copy thereof shall be given to the other.

Delivery of Documents, Maps, §-c.

Art. XXXIX. Acts of the Administration shall be separated. Each of the Contracting Parties shall receive the part which con- cerns his States.

The same rule shall be observed with regard to books and deeds concerning Mortgages. In the case provided for in the above Article, a legalised copy shall be given.

Restitution of Depots placed in Security at Konigsberg during the

War. Art. XL. If the restitution of the different kinds of Depots which, during the war of 1806,, were placed in security at Konigs- berg by Prussian Officers, has not yet been effected, it shall take place forthwith, according to the principles established by the Convention of the 10th of September, 1810,* and conformably to what has been settled in the Conferences of the respective Com- missioners who have discussed this subject at Warsaw.

Construction of Map of Neio Frontier.

Art. XLI. A Military and Civil Commission shall be imme- diately appointed, to construct an exact Map of the new Frontier, annexing the topographical description thereto, to place the boundary posts, and describe the angles of its situation, so that in no case the least doubt, dispute, or difficulty may arise, if, in the course of time, the replacing of a boundary mark, destroyed by any accident, should be disputed.

* Sec Appendix. 117

3 May, 1815.] PKUSSIA AND KTTSSIA. [No. 13

[Poland.]

'Evacuation and Delivery of Territories.

Art. XLII. Immediately after the ratification of the present Treaty, the necessary orders shall be sent to the commanders of troops in the Duchy of Warsaw, as well as to the competent authorities, for the evacuation of the provinces which are restored to His Prussian Majesty, and for the restitution of the country to the Commissioners who shall be appointed for that purpose. And this evacuation shall take place so as to be completed in 21 days.

Ratifications.

Art. XLIII. The present Treaty shall be ratified, and the Ratifications shall be exchanged in six days.

In faith of which the respective Plenipotentiaries have signed the same, and have affixed thereunto the Seals of their Arms.

Done at Vienna, the ^ May" of the year of Our Lord, 1815.

(L.S.) The COUNT DE RASOUMOFFSKY. (L.S.) The PRINCE DE HARDENBERG.

TABLES ANNEXED TO PRECEDING TREATY.

(A.) Sums to be provided by the Treasury of the Duchy of Warsaw.

Table relating to Article XXXII.

The portion of the Old Debts of the King and of the Republic of Poland,

which, in consequence of the Convention of 1797, Prussia had taken upon

herself, on account of her acquisitions in the two last divisions, and on the

amount of which it had issued Bonds known under the name of Recognizances,

amounts to 27,266,666§

Of this total Prussia is still chargeable, on account of a part of the said acquisitions which she retains 10,000,000

Remainder of capital to be reimbursed to Prussia 17,266,666§

The interest on the above total part from the 9th July, 1807 (date of the Treaty of Tilsit) up to the 9th April, 1815, conse- quently for 7 years and 9 months, during which Prussia was deprived of her Possessions in Poland, at the rate of 4 per cent.

per annum, amounting to 8,452,666

Prussia taking charge of -^ths of these arrears of interest, which are considered as New Debts of the Duchy, a discount must be made on the total of

arrears of 2,535,799

118

No. 13] PKUSSIA AND EUSSIA. [3 May, 1815.

[Poland.]

Remainder to be reimbursed to Prussia on ac- count of arrears of interest 5,916,867

Total that the Duchy is to reimburse to Prussia

Florins of Poland 23,183,5331

But His Majesty the Emperor of All the Eussias, having undertaken, by virtue of Article XXXV of the present Treaty, to reimburse from His Imperial Royal Treasury the part with which His Imperial Majesty is charged, according to the Table relating to Article XXXV, in the sum of 4;609,580T77

The Treasury of the Duchy of "Warsaw only remains chargeable with Florins of Poland 18,573,952§i

Vienna, 3rd May, 1815.

LE COMTE DE RASOUMOFFSKY. LE PRINCE DE HARDENBERG.

(B.) Sums to be provided hj the Imperial Russian Treasury.

Table relating to Article XXXV.

The portion of the Old Debts of the King and of the Republic of Poland, which His Majesty the Emperor of All the Russias undertakes to discharge, on account of the acquisition of Bialystock, equivalent to -j^th of the original Debt of 27,266,666f Polish florins, chargeable to Prussia, in accordance with the Convention of 1797, the sum to be provided on that account by the- Russian Treasury is therefore 2,272,222^

Arrears of Interest on that sum at 4 per cent., dating from the Peace of Tilsit (9th July, 1807), that is to say for 7 years and 9 months , c 704,38a

The Duchy of "Warsaw having been administered on account of Russia since the month of November, 1812, that is to say, for two years and 4 months, His Majesty the Emperor engages to provide on that account direct from the Imperial Treasuiy, instead of from that of the Duchy of "Warsaw, for that period ^ths of the interest of the capital of 24,994,444T3g of Polish florins which remained chargeable to the Duchy, on account of the acqui- sitions made by the Treaty of Tilsit ; which amounts to 1,632,970 J

Total— florins of Poland 4,609,580^

Vienna, 3rd May, 1815.

LE COMTE DE RASOUMOFFSKY. LE PRINCE DE HARDENBERG.

119

3 May, 1815.] AUSTRIA, PRUSSIA, AND RUSSIA. [No. 14

[Independence, &c., of Cracow.l

No. 14.— ADDITIONAL TREATY between Austria, Prussia, and Russia, relative to Cracoic* Signed at Vienna,

21st April -I pi K 3rd May' ^OlO.

[This Treaty formed Annex III to the Vienna Congress Treaty of 9th June, 1815, No. 27.]

Art. Table.

1. Cracoiv declared to be a Free, Neutral, and Independent Town under the

Protection of Austria, Prussia, and Russia.

2. Boundaries of the Territory of Cracow.

3. Privileges granted to Podgorze. Austrian right of Sovereignty over

Podgorze. Neutrality of Cracow.

4. Facilities to Commerce of Cracow on the Vistula.

5. Mixed Commission to mark Boundaries.

6. Neutrality to be respected by Austria, Prussia, and Russia.

7. Guarantee of Constitution of Cracow. Commissioners to act in concert

with Committee of Cracoiv. Labours of Committee.

8. Non-establishment of Custom-houses. Levy of Barrier and Bridge Tolls.

9. General Tariff of Tolls on Bridges and Roads. Currency.

10. Rights and Obligations of Mixed Subjects to be extended to Poles in

Treaties. General Amnesty, and Liberty of Commerce and Navigation to Cracowians. Free passage into Cracow of Firewood, &c.

11. Revision of Duties and Rents payable by Peasants to Clergy and State.

12. Postal Arrangements. Commission to Regulate Postage.

13. Disposal of National Property.

14. Non-contribution towards Debts of Grand Duchy of Warsaw.

15. Confirmation of Privileges and Property of Academy. Period of Ad-

mission of Poles of neighbouring Provinces of Cracow.

16. Confirmation of Establishments, and Property of Bishopric, Chapter,

and Clergy of Cracoiv. Revision of Application of Revenues to Public Education and support of inferior Clergy.

17. Non-extension of Ecclesiastical Jurisdiction of Cracoiv to Austrian and

Prussian Territories. Nomination of the Bishop of Cracoiv by the Emperor of Russia.

18. Deposit of Treaty and Constitution among Archives of Cracow.

19. Rati Ileal ions.

* By a Treaty between Austria, Prussia, and Russia, of the 6th November, 1846, the Independent existence of the Free City of Cracow was put an end to, and the City and its Territory were incorporated with the Austrian Dominions. Tlie British Government protested against this infraction of the Vienna Congress Treaty, on the 23rd November, 1846. The French Government also protested against it, on the 3rd December, 1846.

120

No. 14] AUSTRIA, PRUSSIA, AND RUSSIA. [3 May, 1815.

[Independence, &c, of Cracow.]

(Translation, as laid before Parliament*). In the Name of the Most Holy and Undivided Trinity.

His Majesty the Emperor of Austria, King- of Hungary and Bohemia, His Majesty the King of Prussia, and His Majesty the Emperor of All the Russias, wishing to give effect to that Article of their respective Treaties which relates to the neutrality, the liberty and independence of the City of Cracow and of its terri- tory, have appointed, to fulfil their benevolent intentions in this respect, namely :

His Majesty the Emperor of Austria, King of Hungary and Bohemia, the Sieur Clement Winceslas Lothaire, Prince de Metternich-Winnebourg-Oschenhausen, his Minister of State, of Conference and of Foreign Affairs, and his Plenipotentiary at the Congress, &c, &c. ;

His Majesty the King of Prussia, the Prince Hardenberg, his Chancellor of State, his First Plenipotentiary at the Congress, &c, &c. ;

His Majesty the Emperor of All the Russias, the Sieur Andrew Count Rasoumoffsky, his Privy Councillor, and his First Plenipo- tentiary at the Congress ; who, after having exchanged their full powers, found in good and due form, have agreed upon, concluded, and signed the following Articles : —

Cracow declared to be a Free, Neutral, and Independent Town under the Protection of Austria, Prussia, and Russia. Art. I. (Embodied in Vienna Congress Treaty (No. 27) as Art, VI.)

Boundaries of the Territory of Cracow.

Art. II. (Embodied in Vienna Congress Treaty (No. 27) as Art. VII.)

Privileges granted to Podgorze. Austrian right of Sovereignty over Podgorze. Neutrality of Cracow. Art. Ill (Embodied in Vienna Congress Treaty (No. 27) as Art. VIII.)

Facilities to Commerce of Cracow on the Vistula. Art. IV. In pursuance of this concession, His Imperial and Royal Apostolic Majesty has determined to grant permission for the City of Cracow to extend its bridges over to the right bank of

# For French version see " State Papers," vol. ii, p. 74.

121

3 May, 1815.] AUSTRIA, PRUSSIA, AND RUSSIA. No. 14:

[Independence, &c, of Cracow.]

the Vistula, and to fasten its boats at those places through which it has always been in the habit of communicating with Podgorze. The city shall be at the expense of repairing the bank, where its bridges are anchored or moored. It shall also be at the expense of repairing the bridges, as well as the ferry boats provided for the season, when a bridge of boats cannot be maintained.

Should there, however, be any relaxation, neglect, or ill-will in the establishment, the three Courts shall, if such facts be proved, order such a police, at the charge of the town, as may be competent to guard against any abuses of this description in future.

Mixed Commission to mark Boundaries.

Art. V. Immediately after the signature of the present Treaty, a joint Commission shall be appointed, composed of an equal number of commissioners and engineers, to mark out the line of demarcation, to place the Boundary-posts, to describe the angles and bearings, and to construct a Map containing a local description, so that no misunderstanding or doubt may in future arise upon these points. The Boundary-posts, describing the territory of Cracow, shall be numbered and marked with the arms of the Power bordering on that territory, and of those of the free city of Cracow. The frontiers of the Austrian territory, opposite to that of Cracow, being formed by the Thalweg of the Vistula, the Austrian Boundary-posts shall be fixed on the right bank of that River. The Circle comprehending the free commercial terri- tory of Podgorze shall be pointed out by particular posts, marked with the arms of Austria, and bearing the inscription " Free Line of Commerce " {Wohvj okrag dla handlu).

Neutrality of Cracow to be respected by Austria, Prussia, and

Russia.

Art. VI. (Embodied in Vienna Congress Treaty (No. 27) as Art, IX.)

Guarantee of Constitution of Cracow.

Art. VII. The Three Courts having approved of a Constitution by which the Free City of Cracow and its territory shall be regu- lated, and which is annexed to the present Article as an integral part thereof, respectively guarantee that Constitution.* They moreover engage respectively to appoint a Commissioner, who

* See Vienna Congress Treaty of Sth June 1815, Art. X.

122

No. 14] AUSTRIA, PRUSSIA, AND RUSSIA. [3 May, 1815.

[Independence, &c, of Cracow.]

shall proceed to Cracow, to act in concert with a temporary and local commission, composed principally of individuals holding- public situations, or of persons of character. Each of the three Powers shall, for this purpose, make choice of a candidate, either from the nobility, the clergy, or the commonalty. Each of the Commissioners of the three Courts shall fill the office of Presi- dent, alternately, by the week. He who shall first preside shall be appointed by ballot, and the President shall enjoy all the rights and privileges belonging to that office.

This Committee shall be employed in laying down the consti- tutional bases in question, and shall carry them into effect. It shall also have the gift of the first official appointments ; except- ing, however, those who may have been appointed to the Senate by the High Contracting Parties, who for this time reserve to themselves the right of choosing some well-known persons.

It shall also employ itself in assembling and putting into action the new Government of the Free City of Cracow and its territory. It shall enter into immediate communication with the existing administration, and is authorised to make all such changes therein as may be necessary for the public service, so long as this temporary state of affairs shall continue.

Non- establishment of Custom-houses.

Art. VI11. The Constitution of the Free City of Cracow and its territory, does not admit of the right, or establishment, of Custom-houses. The city is, however, permitted to levy Barrier- duties and Bridge-tolls (pontonage).

General Tariff of Tolls on Bridges and Roads.

Art. IX. In order to establish a fixed regulation with regard to the Tolls to be collected on the Bridges and Eoads of the Free City of Cracow, which are to be levied in proportion to the expense required to keep them in repair, it has been agreed that a general tariff shall be made by the Commission specified in Article VII.

This tariff shall only apply to goods, beasts of burthen or of draught, and cattle. It shall not apply to individuals, except at those times when the passage must be effected by water.

The toll-houses shall be established on the left bank of the Vistula.

The same Commission shall also agree upon the principles con- cerning the Currency.

123

3 May, 1815.] AUSTRIA, PRUSSIA, AND RUSSIA. [No. 14

[Independence, &c, of Cracow.]

Bights and Obligations of Mixed Subjects to be extended to Poles in

Treaties.

Art. X. All the Rights, Obligations, Advantages, and Privileges stipulated by the three High Contracting Parties, in the Articles relative to individuals possessing* property under different Govern- ments, to a general Amnesty, to free Trade and Navigation, are equally granted to the Free City of Cracow and its territory.

In order to facilitate the provisioning the City and Territory of Cracow, the three High Courts consent to allow fire-wood, coals, and every other article of first necessity, freely to pass and repass through the territory of the City of Cracow.

Revision of Duties and Bents payable by Peasants to Clergy and

State.

Art. XL A Commission shall regulate the Rights of Property, and the rents to be paid by the peasantry on Ecclesiastical and Crown Lands, in the manner best calculated to relieve and ame- liorate that class of individuals.

Postal Arrangements. Commission to regulate Postage.

Art. XII. The Free City of Cracow shall preserve for itself and upon its territory, the privileges of the Post. Each of the three Courts, however, shall have the option of establishing either their own Post-office at Cracow, for mails proceeding to and from their States, or merely to appoint a secretary at the Post-office at Cracow, to superintend this department. The Post- age of foreign letters, and of those of the interior, shall be settled in the regulations to be agreed upon by the Commission mentioned in Article VII.

Disposal of National Property.

Art. XIII. Whatever may be found in the Free City and Territory of Cracow, to have been National Property of the Duchy of Warsaw, shall, as such, belong in future to the Free City of Cracow. This property shall constitute one of its financial funds, and the revenue arising therefrom shall be applied to the support of the Academy, to other literary institutions, and principally to the improvement of the means of public education. The revenues arising from the barrier-duties and bridge-tolls, are, from their nature, to be appropriated to keeping the bridges and highways in repair ; both in the Free City as well as in the Territory of

124

No. 14] AUSTRIA, PRUSSIA, AND RUSSIA. [3 May, 1815.

[Independence, &c, of Cracow.]

Cracow, the Government shall be responsible for the execution of this part of the public service, so necessary to intercourse and commerce.

Non-contribution toivards Debts of Grand Duchy of Warsaw.

Art. XIV. The revenues of the Free City of Cracow, being so regulated that the surplus of the expenses of administration shall be appropriated to the purposes mentioned in the preceding Article, the City of Cracow shall not be called upon to contribute towards the payment of the Debts of the Duchy of Warsaw, and on the other hand, it shall have no share in the reimbursements which may be made to that Duchy. The inhabitants of Cracow shall always be at liberty to submit the arrangement of their private claims to the Commission which shall be authorised to settle the accounts.

Confirmation of Privileges and Property of Academy.

Art. XV."* The buildings and library belonging to the Academy of Cracow, its landed property, and mortgaged capital, together with all the privileges which it at present enjoys, are hereby secured to it.

Permission shall be granted to the inhabitants of the neigh- bouring Polish provinces to repair to that Academy, and to study there, as soon as it shall be regulated couformably with the intentions of each of the three Iliffh Courts.

•»*

Confirmation of Establishments, and Property of Bishopric, Chapter,

and Clergy of Cracow. Art. XVI. The Bishopric of Cracow, and the Chapter of that Free City, as well as all the secular and regular clergy, shall be continued. The funds, endowments, immoveable effects, rents, or collections, which constitute their property, shall be secured to them. The Senate, however, shall be at liberty to propose to the Assemblies of December, a different mode of expenditure from that which may exist, if it shall be proved that the present ap- propriation of the revenues, especially with regard to public instruction and the distressed situation of the inferior clergy, has been conducted iu a manner contrary to the intention of the founders. In every change to be made, the same formalities shall be observed as are usual in respect to the adoption of a law of the State.*

* See Vienna Congress Treaty of 9th June, 1815, Art. X.

125

3 May, 1815.] AUSTRIA, PRUSSIA, AND RUSSIA. [No. 14

[Independence, &c, of Cracow.]

Non-extension of Ecclesiastical Jurisdiction of Cracow to Austrian

and Prussian Territories.

Art. XVII. As the Ecclesiastical Jurisdiction of the Bishopric of Cracow is not to extend to the Austrian and Prussian terri- tories, the nomination of the Bishop of Cracow is specially reserved to His Majesty the Emperor of All the Russias, who, on this particular occasion, shall make the first nomination agree- ably to his own choice. In future, the Cha} ter and Senate shall each have the privilege of recommending two candidates for that appointment, from among whom His said Majesty shall select the new Bishop.

Deposit of Treaty and Constitution among Archives of Cracow.

Art. XVIII. A copy of the Articles before mentioned, as like- wise of the Constitution which forms a principal part of them, shall be formally deposited, by the joint Commission designated in Article VII, with the Archives of the Free City of Cracow, as a permanent proof of the generous principles adopted by the three High Powers in favour of the Free City and Territory of Cracow.

Matifications .

Art. XIX. The present Treaty shall be ratified, and the Ratifi- cations shall be exchanged in six days.

In faith of which the respective Plenipotentiaries have signed the same, and have fixed thereunto the Seals of their Arms.

Done at Vienna, the 3nl May , 1815.

(L.S.) LE PRINCE DE METTERNICH. (L.S.) LE PRINCE DE HARDENBERG. (L.S.) LE COMTE DE RASOUMOFFSKY.

12G

No. 15] AUSTRIA, PRUSSIA, AND RUSSIA. [3 May, 1815.

[Cracow.]

No. lb.— CONSTITUTION of the Free City of Cracow*

Vienna, 3rd May, 1815.

[This Constitution formed part of Annex III to the Vienna Congress Treaty of 9th June, 1815 (No. 27), and was Approved and Guaranteed by Article VII of the Treaty between Austria, Prussia, and Russia, of 3rd May, 1815 (No. 14).]

Aet. Table.

1. Constitution of the Free City of Cracow. Religion of the Country.

2. Equality of Christian Sects.

3. Rights of Agriculturists.

4. Government by a Senate.

5. Election of Senators.

6. Duration of Office.

7. Persons eligible as Electors and as Candidates.

8. Nomination of Public Functionaries by the Senate ; and to Ecclesiastical

Livings, with certain exceptions.

9. Division into Communes.

10. Annual Assembly of Representatives. Duties of Legislative Assembly.

11. Composition of the Assembly. Election of President from among Dele-

gates.

12. Alteration of Laws after consent of Senate. Formation of Civil and

Criminal Laws, and Procedure.

13. Power of Senate to postpone Laws. Duration of Annual Law of Finance

until replaced by another Law.

14. Arbitration Magistrates of Districts.

15. Court of First Instance, and Court of Appeal. Powers and Proceedings.

16. Composition of Supreme Court.

17. Proceedings in open Court, in Civil and Criminal Matters. Decision of

Juries.

18. Independence of Judicial Order.

19. Conditions of eligibility for office of Senator, Judge, or Representative

of a Commune. Eligibility of Functionaries previously in Office in Duchy of Warsaw.

20. Polish Language in Acts of Government, of Legislation, and of Judicial

Courts.

21. Inclusion of the Academy in the General Budget.

22. Municipal Militia for internal security and Police. Gendarmerie for

security of roads and country.

* By a Treaty between Austria, Prussia, and Russia, of the 6th November, 1846, the Independent existence of the Free City of Cracow was put an end to, and the City and its Territory were incorporated with the Austrian Dominions. The British Government protested against this infraction of the Vienna Congress Treaty, on the 23rd November, 1846. The French Govern- ment also protested against it, on the 3rd December, 1846.

127

3 May, 1815.] AUSTRIA, PRUSSIA, AND RUSSIA. [No. 15

[Cracow.]

Constitution of the Free City of Cracow. Religion of the Country. Art. I. The Catholic, Apostolic, and Roman Religion, is con- firmed as the religion of the country.

Equality of Christian Sects. Art. II. Every sect of the Christian Religion is free, and can- not constitute any difference with regard to social rights.

Mights of Agriculturists.

Art. III. The existing rights of the Agriculturist shall be maintained. The law knows no distinction among citizens, pro- tecting all alike. The law protects also the sects which are

tolerated.

Government by a Senate.

Art. IV. The Government of the Free City of Cracow and its Territory, shall be vested in a Senate, composed of twelve members, called Senators, and a President.

Election of Senators.

Art. V. Nine of the Senators, including the President, shall

be elected by the Assembly of Representatives ; the remaining

four shall be chosen by the Chapter and the Academy, each of

which shall have the right of returning two of their members to

the Senate.

Duration of Office.

Art. VI. Six members shall be appointed for life. The Presi- dent of the Senate shall remain in office for three years, with the power of being re-elected. Half of the remaining Senators shall retire from the Senate every year, to make room for the newly elected ; the three members who are to vacate their seats at the end of the first year, shall be regulated according to age ; that is to say, the youngest members shall go out the first. With regard to the four Senators elected by the Chapter and Academy, two of them shall remain in office for life; the other two shall be replaced at the end of every year.

Persons eligible as Electors and as Candidates.

Art. VII. The members of the secular clergy, and of the Uni- versity, as well as the owners of lands, houses, or any other kind of property, who pay 50 Polish florins land tax ; all proprietors of manufactories, merchants, and all who are registered as mem- bers of the Exchange, distinguished artists, and professors of schools, shall, as soon as they have attained the required age,

128

No. 15] AUSTRIA, PRUSSIA, AND RUSSIA. [3 May, 1815.

[Cracow.]

have the political right of voting*. They may also be elected, provided they fulfil the other conditions which the law enjoins.

Nomination of Public Functionaries by the Senate ; and to Eccle- siastical Livings, tvith certain exceptions. Art. VIII. The members of the Administration shall be ap- pointed by the Senate, which has the privilege of dismissing, at pleasure, public officers employed under its authority. It has likewise the nomination to ecclesiastical livings, the presentation to which belongs to the State ; with the exception of four places in the Chapter, which shall be reserved for the doctors of the faculties discharging the offices of instructors, and to which places the Academy shall appoint.

Division into Communes. Art. IX. The City of Cracow with its territory shall be divided into city and country Communes. The former shall, each of them, as far as local circumstances may permit, have a population of 2,000 souls, and the latter 3,500, at least. Each of these com- munes shall have a mayor, freely elected and charged with carrying the orders of Government into effect. In the country Communes, mayoralties may be discharged by deputy, if circum- stances require it.

Annual Assembly of Representatives. Duties of Legislative

Assembly.

Art. X. The Assembly of Representatives shall meet in the month of December each year, and their sitting shall not exceed four weeks. The legislative power shall be vested in this as- sembly ; it shall examine the annual accounts of the public administration, and shall prepare the budget every year ; it shall elect the members of the Senate, according to the contents of the organic Article in this respect ; the election of judges is also vested in this assembly, and they shall have the right (by a majority of two-thirds) to impeach public officers, of whatever rank, if suspected of embezzling money, or guilty of exaction, or of any other abuse in the discharge of their offices, and to bring them before the Supreme Court of Justice.

Composition of the Assembly. Election of President from among

Delegates.

Art. XI. The Assembly of Representatives shall be com- posed ;

129 k

3 May, 1815.] AUSTRIA, PRUSSIA, AND RUSSIA. [No. 15

[Cracow.]

1. Of the deputies of communes, each electing one.

2. Of three members chosen by the Senate.

3. Of three prelates, appointed by the Chapter.

4. Of three doctors of the faculties, appointed by the Uni- versity.

5. Of six magistrates of arbitration, actually in office, who shall serve in rotation. The President of the Committee shall be chosen from the three members, appointed by the Senate. No project of a law, tending to introduce any alteration in an exist- ing law or regulation, shall be proposed to the Committee of Representatives, unless it shall have been previously communi- cated to the Senate, and have received their sanction by a majority.

Alteration of Laws after consent of Senate. Formation of Civil and Criminal Laws, and Procedure.

Art. XII. The Assembly of Representatives shall employ itself in framing a civil and criminal code of laws, and in regu- lating the forms of proceeding. They shall appoint without delay a Committee to prepare the same, in the framing of which due regard shall be had to the local circumstances of the country, and to the habits of the people. Two members of the Senate shall be attached to this Committee.

Power of Senate to postpone Laivs. Duration of Annual Laiv of Finance until replaced by another Law.

Art. XIII. If a law has not received the consent of seven- eighths of the Representatives, and if the Senate declares, by a majority of nine votes, that the public interest requires it to be submitted again to the consideration of the Legislators, it shall be referred a second time to the decision of the Assembly of the following year. If it be an object of finance, the law of the preceding year shall remain in force until the new law has passed.

Arbitration Magistrates of Districts.

Art. XIV. The Assembly of Representatives shall appoint a Magistrate of Arbitration to every district, consisting of not less than 6,000 souls. He shall exercise his functions for three years. Besides his duty as Arbitrator, his business shall be to watch over the interests of minors, as well as to take cognisance of all suits relating to funds and landed property belonging to

130

No. 15J AUSTRIA, PRUSSIA, AND RUSSIA, L3 May, 1815.

[Cracow.]

the State, or to public institutions. Upon all matters referred to him in his double capacity, he shall communicate with the youngest Senator, whose special duty it shall be to attend to the interests of minors, and to actions of law concerning funds or landed property of the State.

Court of First Instance, and Court of Appeal* Powers and Pro- ceedings.

Art. XV. There shall be a Court of " First Instance" and a Court of Appeal. Three Judges in the former, and four in the latter Court, including their Presidents, shall hold their appoint- ments for life. The other Judges attached to each of these Courts, to the number which local circumstances may require, shall depend upon the free election of the communes, and shall remain in office no longer than the period specified in the organic laws. These two Courts shall try causes of all descriptions, whatever be their nature, or the rank of the parties. If the decision of both Courts be alike, no further appeal can be had. If their verdicts are essentially at variance, or if the Academy, after having examined the written pleadings, declare that there is ground for a complaint of a violation of law, or that the essential forms of proceeding have not been observed in a civil cause, as well with regard to sentences inflicting capital or igno- minious punishment, the suit shall again be brought before the Court of Appeal ; but in this case, there shall be added to the ordinary number of Judges, all the Magistrates of Arbitration belonging to the city, and 4 individuals, 2 of whom shall be chosen by each of the leading parties concerned, from among the citizens. Three Judges are necessary to give judgment in the First Instance, 5 in the Second, and 7 in the Last Resort.

Composition of Supreme Court.

Art. XVI. The Supreme Court appointed to try such causes as are referred to in Article X, shall be composed ;

1. Of five Representatives, drawn by lot.

2. Of three Members of the Senate, elected by that assembly.

3. Of the Presidents of the two Courts of Justice.

4. Of four Magistrates of Arbitration, in their turn.

5. Of three citizens, chosen by the public officer brought to trial.

Nine members are necessary to pronounce the sentence.

131 k 2

3 May, 1315.] AUSTRIA, PRUSSIA, AND RUSSIA. [No. 15

[Cracow.]

Proceedings in open Court, in Civil and Criminal Matters. Decision

of Juries.

Art. XVII. Civil and criminal causes are to bo decided in open Court. In the mode of proceeding (and, in the first instance, in causes strictly criminal), the institution of Juries shall be intro- duced, and adapted to the local situation of the country, and to the information and character of the inhabitants.

Independence of Judicial Order. Art. XVIII. The Judiciary Body is independent.

Conditions of eligibility for Office of Senator, Judge, or Representa- tive of a Commune.

Art. XIX. At the expiration of the sixth year, dating from the publication of the constitutional charter, the necessary quali- fications for becoming a Senator, by the election of the Eepresen- tatives, shall be ;

1. He must be 35 years of age.

2. He must have completed his studies in one of the univer- sities within the ancient kingdom of Poland.

3. He must have filled the office of Mayor during two years, that of Judge during two years, and that of Representative during two sessions of the assembly.

4. He must have possessed, for a year at least previous to the election, an immoveable property, charged with a land-tax of 150 Polish florins.

The qualifications for a Judge are ;

1. To be 30 years of age.

2. To have completed his studies in one of the above-men- tioned universities, and to have obtained the degree of Doctor.

3. To have been with an Attorney for one year, and to have practised also with an Advocate for the same period.

4. To possess immoveable property to the value of 8,000 Polish florins, which must have been acquired at least a year before the election.

In order to be elected a Judge of the " Second Instance" or President of either of the Courts, besides these qualifications, he must have filled the office of Judge in the first Court, or that of Magistrate of Arbitration for two years, and have been a Repre- sentative.

132

No. 15] AUSTRIA, PRUSSIA, AND RUSSIA. [3 May, 1815.

[Cracow.]

To be elected Representative of a commune, it is necessary ;

1. That he shall be 26 years of age.

2. That he shall have gone through a course of studies at the university of Cracow.

3. That he shall be possessed of immoveable property rated at 90 Polish florins, and acquired at least a year before the election.

Eligibility of Functionaries previously in Office in Duchy of Warsaw. The qualifications specified in the present Article shall not be applicable to those individuals who, during the existence of the Duchy of Warsaw, filled situations, by gift of the Crown, or by election of the Diet, nor shall they be applicable to those who have now obtained them by authority of the contracting Powers. These persons shall be fully entitled to be appointed or elected to every office.

Polish Language in Acts of Government, of Legislation, and of

Judicial Courts.

Art. XX. All Acts of Government, of the Legislature, and of the Courts of Justice, shall be in the Polish language.

Inclusion of the Academy in the General Budget.

Art. XXI. The revenues and expenditure of the Academy shall be included in the general budget of the Free City and Territory of Cracow.

Municipal Militia for Internal Security, and Police. Gendarmerie for security of Roads and Country.

Art. XXII. The duty of the police and safety of the interior shall be performed by a sufficient number of the municipal militia. This detachment shall be alternately relieved, and commanded by an officer of the line, who, having distinguished himself in the service, shall accept such a retirement.

A sufficient number of gendarmes shall bo armed and mounted for the protection of the roads and country.

Done at Vienna, the 3rd day of May, in the year of Our Lord, 1815.

(L.S.) LE PRINCE DE METTERNICH. (L.S.) LE PRINCE DE HARDENBERG. (L.S.) LE COMTE DE RASOUMOFFSKY.

18 May, 1815. J PRUSSIA, &c, AND SAXONY. LNo. 16

[Territorial.]

No. 16. — TREATY between Prussia (Austria, Russia) and Saxony. Signed at Vienna, "i&ih May, 1815.*

[This Treaty formed Annex IV to the Vienna Congress Treaty of 9th June, 1815 (No. 27)].

Art. Table.

Preamble.

1. Peace and friendship.

2. Cessions to Prussia.

3. Question of property of residents on frontiers. Maps and landmarks.

4. Titles of King of Prussia. Retention of titles by King of Saxony.

5. Evacuation of Saxon territory by Prussian troops.

6. Settlement of debts, taxes, &c.

7. Separation of archives, titles, maps, plans, &c., of ceded territories.

Renunciation of feudal rights beyond frontiers.

8. Retention of soldiers in service of their native country. Emigration.

Option to officers and aliens in ceded territory to choose between Saxon and Prussian services.

9. Arrangement of debts secured on mortgage.

10. Arrangement of obligations of Saxon " Central Steuer Commission."

11. Circulation of Saxon paper money {Cassenbillets) .

12. Settlement of accounts between Saxon?/ and the Circus of Cottbus.

13. Prussia and Saxony. Reciprocal Freedom of Emigration.

14. Appointment of Prussian and Saxon Commissioners to meet at Dresden.

15. Mediation of Austria in territorial arrangements between Prussia and

Saxony.

16. Prussia and Saxony. Property of Religious Establishments.

17. Regulation for navigation of Rivers ; Elbe, &c.

18. Fulfilment of Saxon contracts for farming revenues, &c.

19. Annual supply of Salt by Prussia to Saxony free from export duty.

20. Exemption of farm and other articles from import and export duties

respectively.

21. Prussia and Saxony. General Amnesty in Saxony.

22. Renunciation by Saxony of all claims upon the Duchy of Warsaw. Re-

cognition of Sovereign rights of Russia, Austria, and Prussia, over certain parts of Duchy.

23. Restoration by Saxony of Archives, &c., of Duchy of Warsatv.

24. Debts of Duchy of Warsaw.

25. Ratifications.

* Similar Treaties were concluded between Austria and Saxony and between Russia and Saxony on the same day. Great Britain acceded to this Treaty on the 18th September, 1815. See page 145.

S I V aly between Prussia and Saxony of 22nd August, 1866.

134

No. 16J PKUtsaiA, &c, and saxony, [18 May, 1815.

[Territorial.] (Translation as laid before Parliament.*)

Preamble.

In the Name of the Most Holy and Undivided Trinity.

His Majesty the King of Prussia on the one part, and His Majesty the King of Saxony on the other part, animated with the desire of renewing the ties of friendship and good understanding which have so happily subsisted between their respective States ; and being anxious to contribute towards the re-establishment of order and tranquillity in Europe, by carrying into effect the territorial arrangements stipulated at the Congress of Vienna ; their said Majesties have named for their Plenipotentiaries, to agree upon, conclude, and sign a Treaty of Peace and Friendship, viz. ;

His Majesty the King' of Prussia, the Prince Hardenberg, hia Chancellor of State, &c. ;

And the Sieur Charles William, Baron de Humboldt, his Minister of State, Chamberlain, Envoy Extraordinary and Minister Plenipotentiary to His Imperial and Koyal Apostolic Majesty ;

And His Majesty the King of Saxony, the Sieur Frederic Albert, Count de Schulemburg, his Chamberlain, &c. ;

And the Sieur Hans Augustus Furchtegott de Globig, his Chamberlain, Councillor of the Court and of Justice, and Confi- dential Referendaiy ;

Who, after having exchanged their full powers, found in due form, have agreed upon the following Articles ;

Peace and Friendship.

Art. I. From this day there shall be Peace and Friendship between His Majesty the King of Prussia on the one part, and His Majesty the King of Saxony on the other, their heirs and successors, their states and respective subjects, for ever.

Cessions from Saxony to Prussia.

Art. II. (Embodied in Vienna Congress Treaty (No. 27) as Article XV.)

Question of Property of liesidents on Frontiers. Maps and Land- marks.

Art. III. To prevent all injury of Private Property, and to protect, upon the most liberal principles, the property of indi-

* For French version, see " State Papers," vol. ii, p. 84.

135

18 May, 1815.] PRUSSIA, &c, AND SAXONY. [No. 16

[Territorial.]

viduals domiciliated upon the Frontier, His Majesty the King of Prussia and His Majesty the King of Saxony shall each appoint Commissioners to proceed conjoiutly in fixing the Limits of the countries which are to change Sovereigns, in virtue of the arrangements of the present Treaty.

As soon as the Commissioners shall have executed the duty assigned to them, and the same shall have been approved by the two Sovereigns, Maps shall be constructed and signed by the respective Commissioners, and Boundary marks placed to define their respective, limits.

Ducliy of Saxony. Titles to be borne by the King of Prussia.

xVrt. IV. (Embodied in Vienna Congress Treaty (No. 27) as Art. XVI.)

Evacuation of Saxon Territory by Prussian Troops.

Art. V. His Majesty the King of Prussia engages that his troops shall evacuate the Provinces, Districts, and Territories of the kingdom of Saxony which do not pass under his dominion, and to cause the administration thereof to be restored to the Saxon authorities, in 15 days from the exchange of the Ratifi- cations of the present Treaty.

Settlement of Debts, Taxes, Sfc.

Art. VI. Every arrangement which shall be a necessary and indispensable consequence of the cession to Prussia of the Pro- vinces and Districts designated in Article II, shall be forthwith considered ; such as those which relate to the Archives, Debts, Paper Money, or other Obligations of these provinces, as well as those of the kingdom in general ; also, those which relate to the Public Funds, to arrears, particularly those of the ordinary Taxes and Crown Rents, which have become due during the Prussian administration ; to the Landed Property of the religious, civil or military public establishments ; to the Army, the artillery ; to provisions and warlike stores ; to Feudal Rights,* and other matters of a similar nature.

The execution of the present Article shall take place by common consent, and Commissioners shall be appointed for this purpose by the two Governments.

* See Clause as to Feudal Rights in Vienna Congress Treaty of 9th June, 1815, Art. XIX.

13G

No. 16] PEUSSIA, &c, AND SAXONY. [18 May, 1815.

[Territorial,]

Separation of Archives, Titles, Maps, Plans, §-c, of Ceded Territories, fyc. Renunciation of Feudal Bights beyond Frontier.

Art. VII. The separation of the Records shall be effected in the following manner : — The Deeds of the Crown Lands, Documents, and Papers relating- exclusively to the Provinces, Territories, or Places ceded entirely by His Majesty the King of Saxony to His Majesty the King of Prussia, shall be given up to the Prussian Commissioners in thi-eo months from the date of the exchange of the ratifications.

The restitution of Plans of Fortresses, and Maps of Towns and Countries, shall be made in the same manner, and within the same period. Where a province or territory is not wholly ceded to Prussia, originals of the documents referring to it shall either be delivered to the Prussian Commissioners, or shall remain in the hands of the Saxon authorities, according as the greater or lesser portion of the province or territory shall have been ceded. The party retaining the originals engages to furnish the other with legalised copies thereof. The Saxon Government shall retain the originals of all acts and papers which, though not coming under either of the cases above specified, are of common interest to both parties ; engaging, at the same time, to deliver to Prussia legalised copies of the same.

The Prussian Commissioners shall be enabled to decide which of these acts, documents, or papers might be interesting to their Government.

Retention of Soldiers in Service of their Native Country. Emigra- tion. Option to Officers and Aliens in Ceded Territory to choose betioeen Prussian and Saxon Services.

Art. VIII. With regard to the Army, it is laid down as a principle, that all privates, non-commissioned officers, and other military persons below the rank of officers, shall be subject to that Power to whom the place of their nativity shall belong. Officers of all ranks, not excepting surgeons and chaplains, are at liberty to remain in the service of that Government which they shall prefer ; and this privilege shall be also extended to soldiers and other military persons below the rank of officers, who are not natives of Saxony or Prussia.

Arrangement of Debts secured on Mortgage.

Art. IX. The Debts specially mortgaged on the provinces

137

18 May, 1815.J PRUSSIA, &o., AND SAXONY. [No. 16

[Territorial.]

wholly ceded to Prussia, or remaining under the Government of Saxony, shall be liquidated by the Government to whom the said provinces shall belong1. His Majesty the King of Prussia, and His Majesty the King of Saxony, have established the following regulation with regard to those Debts which are to be liquidated by the provinces remaining in part to His Majesty the King of Saxony, as well as to those which belong to the kingdom in general.

The Debts, for the liquidation of which certain revenues have been specially assigned (Funded Debts), either as to capital or interest, shall be distinguished from those for which no pro- vision has been made. The former description of Debts shall follow those revenues, so that the proportion in which such revenues fall under the dominion of one or other of the two Governments shall also be that in which they shall be divided between them. With regard to those Debts, for the liquidation of which no certain revenues have been assigned (Unfunded Debts), the grounds upon which they have been contracted shall likewise determine to which fund they ought to have been assigned ; that is to say, what portion of the revenues should have been applied to the payment of interest and to the reim- bursement of the capital. Prussia and Saxony shall contribute to their liquidation, according to the share they shall receive of these revenues. If, contrary to all expectation, a case should arise where it would be impossible to decide upon the exact fund to which a particular debt should have been assigned, it shall be understood, that out of the total amount of the revenues belong- ing to the province, establishment, institution, or fund, for the accommodation of which such debt shall have been contracted, the same shall be discharged ; and it shall be at the charge of the two Governments, in proportion to the part of those revenues which each of them may receive. The pledges to be withdrawn on the reimbursement of the capital for which they had been held as a security, shall return to the province, establishment, institu- tion, or individual, to whom those pledges belonged. Those which are the property of a province divided between the two Powers, shall be shared according to the proportion which each part of such province may have contributed to the liquidation of the capital.

The principles above established concerning Debts shall likewise apply to Credits.

No, 16J PRUSSIA, &a, AND SAXONY. [18 May, 1815.

[Territorial.]

Arrangement of Obligations of Saxon " Central Steuer Commission."

Art. X. His Majesty the King of Prussia and His Majesty the King of Saxony, acknowledging the necessity of punctually fulfilling the engagements entered into for the wants and service of the kingdom of Saxony by the Commission styled " Central Steuer Commission" have agreed, that they shall.be mutually guaranteed and fulfilled by the two Governments. An equal number of Commissioners shall, therefore, be appointed without delay on both sides, to liquidate these Debts, to divide them according to the regulation established by Article IX, for Public Unfunded Debts, and to settle the mode and period of their payment.

Each Government engages to provide means for the discharge of these Debts, reserving, however, to themselves, reciprocally, to make these payments, either by arrears of taxes, and the felling of an extra quantity of timber, upon which these payments had been secured, or by other measures affording equal security, so that the periods of payment, in anticipation of which the arrears of taxes and the felling of timber was given, shall be punctually observed. Should, however, the produce of these arrears and of this timber prove insufficient to make good these stipulated engagements, it is agreed that such produce, as far as it concerns the Prussian territory, shall be appropriated, in the first instance, to the discharge of those payments, for which the Bank and Maritime Society of Prussia are responsible. If, in these payments, it shall be necessary to call upon Saxony to con- tribute towards their liquidation, and that, unexpectedly, the produce of the taxes and timber in that part of Saxony which is to provide for the same, should be insufficient to furnish the two above-mentioned establishments with the necessary sums, at the time of their becoming due, Prussia agrees to grant a delay for their payment till the fair of Leipsic, held on St. Michael's day of the present year. With regard to the other debts, towards the payment of which the produce of the taxes and the felling of timber is to be employed, His Majesty the King of Prussia and His Majesty the King of Saxony reserve to themselves, in the event of this produce being inadequate to the object in view, to enter into an arrangement, either by an amicable understanding with the creditors, or by prolonging the periods of payment, and facilitating the means of effecting them.

139

18 May, 1815.] PRUSSIA, &c, AND SAXONY. [No. 16

[Territorial.]

Circulation of Saxon Paper Money (Cassenbillets). Art. XI. His Majesty the King of Prusaia expressly ac- knowledges that the paper circulated under the name of " Cassen- billets " shall form part of the debts of the country, which shall be divided according to the principles established by Article IX. His Prussian Majesty promises, in consequence, to provide for the payment of that part which falls to his share ; and being desirous, equally with His Majesty the King of Saxony, to adopt such measures as may tend as much as possible to the welfare of their respective subjects, they mutually engage to form such an arrangement, with regard to this paper, as shall establish its credit in both territories. With this view, the two Governments have agreed to establish a joint office for " Cassenbillets" which shall be open at least until the 1st of September of this year; and each Government shall place at the disposal thereof, funds neces- sary for supporting the credit of this paper. They have also agreed that the regulations subsisting with regard to these " Cassenbillets," as to their acceptance at the public offices and other places, shall be in force during the above period, as well in that part of the kingdom of Saxony ceded to Prussia, as in that which remains to His Majesty the King of Saxony; and no change shall be made therein, except by common consent.

Settlement of Accounts between Saxony and the circus of Cottbus. Art. XII. His Majesty the King of Saxony having claims, either on account of revenues due from the circle of Cottbus, or on account of advances made to this circle, the Commission esta- blished by Article XIV shall take them into their special considera- tion, and apply to them the principles established in the present Treaty for the regulation of subjects of a similar nature.

Reciprocal Freedom of 'Emigration.

Art. XI II. (Embodied in Vienna Congress Treaty (No. 27) us Art. XX.)

Appointment of Prussian and Saxon Commissioners to meet at

Dresden.

Art. XIV. His Majesty the King of Prussia and His Majesty the King of Saxony shall immediately appoint Commissioners to determine, in an exact and detailed manner, the points which form the subject of this Act, from Articles VI to XIII, and from XVI to XX. This Commission shall assemble at Dresden, and

140

No. 16] PRUSSIA, &C, AND SAXONY. [18 May, 1815.

[Territorial.]

their labours shall be completed at latest in 3 months, dating from the exchange of the ratifications of this Treaty.

Mediation of Austria in Territorial Arrangements between Prussia

and Saxony.

Art. XV. His Majesty the Emperor of Austria having offered his Mediation in every arrangement, between the Courts of Prussia and Saxony, rendered necessary in consequence of the territorial cessions stipulated in Article II ; His Majesty the King of Saxony aud His Majesty the King of Prussia accept this Mediation, both in regard to the general and particular arrangements entrusted to the Commissions mentioned in Articles III and XIV.

His Imperial and Royal Apostolic Majesty engages, in con- sequence, to appoint without delay a Commissioner, invested with Full Powers, to assist in the labours of the said Commissions.

Property of Religious Establishments.

Art. XVI. (Embodied in Vienna Congress Treaty (No. 27) as Art. XXI.)

Regulation of Navigation of Rivers ; Elbe* §c.

Art. XVII. The general principles which have been adopted at the Congress of Vienna for the Free Navigation of Rivers (No. 11), shall serve as a guide to the Commission appointed in virtue of Article XIV, to regulate without delay, whatever relates to navigation ; and shall be particularly applied to that of the Elbe, and floats of wood, and rafts of timber, as also to the waters known by the names of Elster-Werdaer-Floss-Graben, the Schwarze-Elster, and the Weisse-Elster ; as well as to that of the Floss-Graben, which flows from this latter River.

Fulfilment of Saxon Contracts for Farming Revenues, fyc. Art. XVIII. His Majesty the King of Prussia engages to fulfil the Contracts made between the Government and the farmers of Crown Lands or Land Revenues, in the provinces and territories ceded in virtue of Article II, the leases of which are not yet expired.

Annual Supply of Salt by Prussia to Saxony free from Export Duty.

Art. XIX. His Majesty the King of Prussia promises to fur-

* See Treaty between Prussia, Saxony, &c., of 23rd June, 1821 ; and between Austria, &c., and Hanover of 13th April, 1811; and Great Britain and Hanover of 22nd July, 1844.

141

18 May, 1815.J PRUSSIA, &c, AND SAXONY. (No. 16

[Territorial.]

Jiish annually to the Saxon Government, and the latter engages to receive, 150,000 quintals of Salt (the quintal calculated at 110 pounds market weight of Berlin), for a sum which, without augmenting the present price paid by Saxon subjects, shall secure to His Majesty the King of Saxony a duty as nearly equal as possible to that which he received on the sale of each quintal of Salt, immediately previous to the last war.

The Commission which shall assemble in virtue of Article XIV, shall regulate, according to this principle, the price of the quintal, as also the number of years during which it shall continue at that price ; and at the expiration of such period, a new regulation shall be made by common consent, both with regard to the quan- tity and the price of the Salt.

The quantity of 150,000 quintals, sold yearly, may be increased, upon the demand of the Saxon Government (of which demand, if the increase is to be 50,000 quintals, six months' notice, at least, shall be given ; if it shall exceed that quantity, a year's notice) to 250,000 quintals ; which the Prussian Government engages to furnish on the same conditions, as the minimum above-mentioned. It is understood that, at the expiration of the period agreed upon, the minimum of 150,000 quintals shall not, under any circum- stances, be reduced at the pleasure of either party, and that the principle established respecting the price, by the present Article, shall again form the basis of the new regulation.

The Salt which the Saxon Government shall receive, in virtue of the present Article, shall be supplied from the salt-works of Durrenberg and Koesen ; and in case the quantity above-men- tioned should not be procured from these salt-works, it shall be furnished from the Prussian salt-works nearest to the frontiers of Saxony.

No export duty shall be paid on the Salt which the Prussian Government shall furnish to Saxony in virtue of this Article, on its conveyance from the works to the frontiers, nor shall any other duties whatever be paid thereon, except those levied at the barriers, bridges, canals, or locks, than are paid by Prussian subjects on the same route, and for the same modes of con- veyance.

Exemption of Farm and oilier Articles from Import and Export

Duties respectively.

Art. XX. The exemption from export duties, referred to at

142

No. 16] PRUSSIA, &c, AND SAXONY, [18 May, 1815.

[Territorial,]

the conclusion of the preceding Article, in respect to Salt, shall be extended with the same modification, by the Prussian and Saxon Governments respectively, to the exportation and importation from one territory to the other, of grain, of fuel of every description, of timber, lime, slates, mill-stones, bricks, and stone of all kinds, whether these articles are purchased by subjects of the two Governments, or by the Governments themselves.

His Majesty the King1 of Prussia, and His Majesty the King of Saxony, at the same time, mutually engage never to prohibit or interrupt the exportation of the said articles.

General Amnesty in Saxony. Art. XXI. (Embodied in General Treaty (No. 27) as Art. XXII.)

Renunciation by Saxony of all Claims upon the Duchy of Warsaiv. Art. XXII. His Majesty the King of Saxony renounces for himself, his heirs and successors, as well as for the Princes of his House, their heirs and successors, for ever, every claim arising from Crown or other property, which might be derived from the possession of the Duchy of Warsaw.

Recognition of Sovereign Rights of Austria, Prussia, and Russia over certain Portions of the Duchy. His Majesty recognizes the rights of Sovereignty over that country, such as they are stipulated by the Treaty of Vienna, of the 21st April (3rd May) of the present year (Nos. 12, 13), for the Provinces which pass under the sceptre of His Majesty the Emperor of all the Russias, with the title of King of Poland ; for those Parts which revert to His Majesty the Emperor of Austria, on the right bank of the Vistula ; as well as for the Provinces to be possessed by His Majesty the King of Prussia, under the title of Grand Duchy of Posen.

Restoration by Saxony of Archives, tf-c, of Duchy of Warsaiv.

Art. XXIII. His Majesty the King of Saxony engages, that the Records, Maps, Plans, and all Documents whatever belonging to the Duchy of Warsaw, shall be faithfully restored. This restitution shall take place within 6 months from the day of the exchange of the Ratifications of the present Treaty.

Debts of Duchy of Warsaw. Art. XXIV. His Majesty the King of Saxony is released from

143

18 May, 1815.] PRUSSIA, &C, AND SAXONY. [No. 16

[Territorial.]

all responsibility and charge whatever, with regard to the pay- ment of debts contracted on account of the Duchy of Warsaw, by consent of the Ministry of Finance, or other public officers of that country ; particularly from all obligations imposed upon him by the Convention of Bayonne,* which is annulled, and from the loan obtained on the Salt mines of Wieliczka.

With regard to the 2,550,193 florins, claimed as having been transferred from the treasury of Saxony into that of the Duchy of Warsaw ; as it is stipulated by the Treaty signed the 21st April (3rd May), between Prussia, Austria, and Russia, that a Commission of liquidation, composed of Russian, Austrian, and Prussian Commissioners, should immediately assemble at Warsaw, and that the 3 Courts have invested this Commission with the necessary authority to inquire into the exterior and interior debt, and also their claims and charges against each other ; the above claim shall be disposed of in the same manner. The claims on the part of Saxony, to that sum, shall undergo the same examination, and shall be submitted to the said Commission, to which His Majesty the King of Saxony shall be at liberty to send an accredited Commissioner on his part, who shall assist in their deliberations.

Ratifications.

Art. XXV. The present Treaty shall be ratified, and the acts of Ratification exchanged in three days, or sooner, if possible.

In faith of which the respective Plenipotentiaries have signed it, and have affixed thereunto the Seal of their Arms.

Done at Vienna, the 18th May, in the year of Our Lord, 1815.

(L.S.) LE PRINCE DE HARDENBERG. (L.S.) LE BARON DE HUMBOLDT. (L.S.) LE COUNT SCHULENBURG. (L.S.) DE GLOBIG.

* 10th May, 1808.

144

No. 16] GREAT BRITAIN, &c, AND SAXONY. [18 May, 1815-

[Territorial.]

TREATY of Accession of Great Britain, to the Territorial Treaty hetioeen Saxony and Prussia (Austria and Russia), of 18th May, 1815. Signed at Paris, 18th September, 1815.

Art. Table.

Preamble. Reference to Vienna Congress Treaty of 9th June, 1815.

1. Accession of Great Britain to Territorial Treaty between Prussia and

Saxony.

2. Acceptance of Accession by King of Saxony.

3. Ratifications.

(English Version.*) In the Name of the Most Holy and Undivided Trinity.

Reference to Vienna Congress Treaty of 9th June, 1815.

His Majesty the King of the United Kingdom of Great Britain and Ireland, having agreed to the arrangements made respecting Saxony and the Duchy of Warsaw, by the Great Act of Congress, signed on the 9th day of June last (No. 27), and also by the Treaty of the 18th of May thereto annexed, and herein- after particularly set forth ; and His Majesty the King of Saxony, desirous of procuring the immediate Accession of His Britannic Majesty to the said Treaty of the 18th of May, having invited His said Majesty and His said Majesty having agTeed, to accede thereto by a direct Treaty with His Saxon Majesty, their said Majesties have named :

His Majesty the King of the United Kingdom of Great Britain and Ireland, the Right Honourable Robert Stewart, Viscount Castlereagh, Knight of the Most Noble Order of the Garter, one of His Majesty's Privy Council, a Member of Parliament, Colonel of the Regiment of Londonderry Militia, and Principal Secretary of State for Foreign Affairs ;

And His Majesty the King of Saxony, Count de Schulenburg, a Privy Counsellor, Chamberlain of His said Majesty, &c. ;

Who, having exchanged their respective Full Powers, have agreed upon the following Articles : —

Accession of Great Britain to Territorial Treaty between Prussia

and Saxony.

Art. I. His Majesty the King of the United Kingdom of Great Britain and Ireland, accedes to all the Stipulations of the Treaty

* For French version, see " State Papers," vol. ii, p. 871.

145 L

18 May, 1815. J GREAx BRITAIN, &c., AND SAXONY. [No. 16

[Territorial.]

entered into between their Majesties the Kings of Prussia and Saxony, bearing date the 18th of May, 1815, and also between His said Majesty the King of Saxony and the Emperors of Austria and Russia respectively, as hereinafter inserted.

[Here follows the Treaty of 18th May, 1815. Page 134.]

Acceptance of Accession by King of Saxony.

Akt. II. His Majesty the King of Saxony accepts of the above Accession, and renews to His Majesty the King of the United Kingdom of Great Britain and Ireland, the Engagements therein contained, and engages to fulfil and execute, in the whole and every part thereof, all the Stipulations of the said Treaty which His Saxon Majesty has on his part, therein stipulated to fulfil and execute.

Ratifications.

Art. HI. The present Treaty shall be ratified, and the Ratifi- ?ations exchanged in the term of three months, or sooner if possible.

In witness whereof, the respective Plenipotentiaries have signed it, and have affixed thereunto the Seals of their Arms.

Done at Paris, this 18th of September, 1815.

(L.S.) CASTLEREAGH.

(L.S.) LE COMTE DE SCHULENBURG.

[A similar Treaty of Accession between France and Saxonj was signed on the same day.]

146

No. 17] GEEAT BEITAIN, &c, AND SAXONY. [18 May, 1815.

[House of Schonburg-.]

No. 17.— DECLARATION of the King of Savony, re- specting the Rights of the House of Schdnburg. Vienna, 18th May, 1815.

[This Declaration formed Annex V to the Vienna Congress Treaty of 9th June, 1815, No. 27.]

Preamble. Confirmation and Guarantee by the 5 Powers of the Privileges of the House of the Princes of Schdnburg recognised by Saxony in the Reels of 4th May, 1740.

Declaration by Saxony for observance thereof, and for recognition of advan- tages and rights which may be assured to the Princes and Courts of Schdnburg by the Germanic Confederation. Fulfilment by Saxony of Reces of 4th May, 1740.

Acceptance of the Declaration by the 5 Powers, 29th May, 1815.

(Translation as laid before Parliament.*)

Preamble. Confirmation and Guarantee by the 5 Towers of the

Privileges of the House of the Princes of Schdnburg recognised

by Saxony in the Reces of 4th May, 1740.J

EIis Majesty the King of Saxony being willing to conform to the arrangements made by the Courts of Russia, Austria, France, Great Britain, and Prussia, relative to the House of Schdnburg, as contained in the following Article, which forms Article XXXIII of those Articles that have been communicated to His said Majesty at Presburg, viz. :

" Article. The High Contracting Parties, in expressly reserving to the House of the Princes of Schdnburg the Rights which shall in future belong to that Family, in consequence of the rank it- holds in the Germanic Confederation, confirm and guarantee to them respectively, in regard to their possessions in the Kingdom of Saxony, all the prerogatives which the Royal House of Saxony has recognised in the Reces of the 4th of May, 1740, concluded between Saxony and the House of Schdnburg," Declares : —

Declaration by Saxony for observance thereof, and for recognition of Advantages and Rights which may be assured to the Princes and Courts of Schdnburg by the Germanic Confederation.

I. That he engages to the Five Powers above mentioned, to

* For French version see " State Papers," vol. ii, p. 93. t See Appendix.

147 l 2

18 May, 1815.] GBEAT BRITAIN, &c, AND SAXONY. [No. 17

[House of Schonburg-.'J

acknowledge the Advantages and Rights which shall be secured in the Germanic League to the Princes and Counts of Schonburg, which shall, however, not affect the Rights which the Court of Saxony exercises over the possessions of the said House.

Fulfilment by Saxony of Reces of kill May, 1740.*

IT. His Majesty the King of Saxony engages also to the Five Powers, for himself and his successors, to fulfil, and to cause to be fulfilled, for ever, and in their full extent, the stipulations con- tained in the Reces of the 4th May, 1740.

The present Declaration shall have the same force and validity as if it had been inserted in the Treaty concluded this day between His said Majesty and their Majesties the Emperor of xlustria, the Emperor of Russia, and the King of Prussia. Done at Vienna, the 18th May, 1815.

(L.S.) LE COMTE SCHULENBURG-. (L.S.) DE GLOBIG.

Act of Acceptation of the above Declaration by the 5 Poivers. Vienna, 29th May, 1815.

(Translation.)

This Undersigned Plenipotentiaries of Austria, Russia, France, Great Britain, and Prussia, formally accept, on the part of their respective Courts, the above Declaration, made in the name of His Majesty the King of Saxony, to the end that the engage- ments therein contained shall have the same force as if they had been textually inserted in the Treaty concluded on the 18th May between the above Courts and His Majesty the King of Saxony.

Done at Vienna, the 29th May, 1815.

(L.S.) LE PRINCE DE METTERNICH.

(L.S.) LE PRINCE DE TALLEYRAND.

(L.S.) LE PRINCE DE HARDENBERG.

(L.S.) CLANCARTY.

(L.S.) LE PRINCE DE RASOUMOFFSKY.

* See Appendix.

148

NO. 13] GREAT BRITAIN, NETHERLANDS, &c. [19 May, 1815.

[Russian-Dutch Loan.]

NO. 18.— CONVENTION between Great Britain and the Netherlands and Russia, respecting the Russian-Dutch Loan. — Signed at London, Idth May, 1815.

Akt. Table.

Preamble.

1. Portion of Loan to be borne by Great Britain and the Netherlands.

2. Interest and Sinking Fund.

3. Mode of Payment.

4. Russia to be security to Creditors, and to administer the Loan. Great

Britain and the Netherlands liable to Russia for their respective Proportions.

5. Payments by Great Britain and the Netherlands to cease on Belgic Fro-

vinces being severed from the Netherlands: but not to cease in case of War.

6. Ratifications.

A ddition al A Hide.

Payments to be made in case of part cf Belgic Provinces being severed

from Dominions of Belgium. Payments to be made in case of Invasion or Temporary Occupation of

Belgic Provinces. Ratification.

(Translation as laid before Parliament.*)

Preamble. In the name of the Most Holy and Undivided Trinity.

His Majesty the King of the Netherlands being desirous, upon the final Re-union of the Belgic Provinces with Holland, to render to the Allied Powers, who were Parties to the Treaty concluded at Chaumont on the 1st of March, 1814, f a suitable return for the heavy expense incurred by them in delivering the said Territories from the power of the enemy ; and the said Powers having, in consideration of arrangements made with each other, mutually agreed to waive their several pretensions under this head in favour of His Majesty the Emperor of All the Russias, His said Majesty the King of the Netherlands has thereupon resolved to proceed immediately to execute with His Imperial Majesty a Convention to the following effect, to which His Britannic

* For French version see " State Papers," rol. ii, p. 378. f See Appendix.

149

19 May, 1815.] GREAT BRITAIN, NETHERLANDS, Ac. [No. 18

[Russian-Dutch Loan,]

Majesty agrees to be a party in pursuance of engagements taken by His said Majesty with the King of the Netherlands, in a Conven- tion signed at London on the 13th day of August, 1814 (No. 5).

In consequence thereof, the Three said High Contracting Parties have appointed as their Plenipotentiaries, namely : His Majesty the King of the United Kingdom of Great Britain and Ireland, the Right Honourable Robert Stewart, Viscount Castle- reagh, Knight of the Most Noble Order of the Garter, one of His said Majesty's Most Honourable Privy Council, &c. ;

His Majesty the Emperor of All the Russias, the Sieur Chris- topher Count de Lieven, his Ambassador Extraordinary and Plenipotentiary to His Britannic Majesty, &c. ; and

His Majesty the King of the Netherlands, the Sieur Henry Baron Fagel, a Member of the Corps des Nobles of the Province of Holland, his Ambassador Extraordinary and Plenipotentiary to His Britannic Majesty, &c. ;

Who, aftor having mutually exchanged their Full Powers, found in good and due form, have agreed upon the following Articles :

Portion of Loan to be borne by Great Britain and the Netherlands.

Art. I. His Majesty the King of the Netherlands hereby engages to take upon himself a part of the capital and arrears of interests, to the 1st of January, 1816, of the Russian Loan made in Holland through the intervention of the House of Hope and Co. in Amsterdam, to the amount of 25,000,000 of florins, Dutch currency; the annual interest of which sum, together with an annual payment for the liquidation of the same, as hereafter specified, shall be borne by, and become a charge upon the King- dom of the Netherlands.

And His Majesty the King of the United Kingdom of Great Britain and Ireland, engages on his part, to recommend to his Parliament to enable him to take upon himself an equal capital of the said Russian Loan, viz., 25,000,000 of florins, Dutch cur- rency ; the annual interest of which sum, together with an aimual payment for the liquidation of the same, as hereafter specified, shall be borne by, and become a charge upon the Government of His Britannic Majesty.*

* See Act of Parliament, 55 Geo. Ill, c. 115, 28th June, 1815 ; and Statement at page 154.

150

No. 18] GREAT BRITAIN, NETHERLANDS, &c. [19 May, 1815

[Russian-Dutch Loan.]

Interest and Sinking Fund.

Art. II. The future charge to which their said Belgic and Britannic Majesties shall be respectively liable in equal shares on account of the said debt, is to consist of an annual Interest of Five per cent, on the said capitals, each of 25,000,000, together with a sinking fund of one per cent, for the extinction of the same, the said sinking fund being subject, however, to be increased on the demand of the Russian Government, to any annual sum not exceeding three per cent. ; the same to be payable till the capital of the said debt shall be fully discharged, when the aforesaid charge for interests and sinking fund shall wholly cease to be borne by their said Belgic and Britannic Majesties respectively.

Mode of Payment.

Art. III. Their said Belgic and Britannic Majesties respec- tively bind themselves, on or before the usual day or days in each year, on which the interest on the said debt shall be due and payable, to deposit with the agent of the Russian Government in Holland, their respective proportions of the said interest and sinking fund, as above specified ; provided always, that pre- viously to the advance of each successive instalment so to be paid, the said agent shall be authorised to furnish a certificate to each of the said two High Contracting Parties, declaring that the preceding instalment has been duly applied in discharge of the interest, and in reduction of the principal of the said debt : together with the corresponding payments, on account of the Russian Government on that part of the debt which shall remain a charge on the said Government.

Russia to be security to Creditors, and to administer the Loan, Great Britain and the Netherlands liable to Russia for their respective proportions.

Art. IV. The Russian Government shall continue, as hereto- fore, to be security to the creditors for the whole of the said loan, and shall be charged with the administration of the same ; the Governments of the King of the Netherlands and of His Britannic Majesty remaining liable and bound to the Government of His Imperial Majesty, each for the punctual discharge, as above, of the respective proportions of the said charge.

151

19 May, 1815.] GREAT BRITAIN, NETHERLANDS, &c. [No. 18

[Russian-Dutch. Loan.]

Payments by the Netherlands and Great Britain to cease on Belgic Provinces being severed from the Netherlands. Art. V. It is hereby understood and agreed between the High Contracting Farties, that the said payments on the part of their Majesties the King of the Netherlands and the King of Great Britain, as aforesaid, shall cease and determine, should the possession and Sovereignty (which God forbid) of the Belgic Provinces at any time pass or be severed from the dominions of His Majesty the King of the Netherlands previous to the com- plete liquidation of the same.*

Payments not to cease in case of War. It is also understood and agreed between the High Contract- ing Parties, that the payments on the part of their Majesties the King of the Netherlands and the King of Great Britain, as afore- said, shall not be interrupted in the event (which God forbid) of a War breaking out between any of the three High Contracting Parties ; the Government of His Majesty the Emperor of All the Eussias being actually bound to its creditors by a similar agree- ment.

Ratifications. Art. VI. The present Convention shall be ratified, and the Ratifications thereof shall be exchanged at London in six weeks, or sooner if possible.

In faith whereof we the Undersigned, in virtue of our Full Powers, have signed the present Convention, and affixed thereto the Seal of our Arms.

Done at London, the 19th day of May, in the year of Our Lord, 1815.

(L.S.) CASTLEREAGH. (L.S.) LIEVEN. (L.S.) H. FAGEL.

* See also Additional Article, page 153. The Union between the Nether- lands and Belgium was dissolved by the Treaty between the 5 Powers and Belgium of 15th November, 1831 ; and on the 16th November, 1831, a Con- vention was concluded between Great Britain and Russia, relative to the Russian-Dutch Loan, which was carried into effect by an Act of Parliament, 2 and 3 Wm. IV, c. 81, 3rd August, 1832. On the £§th August, 1850, a Convention was concluded between the Nelherlands and Russia respecting the ancient Russian Debt.

152

No. 18] GEEAT BEITAIN, NETHEELANDS, &C. [19 May, 1815.

[Russian-Dutch Loan.]

Additional Article.

Payments to be made in case of Part of Belgic Provinces being Severed from the Dominions of Belgium. In order to prevent any doubts that might hereafter arise, with respect to the meaning and operation of Article V* of the Convention this day signed, it is understood and agreed between the 3 High Contracting Parties, that in the event of a part of the Belgic Provinces being at any time hereafter severed from the Dominions of His Belgic Majesty, a proportionate reduction only of the charge agreed to be borne by their Majesties the King of the Netherlands, and the King of Great Britain, to be calculated according to the Population of the Districts so severed, shall thereupon take place ; the residue of the respective payments continuing to be regularly defrayed, as provided for in the said Convention.

Payments to be made in case of Invasion or Temporary Occupation of

Belgic Provinces. It is further understood and agreed, that the invasion or tem- porary occupation of the said Provinces, by an enemy, shall not be considered as determining any part of the said payments, unless continued beyond the period of a year ; in which case it shall be competent for their said Majesties the King of the Netherlands, and the King of Great Britain, to suspend their respective payments, subject to account with the Government of His Imperial Majesty, upon the expulsion or evacuation of the said Provinces by the enemy, for the whole, or such proportion of the said Arrears as may correspond with the state of posses- sion in which His Majesty the King of the Netherlands may at such period find himself established.

Ratifications. This Additional Article shall be ratified on the same day as the Convention signed on this day ; and it shall have the same force and validity as if it were inserted word for word in the said Convention.

In faith whereof, we, the Undersigned, in virtue of our Full Powers, have signed the present Additional Article, and affixed thereto the Seal of our Arms.

* See page 152. 153

19 May, 1815.] GKEAT BRITAIN, NETHERLANDS, &c. [No, 18

[Russian-Dutch Loan.]

Done at Loudon, the 19th of May, in the year of Our Lord, 1815.

(L.S.) CASTLEREAGII. (L.S.) II. FAGEL. (L.S.) LIEVEN.

(Annex.) — Statement of the Capital, Interest, and Sinking Fund, of that part of the Russian Delt in Holland, to he provided for by Great Britain, in pursuance of the preceding Convention.

Sterling, at the par of Dutch Guilders. Eleven Guilders.

Capital 25,000,000 2,272,727 5 5

154

1 1

Interest at 5 per cent 1,250,000 113,G36 7 iHh

Sinking Fund at 1 per cent 250,000 22,727 5 5

1 1

i i

Total Annual Charge . . Gldrs. 1,500,000 £136,363 12 8T\

No. 19] AUSTRIA, &c, AND SARDINIA. [20 May, 1815.

[Genoa, Geneva, &c]

No. 19. — TREATY between Austria (Great Britain, Russia, Prussia, and France) and Sardinia. Signed at Vienna, 20th May, 1815.

[This Treaty formed Annex XIII to the Vienna Congress Treaty of 9th June, 1815, No. 27.]

Art. Table.

Preamble.

1. Frontiers of the States of the King of Sardinia. Island of Capraja.

2. Union of the States of Genoa with the States of the King of Sardinia.

3. Title of King of Sardinia ; Duke of Genoa.

4. Rights and Privileges of Genoese. See also Annex A.A.

5. Union of the Imperial Fiefs to Sardinia. Imperial Fiefs.

6. Rights of Fortifying.

7. Savoy. Cession by King of Sardinia to the Canton of Geneva. See also

Annex B.B.

8. Switzerland and Sardinia. Neutrality of Chablais and Fauciyny. Passago

of Troops.

9. Treaty to form part of Definitive Arrangement. 10. Ratifications.

A.A. Conditions (annexed to Article IV of the Treaty of the 20th May, 1815), which are to serve as the Bases of the Union of the Genoese States to those of His Sardinian Majesty. (Page 159.)

1. Genoese to enjoy equal Privileges with Sardinians.

2. Genoese Military to be incorporated with Royal Troops.

3. Arms and Colours of Genoa.

4. Re-establishment of Free Port of Genoa.

5. Provincial Council. Election of President of Council. Re-election of

Members. Duties of the Council. Time of Assembly of Councils. Extraordinary Assembly of Councils. Right of Intendant of the Province to a seat in the Assembly. Levy of New Taxes. Vote of President. Assent of Provincial Councils to Levy of New Taxes. Majority of Votes.

6. Maximum of Taxes.

7. Public Debt Guaranteed.

8. Civil and Military Pensions. Pensions to Clergy and individuate of

Religious Institutions ; and to Genoese Nobles.

9. Supreme Tribunal to be called a Senate.

10. Currency.

11. Levy of Troops.

12. Genoese Body Guard.

155

20 May, 1815.] AUSTRIA, &c, AKD sabdikia. [No. 19

[Genoa, Geneva, &c]

Aet. Table.

13. Formation and Duties of a Municipal Body.

14. University of Genoa.

15. Tribunal and Chamber of Commerce. 10. Persons in Office.

17. Bank of St. George.

B.B. Cession made by His Majesty the King of Sardinia to the Canton of Geneva. Annexed to Article VII of the Treaty of the 20th May, 1815. (Page 164.)

1. Parts of Savoy ceded to Canton of Geneva.

2. Free Communication between the Canton of Geneva and the VaJais.

Free Communication for Genevese Troops between Territory of Geneva and Jurisdiction of Jussy.

3. Free Exercise of Eoman Catholic Eeligion in ceded States.

4. Delivery of Title Deeds of Landed Property, &c.

5. Treaty of 3rd June, 1754, Confirmed. Article XIII Annulled.

6. Conveyance of Articles of Consumption for the Canton of Geneva.

7. Exemption from Transit Duties. Exceptions.

Additional and Separate Article to the Territorial Treaty between Austria and Sardinia, of 20th May, 1815.

Confirmation of Sardinian right of Eeversion to Dtichy Ptacentia, under Treaties of Aix-la-Chapelle, 1748, and Paris, 1763. Further Agree- ment on termination of Negotiations respecting Parma and Ptacentia.

Eventual Transfer of Fortress of Ptacentia, with a Eadius, by Sardinia to Austria, for an equivalent.

Eatifications.

(Translation as laid before Parliament.*) Preamble. In the name of the Most Holy and Undivided Trinity.

His Majesty the King of Sardinia, &c., &c, being restored to the full and entire possession of his Continental States, in the same manner as he possessed them on the 1st of January, 1792, with the exception of the part of Savoy ceded to France by the Treaty of Paris of the 30th May, 1814 (No. 1), and certain changes having since been agreed upon, during the Congress of Vienna (No. 27), relative to the extent and limits of the said States.

nis Majesty the Emperor of Austria and His Majesty the King of Sardinia, wishing to confirm and establish, by a formal Treaty, everything relating to these points, have in consequence named for their Plenipotentiaries, viz. :

* For French version, see " State Papers," vol. ii, p. 152.

150

No. 19] AUSTRIA, &c., AND SARDINIA. [20 May, 1815.

[Genoa, Geneva, &c]

His Majesty the Emperor of Austria, King' of Hungary and Bohemia, the Sieur C lenient- Venceslas-Lothaire, Prince de Metter- nich-Winnebourg-Oehsenhausen, Chamberlain, intimate and actual Councillor of His Majesty the Emperor of Austria, His Minister of State, of Conferences, and of Foreign Affairs, his First Plenipotentiary at the Congress, &c. :

And the Sieur John Philip, Baron de Wessenberg, Chamberlain, and intimate and actual Councillor of His Imperial and Ro3ral Apostolic Majesty, His Second Plenipotentiary at the Congress, &c. :

And His Majesty the King- of Sardinia, &c, &c, the Sieurs Don Anthony Maria Philip Asinari, Marquis de St. Marsau and de Carail, Count de Castigliole, Cartosio, and Castelletto, Val d'Erro, His Minister of State, and Principal Secretary for the War De- partment, and His First Plenipotentiary at the Congress, &c. :

And Count Don Joachim Alexander Rossi, Knight Grand Cross, His Majesty's Councillor, and his Envoy Extraordinary and Minister Plenipotentiary to the Court of His Imperial and Royal Apostolic Majesty, and his Second Plenipotentiary at the Congress, &c. :

Who, in virtue of the full powers produced by them at the Congress of Vienna, found to be in due and proper form, have agreed upon the following Articles :

Frontiers of the States of the King of Sardinia. Island of

Cap raj a.

Art. I. (Embodied in Vienna Congress Treaty (No. 27) as Art. LXXXV.)

Union of the States of Genoa with the States of the King of

Sardinia.

Art. II. (Embodied in Vienna Congress Treaty (No. 27) as Art. LXXXVI.)

Title of King of Sardinia ; Dulce of Genoa.

Art. III. (Embodied in Vienna Congress Treaty (No. 27) as Art, LXXXVII.)

Rights and Privileges of Genoese.

Art. IV. (Embodied in Vienna Congress Treaty (No. 27) as Art. LXXXVIII.)

157

20 May, 1815.] AUSTRIA, &c, AND SARDINIA. [No. 19

[Genoa, Geneva, &c]

Union of the "Imperial Fiefs" to Sardinia. Ligurian Republic.

Art. V. (Embodied in Vienna Congress Treaty (No. 27) as Art, LXXXIX.)

Eight of Fortifying.

Art. VI. (Embodied in Vienna Congress Treaty (No. 27) as Art. XC.)

Savoy. Cession by the King of Sardinia to the Canton of Geneva.

Art. VII. (Embodied in Vienna Congress Treaty (No. 27) as Art. XCI.)

Switzerland and Sardinia. Neutrality of Chablais and Favcigny.

Passage of Troops.

Art. VIII. (Embodied in Congress Treaty (No. 27) as Art, XCTI.)

Treaty to form, part of Definitive Arrangement. Art. IX. The present Treaty shall form part of the Definitive Arrangements of the Congress of Vienna,

Ratifications.

Art. X. The Ratifications of the present Treaty shall be exchanged in six weeks, or sooner, if possible.

In faith of which the respective Plenipotentiaries have signed the present Treaty, and have affixed thereunto the Seal of their Arms.

Done at Vienna the 20th of May, in the year of Our Lord, 1815.

(Signed) (L.S.) LE PRINCE DE METTERNICH.

(L.S.) LE MARQUIS DE ST. MARSAN.

(L.S.) LE BARON DE WESSENBERO.

(L.S.) LE COMTE DE ROSSI.

[N.B. — Treaties containing the same stipulations, and bearing the same date, were concluded and signed between the King of Sardinia and the Courts of London, Berlin, Petersburg!), and Paris.]

158

No. 19] AUSTETA, &c., AND SARDINIA. [20 May, 1815.

[Genoa, Geneva, &c]

Annex A. A. Conditions annexed to Article IV, of the Treaty of the 20th May, 1815, which are to serve as a Bases of the Union of the Genoese States to those oj His Sardinian Majesty.

Genoese to enjoy equal Privileges with Sardinians.

Art. I. The Genoese shall in every respect be placed upon the same footing with the other subjects of the King-. They shall be equally eligible with them to civil, judicial, military, and diplo- matic employments of the monarchy, and, excepting the Privileges which are hereafter granted and guaranteed to them, they shall be subject to the same laws and regulations, with such modifica- tions as His Majesty shall judge it expedient to introduce.

The Genoese nobility shall be admitted, equally with the nobility of the other parts of the monarchy, to the principal offices and employments of the Court.

Genoese Military to be incorporated with Royal Troops.

Art. II. The Genoese Military, at present composing the troops of Genoa, shall be incorporated with the royal troops ; the officers and non-commissioned officers shall retain their respective ranks.

Arms and Colours of Genoa.

Art. III. The Arms of Genoa shall be introduced in the royal escutcheon, and its colours into the flag of His Majesty.

Re-establishment of Free Port of Genoa. Art. IV. The Free Port of Genoa shall be re-established with the regulations which existed under the ancient Government of Genoa. Every facility shall be given by the King to the transit, through his States, of merchandise proceeding from that Free Port, under such restrictions as His Majesty shall judge expedient for preventing the said merchandise being illicitly sold or con- sumed in the interior. It shall be subject only to the usual mode- rate duty.

Provincial Councils.

Art. V. A Provincial Council shall be established in the dis- trict of each Intendant, composed of 30 members, chosen from among the most respectable individuals of each class, out of a list of 300 persons of the greatest note in each district.

159

20 May, 1815.] AUSTRIA, &c, AND SARDINIA. [No. 19

[Genoa, Geneva, &c]

They shall be named, in the first instance, by the King", and renewed in the same manner, by fifths, every two years. The retirement of the four first-fifths shall be decided by ballot. The organisation of these Councils shall be regulated by His Majesty.

Election of President of Council.

The President named by the King need not be selected from the Council : in such case, he shall not possess the right of voting.

Re-election of Members.

The members cannot be re-elected until four years after their retirement.

Duties of the Council.

The Council shall attend only to the wants and claims of the communes of the Intendancy, as to what concerns their particular administration, and shall be allowed to make representations on the subject.

Time of Assembling of Councils. It shall assemble each year at the principal place of the Inten- dancy, at such period and for such length of time as His Majesty shall determine.

Extraordinary Assembling of Councils.

His Majesty shall have the right of assembling it upon extra- ordinary occasions, should he think fit.

Bight of Intendant of the Province to a Seat in the Assembly.

The Intendant of the Province, or he who supplies his place, shall have the right of a seat in the Assembly, as the King's Commissioner.

Levy of Neiv Taxes.

Whenever the exigencies of the State shall require the levy of new Taxes, the King shall assemble the different Provincial Councils in such city of the ancient Genoese territory as he shall appoint, and under the presidency of such person as he shall have delegated for that purpose.

Vote of President.

The President, when not chosen from the Council, shall not have a deliberative vote.

ICO

No. 19] AUSTRIA, &c., AND SARDINIA. [20 May, 1815.

[Genoa, Geneva, &c]

Assent of Provincial Councils to levy of new Taxes.

The King shall not send to the Senate of Genoa, for registra- tion any edict having for its object the imposing of extraordinary taxes, until the assent of the Provincial Councils, assembled as above, shall have been received.

Majority of Votes. A majority of one vote shall determine the question in the Provincial Councils, whether assembled separately or together.

Maximum of Taxes.

Art. VI. The maximum of Taxes, which His Majesty shall have the right to establish in the Slates of Genoa, without con- sulting the united Provincial Councils, shall not exceed the pro- portion actually established in the other parts of his dominions ; the taxes at present levied, shall be regulated by this standard, and His Majesty reserves to himself to make such modifications as his wisdom and his goodness towards his Genoese subjects, may dictate with respect to what assessment should be made, whether upon land, or for direct or indirect taxes.

The maximum of taxation being thus regulated, whenever the exigencies of the State shall require the levy of new taxes or extraordinary duties, His Majesty shall refer to the Provincial Councils for their vote of approbation, for the sum which he shall judge it proper to propose, and for the description of tax to be established.

Public Debt guaranteed.

Art. VII. The Public Debt, such as it legally existed under the late French Government, is guaranteed.

Civil and Military Pensions.

Art. VIII. Pensions, both Civil and Military, granted by the State, according to the laws and regulations, shall be continued to all Genoese subjects living in His Majesty's States.

Pensions to Clergy and Individuals of Religious Institutions ; and

to Genoese Nobles.

Under the same conditions, those Pensions shall be discon- tinued which have been granted to the Clergy, or to individuals of both sexes formerly belonging to religious institutions ; as well

161 M

20 May, 1815.] AUSTRIA, 4a, AND SARDINIA. [No. 19

[Genoa, Geneva, &c]

as those, winch, by way of relief, have been granted to Genoese Nobles by the French Government.

Supremo Tribunal to be called a Senate.

Art. IX. A grand Court of Justice or Supreme Tribunal shall be established at Genoa, with the same powers and privileges as those of Turin, Savoy, and Nice, and which, like them, shall be called a Senate.

Currency.

Art. X. The gold and silver Currency of the ancient State of Genoa, actually in circulation, shall be received at the public offices equally with Piedmontese Coins.

Levy of Troops.

Art. XI. The levies of Troops, called Provincial levies, in the country of Genoa, shall not exceed the proportion of those in the other States of His Majesty. The naval and military services shall be calculated alike.

Genoese Body Guard.

Art. XII. His Majesty shall raise a Genoese company of Body Guards, which shall form a fourth company of his guards.

Formation and Dtttles of a Municipal Body.

Art. XIII. His Majesty shall establish at Genoa a Municipal Body, composed of forty nobles, twenty citizens of independent property, or following any liberal profession, and twenty of the principal merchants. The first appointments shall be made by the King, and the vacancies shall be filled up by the Municipal Body itself, subject to the King's approbation.

This Body shall receive from the King its particular regula- tions with respect to its President and the division of its labours.

The Presidents shall take the title of Syndics, and shall be chosen from among its members.

The King reserves to himself, whenever he shall judge it proper, to appoint a person of the first distinction as President of the Municipal Body.

The powers belonging to the Municipal Body shall be, the administration of the city revenues, the superintendence of the petty police of the city, and the care of its charitable institu- tions.

162

No. 19] AUSTKIA, &c, AND SAKDINIA. [20 May, 1815.

[Genoa, Geneva, &c]

A King's Commissioner shall assist at the sittings and delibe- rations of the Municipal Body.

The members of this body shall wear a particular dress, and the Syndics shall have the privilege of wearing a robe or gown similar to that of the Presidents of Tribunals.

University of Genoa.

Art. XIV. The University of Genoa shall be continued, and shall enjoy the same privileges as that of Turin.

His Majesty will consider of the means of providing for its wants.

His Majesty shall take this establishment under his special protection, as well as the other institutions of instruction, educa- tion, the Belles Lettres, and charity, which shall also be main- tained.

His Majesty will preserve to His Genoese subjects, the exhi- bitions which they enjoy in the college called the Lyceum, at the expense of Government; reserving to himself the adoption of such regulations upon this subject as he shall judge proper.

Tribunal and Chamber of Commerce.

Art. XV. The King shall preserve to Genoa, a Tribunal and a Chamber of Commerce, with the powers actually belonging to those two establishments.

Persons in Office.

Art. XVI. His Majesty shall take into his particular conside- ration, the situation of persons in the States of Genoa who are now in office.

Banlc of St. George.

Art. XVII. His Majesty will gladly receive the plans and propositions which may be presented to him upon the means of re-establishing the Bank of St. George.

163 M 2

20 May, 1815.1 AUSTRIA, &C, AND SARDINIA. [No. 19

[G-enoa, Geneva, &c]

Annex B. B. Cession made by His Majesty the King of Sardinia to the Canton of Geneva.

Annexed to Article VII of the Treaty of the 20th May, 1815.

Parts of Saxony ceded to Canton of Geneva. Art I. His Majesty the King of Sardinia places at the dis- posal of the High Allied Powers, that part of Savoy which is situated between the river Arve, the Rhone, the limits of that part of Savoy ceded to France, and Mount Saleve, as far as Veiry inclusive, together with that part which lies between the high road, called that of the Simplon, the Lake of Geneva, and the present territory of the canton of Geneva, from Vezenas to the point where the river of Hermance crosses the said road, and from thence, following the course of that river to where it enters the Lake of Geneva, to the east of the village of Hermance (the whole of the road of the Simplon continuing to be possessed by His Majesty the King of Sardinia) in order that these countries shall be united to the canton of Geneva ; with the reservation, however, of determining more precisely, by Commissioners respec- tively, their limits, particularly of that part which relates to the demarcalion above Veiry, and on Mount Saleve. His Majesty renounces, for himself, and his successors, in perpetuity, all rights of sovereignty, and other rights which may belong to him in all the places and territories comprised in this line of frontier, with- out exception or reservation.

Free Communication between the Canton of Genera and the Valads.

Free Communication for Gcnevese Troops between Territory of

Geneva and. Jurisdiction of Jussy.

Art. II. His Majesty consents that the communication between the canton of Geneva and the Valais by the road of the Simplon, shall be established in the same manner as it has been agreed to by France, between Geneva and the canton of Yaud, by the route of Versoy. A free communication shall also be at all times granted for the Genevese troops, between the territory of Geneva and the jurisdiction of Jussy, and such facilities shall be allowed as may be necessary for proceeding by the lake to the road of the Simplon.

Free exercise of Roman Catholic Religion in ceded States. Art. III. On the other hand, His Majesty being averse to

164

No. 19] AUSTRIA, &c, AND SARDINIA. [20 May, 1815.

[Genoa, Geneva, &c]

giving his consent that a part of his territory should be ceded to a State whose prevailing religion is different, without securing to the inhabitants of the country so ceded, the enjoyment of the free exercise of their religion, the means of keeping up their religious establishments, and the free enjoyment of all rights of citizenship ;

It is agreed that,

1. The Roman Catholic religion shall be maintained and pro- tected, in the same manner as at present, in all the communes ceded by His Majesty the King of Sardinia, which are to be united to the canton of Geneva.

2. Those parishes which are neither dismembered nor divided by the new frontier line, shall retain their present boundaries, and shall be served by the same number of clergymen ; and with regard to the detached portions, which are not sufficiently exten- sive to constitute a parish, application shall be made to the bishop of the diocese, to obtain their annexation to some other parish of the canton of Geneva.

3. If the number of Protestants in the said communes, ceded by His Majesty, is less than that of the Roman Catholics, the schoolmasters shall at all times be Roman Catholics.

No Protestant place of worship shall be established, excepting one in the town of Carrouge.

Two-thirds at least of the municipal officers shall be Roman Catholics; and of the three individuals who fill the office of Mayor and his two assistants, two shall always be Roman Catho- lics.

In case the number of Protestants in any of the communes shall equal that of the Roman Catholics, they shall stand upon an equal footing, and shall be alternately elected to the Municipal Body and to the office of Mayor ; in this case, however, there shall always be a Roman Catholic schoolmaster, even if there be a Protestant one established.

The present Article is not intended to prevent Protestants, residing in a commune inhabited by Roman Catholics, from erect- ing at their own expense a private chapel, for the exercise of their religion, if they think proper ; or from having likewise at their own expense, a Protestant schoolmaster, for the private education of their children.

4. The funds, revenues, and the administration of existing charitable donations and institutions shall remain untouched; and

105

20 May, 1815,] AUSTRIA, &c, AND SARDINIA [No. 19

[Genoa, Geneva, &c]

private individuals shall not be prevented from making' new ones.

5. The new Government shall continue the provision made by the present Government for the support of the clergy and of religious worship.

6. The Roman Catholic Church, now established at Geneva, shall be maintained, as at present, at the expense of the State, as the eventual laws of the constitution of Geneva have already de- creed. A suitable establishment and provision shall be made for the clergyman.

7. The Roman Catholic communes and the parish of Geneva shall continue to form part of the diocese which is to govern the provinces of Chablais and Faucigny, unless it should be otherwise regulated by the authority of the Holy See.

8. In no case whatever shall the bishop be disturbed in his pastoral visits.

9. The inhabitants of the ceded territory are placed entirely on the same footing in point of civil and political rights, with those of the city of Geneva : they shall enjoy these rights equally with them, excepting, however, the rights of property, of citizen- ship, or of the commune.

10. Roman Catholic children shall be received into the public schools : they shall not be instructed in matters of religion in common with the Protestants, but separately ; and ecclesiastics of the Roman Catholic communion shall be appointed for this purpose.

11. The communal property, or property belonging- to new communes, shall be preserved to them, and it shall continue to bo administered as heretofore, and the revenues applied to their use.

12. These communes shall not be taxed more than the old ones.

13. His Majesty the King of Sardinia reserves to himself the right of representing to the Helvetic Diet, and of supporting by means of his Diplomatic Agents accredited to it, every claim to which the non-fulfilment of the above Articles might give rise.

Delivery of Title Deeds of Landed Property, Sfc.

Art. IV. All deeds of landed property and documents con- cerning ceded matters shall be given up by His Majesty the King of Sardinia to the canton of Geneva as soon as possible,

ICG

No, 19] AUSTRIA, &c, AND SARDINIA. [20 May, 181

[Genoa, Geneva, &c]

Treaty of 3rd June, 1754,* confirmed — Art. XIII annulled.

Art. V. The Treaty concluded at Turin the 3rd of June, 1754, between His Majesty the King of Sardinia and the Eepublic of Geneva is hereby confirmed, with regard to all those Articles which are not at variance with the present transaction ; but His Majesty, wishing to give the canton of Geneva a particular mark of his good will, consents, nevertheless, to annul that part of Article XIII of the above Treaty which denied to the citizens of Geneva who at that time had establishments and property in Savoy, the privilege of making it their principal residence.

Conveyance of Articles of Consumption for the Canton of Geneva.

Art. VI. His Majesty, from the same motives, agrees to make arrangements with the canton of Geneva in order to facilitate the conveyance from his States of articles intended for the consump- tion of the town and canton.

Exemptions from Transit Duties.

Art. VII. An exemption from all duties of transit shall be granted for all merchandise and goods which, coming from the States of His Majesty the King of Sardinia and the free port of Genoa, shall traverse the road called the Simplon in its whole extent, through the Valais and the State of Geneva.

Exceptions.

It is understood that this exemption is confined to the transit, and shall not extend either to the tolls established for the mainte- nance of the road, or to duties levied on merchandise or goods intended to be sold or consumed in the interior.

The same reservation shall apply to the communication granted to the Swiss between the Valais and the canton of Geneva ; and the different Governments shall for this purpose take such measures as by common agreement they shall judge necessary, either for taxation or for preventing contraband trade in their territories respectively.

* See Appendix.

167

20 May, 1815.1 AUSTRIA, &c, AND SARDINIA. [No. 19

[Genoa, Geneva, &c,]

Additional and Separate Article to the Territorial Treaty between Austria and Sardinia, of 20th May, 1815.*

(Translation as laid before Parliament.!)

Confirmation of Sardinian Right of Reversion to Duchy of Placentia, under Treaties of Aix-la-Chapelle, 1748,$ and Paris, 1763.§ Further Agreement on termination of Negotiations respecting Parma and Placentia.

The right of reversion of His Majesty the King- of Sardinia to the Duchy of Placentia, stipulated by the Treaty of Aix-la- Chapelle of 1748,$ and by the Treaty of Paris of 10th June, 1763, § is confirmed. The cases in which that right will have to be realised, shall be regulated by common consent, when the negotiations relative to the States of Parma and Placentia shall be completed.

Eventual Transfer of Fortress of Placentia, with a Radius, hy Sar- dinia to Austria, for an equivalent.

It is, however understood that in case of that reversion occur- ring, the town of Placentia, and a radius of 2,000 toises, starting from the ridge of the external glacier, shall remain in full sove- reignty and ownership to His Majesty the Emperor of Austria, his heirs and successors, and there shall be ceded as a compen- sation to His Majesty the King of Sardinia another portion of the States of Parma, or some other contiguous to his States in Italy, as shall appear to him most convenient, and equivalent in popu- lation and revenue to the town of Placentia and to the above radius.

Ratifications.

The present Additional and Separate Article shall have the same force and validity as if it had been inserted word for word in the Treaty of this day's date/ It shall be ratified, and the ratifications shall be exchanged at the same time.

* This Additional and Separate Article was confirmed by the Treaty between the 5 Powers and Spain, of 10th June, 1817, but it was not then assented to by Sardinia. See Treaty between Lucca, Modena, Tnscanv, Austria, and Sardinia, of 28th November, 1811.

t For French version, see "State Papers," vol. ii, p. 959.

% See Appendix. § See Appendix.

168

No. 19] AUSTRIA, &c, AND SARDINIA. [20 May, 1815.

[Genoa, Geneva, &c]

In witness whereof, the respective Plenipotentiaries have signed the same, and have affixed thereto the Seals of their Arms.

(L.S.) LE MARQUIS DE SAINT MARSAN.

(L,S.) LE COMTE ROSSI. (L.S.) LE PRINCE DE METTERNICII. (L.S.) LE BARON DE WESSENBERG.

1CJ

27 May, 1815.] AUSTRIA AND SWITZERLAND. TNo. 20

[Switzerland.]

No. 20. — ACT of Acceptance by the Swiss Confederation of the Declaration of the 8 Powers of the 20th March, 1815.

Signed at Zurich, 21th May, 1815.*

[This Act formed Annex XIb to the Vienna Congress Treaty of 9th June, 1815 (No, 27).]

Table.

Preamble,

Acceptance of Declaration of 8 Powers of 20th March, LS15.

Perpetual Neutrality of the Helvetic Body.

Fulfilment of Dispositions of Declaration of 8 Powers.

(Translation as laid before Parliament.-}")

Preamble.

The Diet of the Swiss Confederation, at its special sitting- held at Zurich, having' received in its sitting of the 3rd of April, 1815, through the Mediation of the Ministers accredited to the Con- federation, viz. :

M. de Schraut, Austrian Minister, in the name of His Imperial and Royal Apostolic Majesty, as also by virtue of special powers, of His Royal Highness the Prince Regent of Portugal ;

M. Stratford Canning, accredited on the part of His Majesty the King of the United Kingdom of Great Britain and Ireland ;

The Count Augustus Talleyrand, on the part of His Most Christian Majesty the King of France, as also by virtue of special powers, of His Majesty the King of Spain and of the Indies ;

The Baron Chambrier d'Olleyres, in the name of His Majesty the King of Prussia ;

The Baron Krudener, Charge d' Affaires of His Majesty the Emperor of Russia ;

The Declaration relative to the affairs of Switzerland, inserted in the Protocol of the Congress of Vienna the 19th, and signed the 20th March, 1815 (No. 9), by the Plenipotentiaries of the 8 Powers who were parties to the Treaty of Paris of the 30th May, 1814 (No. 1);

* See also Act of the 5 Powers, signed at Paris, 20th Nvoember, 1815. f For French version, see "State Papers," yol. ii, p. 147.

170

No. 20] AUSTRIA AND SWITZERLAND. [27 May, 1815.

[Switzerland.]

Hastened to communicate this Act to the 19 Confederated Cantons, inviting them to give their sanction to the Diet's de- claring*, in due and proper form, the general Accession of Switzerland to the arrangements contained in the said instrument ;

The chief authorities of each Canton, having maturely con- sidered the object of this communication, and having successively made known to the Federal authority their final determination ;

The Diet of the Swiss Confederation, in pursuance of the Acts deposited in their Archives, and of the Declarations inserted in their Protocol, by which it appears that a number of Cantons, exceeding that which the Federal union prescribes, for the accept- ance of the most important resolutions of the Helvetic Body, have declared their consent thereto ; which, according to the terms of the Constitution, becomes thereby that of the whole Confederation;

Have adopted the following Resolutions ;

Acceptance of Declaration of 8 Powers of 20th March, 1815.

1 . The Diet accedes, in the name of the Swiss Confederation, to the Declaration of the Powers assembled at the Congress of Vienna, under date of the 20th March, 1815, and promises that the stipulations contained in the " Transaction," inserted in this Act, shall be faithfully and religiously observed.

Perpetual Neutrality of the Helvetic Body.

2. The Diet expresses the eternal gratitude of the Swiss nation towards the High Powers, who, by the above Declaration, assign to them, with a Boundary far more advantageous, its ancient important frontiers ; unite three new Cantons to the Confede- ration ; and promise solemnly to Acknowledge and Guarantee the perpetual Neutrality of the Helvetic Body, as being necessary to the general interest of Europe. The Diet feels the same senti- ments of gratitude for the uniform kindness with which the august Sovereigns have exerted themselves in bringing about a recon- ciliation of the differences which had arisen between the Cantons,

Fulfilment of Dispositions of Declarations of 8 Powers.

8. In pursuance of the present Act of Accession, and of the Note addressed to the Swiss Envoys at Vienna, the 20th March, 1815, by Prince Metternich, President of the Conferences of the 8 Powers, the Diet declares its wish that the Ministers of

171

27 May, 1815.] AUSTRIA AND SWITZERLAND. [No. 20

[Switzerland.]

their Majesties, residing' in Switzerland, would, in pursuance of the Instructions which they have received, and of the powers with which they have been invested, give effect to the dispositions of the Declaration of the 20th March (No. 9), and cany into execution the engagements therein contained.

In faith of which the present Act has been signed and sealed, at Zurich, the 27th May, 1815.

In the name of the Diet of the Swiss Confederation, the Bur- gomaster of the Canton of Zurich, President,

The Burgomaster of the Canton of Zurich, President, (L.S.) DE WYSS.

The Chancellor of the Confederation of Switzerland, Mousson.

J 11

No. 21] PRUSSIA AND HANOVER. [29 May, 1815.

[Lauenburg:, Oldenburg-, &c]

No. 21. — TREATY between Prussia and Hanover. Signed at Vienna, 2dth May, 181-5.

[This Treaty formed Annex VI to the Vienna Congress Treaty of Oth June, 1815 (No. 27).]

Aet. Table.

Preamble.

1. Cessions made by Prussia to Hanover.

2. Renunciation by Prussia of the Chapter of St. Peter.

3. Cessions by Hesse-Cassel to Hanover. Indemnities by Prussia.

4. Cessions by Hanover to Prussia of part of Duchy of Lauenburg.

5. Navigation of the Ems and Port of Hmbden .

6. Military Roads.

7. Return of Military to their Homes. Pensions.

8. Title Deeds, Documents, Plans, &c, of ceded Districts.

9. Responsibility of new Possessor of Countries ceded for all Debts.

10. Disposal of Meppen and Rheina-Woiheck. Settlement of Frontier of

Looz-Corswaren. Relations of Bentheim towards Hanover.

11. Exchange of Territory between Prussia and Brunswick.

12. Cession to be made to Oldenburg by Hanover.

13. Ratifications.

(Translation as laid before Parliament.*)

In the Name of the Most Holy and Undivided Trinity.

His Majesty the King' of Prussia, and His Majesty the King of the United Kingdom of Great Britain and Ireland, King of Hanover, desiring to comprise in a particular Treaty the dis- positions contained in the Protocols signed the 13th and 21st of February, 1815, of the Committee of Plenipotentiaries of England, Austria, Russia, Prussia, and France, in order to carry into effect the stipulations of the Treaty concluded at Reichenbach on the 14th June, 1813,f and to fulfil the territorial arrangements consequent upon the engagement therein con- tained on the part of His Prussian Majesty, the two Sovereigns have named Plenipotentiaries to concert, agree upon, and sign, whatever relates to this subject, viz. :

* For French version, see " State Papers," vol, ii, p. 04.

f See Appendix.

173

29 May, 1815.] PRUSSIA AND HANOVER. [No. 21

[Lauenburg, Oldenburg-, &c]

His Majesty the King of Prussia, the Prince Hardenberg, his Chancellor of State, his First Plenipotentiary at the Con- gress, &:'.

And the Sieur Charles William Baron de Humboldt, His said Majesty's .Minister of State, his Chamberlain, Envoy Extra- ordinary and Minister Plenipotentiary to His Imperial and Roj^al Apostolic Majesty ; his second Plenipotentiary at the Congress of

Vienna, &c.

And His Majesty the King of the United Kingdom of Great Britain and Ireland, King of Hanover, the Sieur Ernest Frederic Herbert, Count Minister, Hereditary Grand Marshal of the King- dom ; his Minister of State and of the Cabinet, and his Minister Plenipotentiary at the Congress of Vienna, &c.

And the Sieur Ernest Christian George Augustus, Count de nardenberg ; his Minister of State and of the Cabinet, his Envoy Extraordinary and Minister Plenipotentiary at the Congress of Vienna, &c. ; who, after having exchanged their Fall Powers, found in good and proper form, have agreed to the following Articles :

Cessions made by Prussia to Hanover.

Akt. I. (Embodied in Vienna Congress Treaty (No. 27) as Art. XXVII.)

Renunciation by Prussia of the Chapter of St. Peter.

Art. II. (Embodied in Vienna Congress Treaty (No. 27) as Art. XXVIII.)

( 'ession by Hesse-C'assei to Hanover. Indemnities by Prussia.

Art. III. His Majesty the King of Prussia engages, in con- sideration of certain indemnities to be taken out of the mass of the countries secured to him by the arrangements of the Congress of Vienna, to induce:

1. His Royal Highness the Elector of Hesse to cede to His Majesty the King of the United Kingdom of Great Britain and Ireland, King of Hanover, to be possessed by him and his suc- cessors, in fall sovereignty and property, the three bailiwicks of reehto, Frendenberg, and Aubourg, otherwise called Wagenfeld, with the districts and territories dependent thereon, as well as

174

No. 21] PRUSSIA AND HANOVER. [29 May, 1815.

[Lauenburgr, Oldenburg-, &c]

that part which His Royal Highness possesses of the County of Schaumburg and the Lordships of Plessen and Neuengleichen.

2. His Serene Highness the Landgrave of Hesse Rothen- burg to renounce for ever the rights which he possesses in the said Lordship of Plessen, in order that these rights may be trans- ferred to His Britannic Majesty, King of Hanover. As the cession on the part of His Royal Highness the Elector of Hesse and the renunciation of the Landgrave of Hesse Rothenburg, above mentioned, have not been obtained within the three months prescribed by Article XL of the Protocol of the 13th of February, 1815 ; and as the reciprocal cessions ought to have been effected pursuant to that Article, with the reservation, that whilst Prussia continued in possession of the territory destined as a compen- sation to the Elector of Hesse and the Landgrave of Rothen- burg, Hanover should retain, on her part, that portion of the Duchy of Lauenburg which has been made over to His Prussian Majesty, in virtue of Article IV ; this arrangement shall continue in force until Hanover shall have actually acquired the cessions and renunciations on the part of Hesse, and until the Govern- ments of Prussia and Hanover shall have agreed upon indemnities to be given to the latter for the diminution which would result from the loss of the territories comprised in the said cession and renunciation, indemnities which shall be provided out of the Eichsfeld, and of the Prussian part of the County of Hohen- stein.

His Prussian Majesty and His Royal Highness the Prince Regent of Great Britain and Hanover, having already consented to the other cessions to be made in virtue of the stipulations con- tained in the Protocol of the 13th February, 1815, the two High Contracting Parties will give the necessary orders that these cessions may be completed in 8 weeks from the date of the signature of the present Treaty.

Cessions made by Hanover to Prussia.

Art. IV. (Embodied in Vienna Congress Treaty (No. 27) as Art, XXIX.)

Navigation of the Ems, and Port of Embden.

Art. V. (Embodied in Vienna Congress Treaty (No. 27) as Art. XXX.)

175

29 May, 1815.1 PRUSSIA AND HANOVER. [No. 21

[Latienburgr, Oldenburg, &c]

Military Roads.

Art. VI. (Embodied in Vienna Congress Treaty (No. 27) as Art, XXXI.)

Return of Military to their Homes. Pensions.

Art. VII. The military, in the active service of the two High Contracting Powers, natives of the countries ceded by one Power to the other in virtue of the present Convention, shall be sent home in one year from the exchange of the ratifications of the present Convention. Officers of every rank may have the option of continuing in the service to which they are at present attached.

The pensions allowed to different ranks of military shall con- tinue to be paid by the Powers who have granted them.

Title Deeds, Documents, Plans, (Jr., of Ceded Districts.

Art. VIII. The High Contracting Parties reciprocally engage to restore to each other the Title-Deeds of Crown lands, and the documents and papers which relate to provinces and districts mutually ceded, within two months from the day of the resti- tution of each of the said provinces or districts. The same rule shall be observed with respect to the plans and maps of the towns and countries above mentioned.

Responsibility of new Possessor of Countries Ceded for all Debts.

Art. IX. In all the countries ceded or exchanged in pur- suance of the present Convention, the new possessor shall be responsible for all the debts, specially mortgaged upon the said countries, as well as for those contracted for the expenses incurred in the actual improvement of these countries.

The debts constitutionally contracted in the name of the country, particularly those in the Duchy of Lauenburg since 1798 ; for the expenses of forming the line of frontier, and those occa- sioned by the occupation of the French ; shall be acknowledged as debts of the country, and the mode of effecting the speedy and punctual reimbursement of the capital and interest shall be settled with the concurrence of the provincial States.

Disposal of Meppen and Rheina-Wolbech. Settlement of Frontier of Looz-Corsivaren. Relations of Bentheim towards Hanover.

Art. X. The bailiwick of Meppen, belonging to the Duke of

176

No. 21] PEUSSIA AND HANOVER. [29 May, 1815.

[Lauenburgr, Oldenburg-, &c]

Aremberg, as well as the part of Rheina-Wolbeck which belongs to the Duke of Looz-Corswaren, which are now provisionally occupied by the Hanoverian Government, shall be placed in the situation, with respect to the kingdom of Hanover, which the Federative Constitution of Germany shall settle for the mediatised territories.

The Prussian and Hanoverian Governments having never- theless reserved to themselves, by Article XLIH of the said Pro- tocol of the 13th of February, to agree hereafter, if necessary upon the fixing of another line of frontier with regard to the country belonging to the Duke of Looz-Corswaren ; the said Governments will instruct the Commission, which they may name for settling the limits of that part of the County of Lingen ceded to Hanover, to deliberate thereupon, and to adjust definitively the frontiers of that part of the country belonging to the Duke of Looz-Corswaren, which, as aforesaid, is to be possessed by the Hanoverian Government.

The relations between the Hanoverian Government and the County of Bentheim, shall remain as settled by the Mortgage Treaties existing between His Britannic Majesty and Count Bentheim ; and when the rights derived by Treaty shall have expired, the relations of the County of Bentheim towards the kingdom of Hanover shall be such as the Federative Constitution of Germany shall determine for the mediatised territories.

Exchange of Territory betiveen Prussia and Brunswick.

Art. XL His Majesty the King of Prussia, desiring to make certain exchanges of territory with His Serene Highness the Duke of Brunswick, for the consolidation of their respective territories : His Majesty the King of the United Kingdom of Great Britain and Ireland, King of Hanover, engages to use his best endeavours in inducing His Serene Highness to consent to these arrange- ments ; and, to facilitate the same, he consents beforehand to any cessions of territory which the two Parties may agree upon. The present Article refers particularly to Calvoerde and Walkenried, without being absolutely restricted to these two places.

Cession to he made to Oldenburg by Hanover.

Art. XII. His Britannic Majesty, King of Hanover, with a view to acceding to His Prussian Majesty's wish, that a suitable accession of territory should be provided for His Serene Highness

177 n

29 May, 1815.] PRUSSIA AND HANOVER. [No. 21

[Lauenburg1, Oldenburg1, &c]

the Duke of Oldenburg-, promises to cede to him a district con- taining" a population of 5,000 inhabitants.

Ratifications.

Art. XIII. The present Treaty shall be ratified, and the Rati- fications exchanged within four weeks, or sooner, if possible.

In faith of which the respective Plenipotentiaries have signed it, and have affixed thereunto the Seal of their Arms.

Done at Vienna, the 29th May, 1815.

(L.S.) LE PRINCE DE HARDENBERG.

(L.S.) LE BARON DE HUMBOLDT.

(L.S.) LE COMTE MUNSTER.

(L.S.) LE COMTE HARDENBERG:.

178

No. 22] GREAT BRITAIN, &c, AND NETHERLANDS. [31 May, 1815. [Holland and Belgium, Luxemburg1, &c]

No. 22. — TEE A TY between Great Britain, Austria, Prussia, and Russia, and the Netherlands. Signed at Vienna, 31** May, 1815.

[This Treaty formed Annex X to the Vienna Congress Treaty of 9th June, 1815, No. 27.]

Aet. Table.

Preamble.

1. Territories forming Kingdom of the Netherlands. Recognition by

Austria of Royal Dignity in tbe House of Orange-Nassau.

2. Boundaries of the Kingdom of tbe Netherlands. Frontier between Cleves

and United Provinces. Mixed Commission between Prussia and tbe Netherlands. Prussian renunciation of Huissen, Malburg, Lymers, Sevenaer, and Weel.

3. Grand Duchy of Luxemburg. Sovereignty of tbe King of the Nether*

lands. Succession. Grand Duchy of Luxemburg a State of the Ger- manic Confederation. Luxemburg a Fortress of tbe Germanic Con- federation. Right of King of the Netherlands to Fortify.

4. Boundaries of the Grand Duchy of Luxemburg. Arrangements respecting

the Duchy of Bouillon. Disputes to be settled by Arbitration.

5. Cession to Prussia of the German Possessions of the House of Nassau-

Orange. Principality of Fulda.

6. Family Pact of the Princes of Nassau. Succession.

7. Charges and Engagements relating to the Provinces detached from

France.

8. Basis of the Union of the Belgic Provinces.

9. Commission to settle concerns of ceded Possessions of House of Nassau. 10. Ratifications.

Annex to Article VIII of the Treaty of 31st May, 1815.

Act of Acceptance of Sovereignty of Belgic Provinces by the Prince Sovereign of the Netherlands. 21st July, 1814.

1. Union of Belgium with Soil and. Constitution.

2. Religious Equabty.

3. Belgic Provinces to be represented in Assembly of States General.

4. Equality of Inhabitants of tbe Netherlands.

5. Commerce and Navigation in Butch Colonies.

6. Debts to be paid by tbe Netherlands.

7. Expenses of Frontier Fortresses to be paid by the Netherlands.

8. Repair of Dykes.

(Translation as laid before Parliament.*) In the Name of the Most Holy and Undivided Trinity. IIis Majesty the Emperor of Austria, King of Hungary and

* For French version, see " State Papers," vol. ii, p. 137.

179 n 2

31 May, 1815.] GREAT BRITAIN, Ac, AND NETHERLANDS. [No. 22 [Holland and Belgium, Luxemburg, &c]

Bohemia, and His Majesty the King of the Netherlands, being desirous of carrying into effect and of completing the arrange- ments contained in the Treaty of Peace concluded at Paris the 30th day of May, 1814 (No. 1), which, while it establishes a just equilibrium in Europe, and assigns to the United Provinces such a proportion of territory as may enable them to support their own independence, secures to them the countries comprised between the sea, the frontiers of France, and the Meuse, leaves undefined their limits on the right bank of that river ; and their said Majesties having resolved to conclude a separate Treaty on this subject, conformably to the arrangements of the Congress of Vienna (No. 27), have appointed Plenipotentiaries to concert, agree upon, and sign whatever relates to this subject, viz. :

His Majesty the Emperor of Austria, King of Hungary and Bohemia, the Sieur Clement Vinceslas Lothaire, Prince Metter- nich-Winnebourg-Ochsenhausen, Chancellor of the Military Order of Maria Theresa, Curator of the Academy of the Fine Arts, Chamberlain, intimate and actual Councillor of His Majesty the Emperor of Austria, King of Hungary and Bohemia, his Minister of State, of Conferences, and of Foreign Affairs, his principal Plenipotentiary at the Congress, &c. ;

And the Sieur John Philip Baron Wessenberg, Chamberlain and intimate and actual Councillor of His Imperial and Royal Apostolic Majesty, his second Plenipotentiary at the Congress, &c. ;

And His Majesty the King of the Netherlands, the Sieur Gerhard Charles, Baron de Spaen de Voorstonden, Member of the Corps of Nobles of the .province of Gueldre, Envoy Extraordi- nary and Minister Plenipotentiary from His Majesty the King of the Netherlands, Prince of Orange-Nassau, Grand Duke of Lux- emburg, at the Court of Vienna, and one of his Plenipotentiaries at the Congress ;

And the Sieur Hans Christopher Ernest, Baron de Gagern, Plenipotentiary of His said Majesty at the Congress of Vienna, &c. ; who, after having exchanged their full powers, found in good and due form, have agreed to the following Articles :

Territories forming Kingdom of the Netherlands. Recognition by Austria of Royal Dignity in the House of Orange-Nassau.

Art. I. (Embodied in Vienna Congress Treaty (No. 27) as Art. LXV.)

180

No. 22] GREAT BRITAIN, &c, AND NETHERLANDS. [31 May, 1815. [Holland and Belgium, Luxemburg-, &c]

Boundaries of the Kingdom of the Netherlands. Frontier between Cleves and United Provinces. Mixed Commission between Prussia and the Netherlands. Prussian Renunciation of Huissen, Mal- burg, Lymers, Sevenaer, and Weel.

Art. II. (Embodied in Vienna Congress Treaty (No. 27) as Art. LXVI.)

Grand Duchy of Luxemburg. Sovereignty of the King of the Nether' lands. Succession. Grand Duchy of Luxemburg a State of the Germanic Confederation. Luxemburg a Fortress of the Germanic Confederation. Right of King of Netherlands to Fortify.

Art. III. (Embodied in Vienna Congress Treaty (No. 27) as Art. LXVIL)

Boundaries of the Grand Duchy of Luxemburg.

Art. IV, (Embodied in Vienna Congress Treaty (No. 27) as Art. LXVIII.)

Arrangements respecting the Duchy of Bouillon. Disputes to be

settled by Arbitration. (Embodied in Vienna Congress Treaty (No. 27) as Art. LXIX.)

Cession to Prussia of the German Possessions of the House of Nassau-Orange, Principality of Fulda.

Art. V. (Embodied in Vienna Congress Treaty (No. 27) as Art. LXX.)

Family Pact of the Princes of Nassau. Succession. Art. VI. (Embodied in Vienna Congress Treaty (No. 27) as Art. LXXI.)

Charges and Engagements relating to the Provinces detached from

France.

Art. VII. (Embodied in Vienna Congress Treaty (No. 27) as Art. LXXII.)

Basis of the Union of the Belgic Provinces.

Art. VIII. (Embodied in Vienna Congress Treaty (No. 27) as Art. LXXIII.)

181

31 May, 1815.] GREAT BRITAIN, &c, AND NETHERLANDS. [No. 22 [Holland and Belgium, Luxemburg-, &c]

Commission to settle concerns of Ceded Possessions of House of

Nassau.

Art. IX. A Commission shall be immediately appointed by Ilis Majesty the King of Prussia and His Majesty the King of the Netherlands, to settle whatever relates to the cession of those Possessions of the House of Nassau which belong to His Majesty, with regard to records, debts, excesses of the public chests, and and other subjects of this nature.

That part of the records which does not concern the ceded provinces, but only the House of Orange, and libraries, collections of maps, and all other objects of the same description, belonging to His Majesty the Kiug of the Netherlands, shall be retained by him as private and personal property, and shall be immediately restored to His Majesty. A part of the said possessions being exchanged against other possessions of the Duke and Prince of Nassau, His Majesty the King of Prussia engages, and His Majesty the King of the Netherlands consents, that the engage- ment stipulated in the present Article shall be transferred to their Serene Highnesses the Duke and Prince of Nassau with respect to those possessions which are to be united to their States.*

notifications. Art. X. The present Treaty shall be ratified, and the Ratifica- tions exchanged in six weeks, or sooner, if possible.

In faith of which the above-mentioned Plenipotentiaries have signed it, and have affixed thereunto the Seal of their Anns.

Done at Vienna, the 31st of May, in the year of our Lord 1815.

(L.S.) LE PRINCE METTERNICH. (L.S.) LE BARON WESSENBERG. (L.S.) LE BARON DE SPAEN. (L.S.) LE BARON DE GAGERN.

Annex to Article VIII of the Treaty of 31st May, 1815. Act signed by the Secretary of State for Foreign Affairs of the Netherlands, on the occasion of His Royal Highness's acceptance of the Sovereignty of the Belgic Provinces, of 21st July, 1814 (No. 4).

Note. — Treaties containing the same stipulations were concluded and signed between Great Britain, Prussia and Eussia, and the Netherlands, on the same day.

* Sec Treaty between Prussia and Nassau, of 31st May, 1815, Art. XVII.

182

No. 23] PRUSSIA AND NASSAU. [31 May, 1815.

[Enrenbreitstein, &c]

No. 23.— CONVENTION between Prussia and the Duke and Prince of Nassau. Signed at Vienna, 31st May, 1815.

[This Convention formed Annex VIII to the Vienna Congress Treaty of 9th June, 1815, No. 27.]

Aet. Table.

1. Cessions by Nassau to Prussia.

2. Cessions by Prussia to Nassau.

3. Commissioners to determine wbat parts of Siegen, &c, are to be ceded

by Prussia to Nassau.

4. Public and Demesnial Property of ceded Territories. Neitber Party to

possess enclaves in Territory of tbe otber. Renunciations. Property belonging to Duke and Prince of Nassau.

5. Fortress of Ehrenbreitstein.

6. Import and Export Trade on tbe Rbine, tbrougb JEhrenbreitstein and

Vallendar.

7. Arrears of Revenue and Surplus of Public Cbests.

8. Debts of ceded Territories.

9. Pensions.

10. Local Functionaries and Persons in Office to remain in ceded Territories.

Pensions if allowed to retire.

11. Military Persons to return to tbeir native Country after tbe Campaign.

Officers may remain in service of ceded Country.

12. Condemned and Insane Persons to be sent to tbeir native Coxmtry.

13. Arcbives of ceded Territories.

14. Engagements of Prussia relative to Post Offices of Taxis.

15. Military Road from Oiessen to Ehrenbreitstein.

16. Appointment of Commissioners for tbe settlement of Debts, Pensions, &c.

17. Nassau to fulfil Engagements made by Prussia relative to Mutual

Cessions of Territory.

18. Ratifications.

(Translation as laid before Parliament.*)

The hereditary possessions of the House of Orange having been transferred as an indemnity to His Majesty the King of Prussia, in virtue of the stipulations agreed upon between the Powers assembled at the Congress of Vienna, and a territorial arrangement with their Serene Highnesses the Duke and Prince of Nassau, having been expressly reserved, His Majesty the King of Prussia has appointed as his Plenipotentiary to conclude such arrangement, viz. : the Prince Hardenberg, his Chancellor of State, his First Plenipotentiary at the Congress of Vienna, &c.

And their Serene Highnesses the Duke and Prince of Nassau,

* For Frencb and German Torsions, see " State Papers," vol. ii, p. 102.

183

31 May, 1815.] PRUSSIA AND NASSAU. [No. 23

[Ehrenbreitstein, &c]

Ernest Francis Louis Marshal de Bieberstein, and their Principal Minister of State and Plenipotentiary at the Congress, &c.

Who, after having exchanged their full powers, have agreed on the following Articles :

Cessions by Nassau to Prussia. Art. I. Their Serene Highnesses the Duke and Prince of Nassau cede to His Majesty the King of Prussia, in full sove- reignty and property, the bailiwicks, parishes, and places hereafter mentioned :*

1. The bailiwick of Linz.

2. The bailiwick of Altenwied.

3. The bailiwick of Schonberg.

4. The bailiwick of Altenkirchen.

5. The parish of Ham, formerly composing part of the bailiwick of Hachenberg.

6. The bailiwick of Schonstein.

7. That of Frensberg. S. That of Friedewald.

9. That of Dierdorf.

10. The detached part of the bailiwick of Hersbach, bordering on Altenkirchen.

11. The bailiwick of Neuerburg.

12. That of Hammerstein, together with Irlich and Engers.

13. The bailiwick of Huddesdorf.

14. The town of Neuwied.

15. The communes of Gladbach, Heimbach, Weiss, Sayn, Miihlhofen, Bendorf, Weitersburg, Vallendar, and Mallendar, forming part of the bailiwick of Vallendar.

16. The communes of Nieder-Werth, Nieder-Berg, Urber, Im- mendorf, Neudorf, Ahrenberg, Ehrenbreitstein, together with the mills of Arzheim, Pfaffendorf, and Horchheim, forming part of the bailiwick of Ehrenbreitstein.

17. The bailiwick of Braunfels.

18. That of Greifenstein.

19. That of Hohen-solms.

Cessions by Prussia to Nassau. Art. II. His Majesty the King of Prussia, on his part, cedes to their Serene Highnesses the Duke and Prince of Nassau, with all the rights of sovereignty and property thereunto belonging :

* See Vienna Congreas Treaty of 9th June, 1815, Art. XXIV.

184

No. 23] PRUSSIA AND NASSAU. [31 May, 1815.

[Ehxenbreitstein, &c]

1. The three Principalities formerly possessed by the House of Nassau-Orange, viz., Dietz, Hadaoiar, and Dillenburg, including* the Lordship of Beilstein, excepting, however, the bailiwicks of Burbach and Neunkirchen.

2. A part of the Principality of Siegen, and of the bailiwicks of Burbach and Neunkirchen, containing a population of 12,000 inhabitants, and composed of communes contiguous to the princi- pality of Dillenburg.*

3. Lastly, the Lordships of VVesterburg and Schadek, and that part of the Bailiwick of Runkel which belonged to the former Grand Duchy of Berg.

Commissioners to determine what parts of Siegen, <£-c, are to be ceded by Prussia to Nassau.

Art. III. The part of the Principality of Siegen, and of the bailiwicks of Burbach and Neunkirchen, which is to be ceded in virtue of the above Articles, shall be determined by Commissioners, to be appointed by the two High Contracting Parties with as little delay as possible, and, at furthest, within four weeks after the ratification of the present Treaty; but, at all events, pre- viously to the taking possession of the provinces belonging to the House of Nassau-Orange.

The Commissioners shall conform to the principle of the con- tiguity of these portions with the respective territories ; and they shall take especial care that the relations with regard to the com- munes, to the Church, and to industry, as they at present exist, shall be maintained. Under the relations of industry, are specially included those which relate to the working of mines.

In the event of these Commissioners not agreeing upon one or other of these points, they are authorised to refer to an Arbitrator, of their own appointment, whose decision shall be final.

Public and Demesnial Property of ceded Territories. Neither Party to possess Enclaves in Territory of the other. Art. IV. The bailiwicks and portions of territory to be re- ciprocally ceded, in conformity to Articles I, II, and III, shall be transferred to the future possessor, with all the precincts of the communes belonging thereto, together with all the public and de- mesnial property contained in these territories, under whatever denomination they may have been held, or whatever be the title by which they may have been acquired. Neither Party shall

* See Vienna Congress Treaty of 9lli June, 1315, Art. XXIV.

185

31 May, 1815.] PRUSSIA AND NASSAU. [No. 23

[Ehrenbreitstein, &c]

possess enclaves in the territory of the other, and, particularly, the Abbeys of Kommersdorf, Sayn, Nieder-Werth, and Basselick, situated in the communes ceded by Article I, shall be compre- hended in the Prussian territory, with all their property inclosed within the Prussian limits.

Renunciations,

The two Contracting Parties renounce reciprocally, in behalf of each other, all revenues, rights of suzerainete, feudal or other rights, of whatever description, which might have belonged to one party in the territory of the other.

Property belonging to Duke and Prince of Nassau.

The utensils of the mint of Ehrenbreitstein, the furniture in the castle of Engers, and the yachts belonging to their Serene Highnesses the Duke and Prince of Nassau, are reserved to them, to be taken away in three months from the date of the ratification of the present Treaty.

Fortress of Ehrenbreitstein*

Art. V. In order to insure and complete the fortifications and defence of the ancient Fortress of Ehrenbreitstein, situated in the territory ceded by the House of Nassau, in case it should be considered expedient to re-establish it, it is agreed that Prussia shall, in general, be at liberty to erect military works wherever it may be thought proper, at the distance of 1,500 Rhenish yards (Rhcinlandischen ruthen) from the Fortress, even in those communes which may remain under the sovereignty of the House of Nassau, an indemnity being, however, given to the landowners, and with- out prejudice to territorial relations.

Import and Export Trade on the Rhine, through Ehrenbreitstein and

Vallendar. Art. VI. In order that the cessions agreed upon in Article I may not prove detrimental to the commerce of the Duchy of Nassau, it is agreed that the import and export trade on the Rhine by roads leading to that river, through Ehrenbreitstein and Vallendar, shall not experience any obstacle in respect to the inhabitants of that Duchy, nor be subjected to any new charges.

Arrears of Revenue and Surplus of Public Chests. Art. VII. With respect to arrears of revenues, and the surplus of the public chests, the same principles shall be acted upon as * See Vienna Congress Treaty of 9th June, 1815, Art. XXIV, § 2.

186

No. 23] PRUSSIA AND NASSAU. [31 May, 1815.

[Ehrenbreitstein, &c]

have been adopted, and are now observed, in regard to similar objects towards His Majesty the King of the Netherlands, in those proportions of territory which have been transferred to His said Majesty by His Majesty the King of Prussia.

Debts of Ceded Territories. Art. VIII. With regard to Debts belonging to the ceded por- tions of territory, it is agreed :

A. That the private Debts of the communes, parishes, baili- wicks, districts, or provinces, shall be transferred, with these communes, parishes, bailiwicks, districts, and provinces to their future possessor, and shall continue to belong to them. When the bailiwicks, districts, or provinces shall have been divided, the debts of these bailiwicks, districts, or provinces, respectively, shall be shared between the two Governments, in the proportion in which the ceded parts have hitherto contributed to the pay- ment of interest and the reimbursement of the capital ; or, if this proportion cannot be settled, in that in which these countries have in general contributed to the ordinary expenses.

B. The Debts of the public chests and chamber of finance of the Duchy of Nassau, such as their amount was ascertained to be on the 31st December, 1814, shall be divided between the two Parties, in the proportion of the net revenues which the ceded territories have annually paid into the central state chests and the chamber of finance, taking for average the five years immediately preceding 1812, adding thereto, however, the net revenue of the bailiwick of Runkel in the year 1814.

C. The State Debts, and those of the chamber of finance of the Princes of Nassau-Orange, shall be divided between the two Contracting Parties, in the proportion and according to the period already agreed upon, taking as the average the net revenues of the chamber of Nassau-Orange in the five years from 1801 to 1805, and adding to each of these years the net revenues of the Lordships of Westerburg and Schadeck, such as they were in 1814.

D. The Debts of Nassau-Saarbruck, with which the state chest of the Duchy of Nassau may yet be burdened, are not comprised in this distribution, but shall remain exclusively at the charge of the House of the Duke and Prince of Nassau.

Pensions.

Art. IX. The Pensions which have been granted for services

187

31 May, 1815.] PRUSSIA AND NASSAU. [No. 23

[Ehrenbreitstein, &c]

rendered to a particular part of territory, or which are charged upon secularized property lying in one of those parts — in a word, all pensions which, according to the nature of their origin, be- longed to any territory in particular, shall be paid by the Party possessing the property upon which they were originally assigned.

The pensions granted to the army shall be paid by the Govern- ment possessing the territory where the pensioner was born.

All other pensions, which do not come under this head, shall be divided in proportion to the revenues, in the manner which has been settled for public debts.

Annuities shall be provided for in the same manner as debts, and paid, either wholly or in part, by the two Governments, according as different parts of a territory, or a whole country, are burdened with them.

Local Functionaries and Persons in Office to remain in Ceded Territories. Pensions if allowed to Retire.

Art. X. The Local Functionaries and other persons in office shall go with the territories ceded in the divided bailiwicks ; the Government to whom the place of their actual residence may pass shall accept their services.

All central and provincial functionaries employed in the ad- ministrations of "Wiesbaden, Weilburg, Dietz, and Dillenburg, shall either continue with, or be transferred to the House of Nassau. Prussia shall take charge of those of Ehrenbreitstein.

The central functionaries who cannot continue in the service of either of the two Governments, cr who shall be allowed to retire, by either Party, in three months from the date of the pre- sent Convention, shall receive the pensions or superannuations fixed by the Edict of the Duke and Prince of Nassau, of the 3rd and (5th December, 1811.

These pensions shall be paid by the two Governments, accord- ing to the rate agreed upon with respect to debts.

No public officer who is to be provided for by either Govern- ment, shall be placed upon a less favourable footing than that fixed in the said Edict.

Military Persons to return to their Native Country after the Campaign. Officers may remain in Service of Ceded Country. Art. XI. All military persons, natives of the territories re- ciprocally ceded, not holding the rank of an officer, shall, after the conclusion of the approaching campaign, be sent to the military

188

No. 23] PEUSSIA AND NASSAU. [31 May, 1815.

[Ehrenbreitstein, &c]

authorities of the Government to whom the place of their nativity shall belong : until that period they shall continue in the service in which they are at present.

Officers shall not be prevented by the Government to whom the place of their nativity shall remain or be transferred, from having the option of continuing in the service of the other Government.

Condemned and Insane Persons to be sent to their Native Country.

Art. XII. Persons condemned to prisons or houses of correc- tion, and insane persons confined in hospitals, shall be sent to the respective Governments to whom the places of their nativity belong.

Archives of Ceded Territories.

Art. XIII. The Archives and collections of papers shall be given up, according to the partition of the territories, and each Government shall be put in possession of the deeds and instru- ments which relate to that portion which is ceded to it.

Engagements of Prussia relative to Post Offices of Taxis.

Art. XIV. Prussia undertakes to fulfil the engagements entered into by the Ducal House of Nassau, relative to the Post of Taxis, as far as these engagements attach to those parts of the territory which are ceded to that Power.

Military Road from Giessen to Ehrenbreitstein. Art. XV. The high road from Giessen to Ehrenbreitstein, which crosses the country of Nassau, shall be made a military road for Prussia, to establish a communication between Erfurth and Coblentz. Whatever has been agreed upon with respect to the Military Roads belonging to Prussia, which pass through the states of the King of Hanover and the Elector of Hesse, shall be applicable to the said road from Giessen to Ehrenbreitstein.

Appointment of Commissioners for the Settlement of Debts,

Pensions, <J-c.

Art. XVI. In order to settle definitively all such points as require ulterior arrangement, especially such as relate to Debts, Pensions, Public Functionaries, and other persons in office, the two Governments shall appoint Commissioners, immediately after the ratifications of the present Treaty, who shall assemble at Wies- baden, for the purpose of settling all such arrangements with as

189

31 May, 1815.] PRUSSIA AND NASSAU. [No. 23

[Elirenbreitstein, &c]

little delay as possible. They sliall be empowered to take such measures as may be necessary, in order that the payment of the interest of Public Debts and that of Pensions may not experience any interruption, that the public credit may not be shaken, and that the business of the public offices may be conducted as heretofore.

Nassau to fulfil Engagements made by Prussia with the Nether- lands relative to mutual Cessions of Territory, belonging to House of Nassau- Orange.

Art. XVII. As the Convention concluded the 31st May between their Majesties the King of Prussia and the King of the Netherlands, relative to mutual Cessions of territory (No. 22), contains an Article worded as follows :

"A Commission shall be immediately appointed by His Majesty the King of Prussia and His Majesty the King of the Netherlands, to settle whatever relates to the cession of those possessions of the House of Nassau which belong to His Majesty, with regard to records, debts, excesses of the public chests, and other subjects of this nature.

" That part of the records which does not concern the ceded provinces, but only the House of Orange, and libraries, collections of maps, and all other objects of the same description, belonging to His Majesty the King of the Netherlands, shall be retained by him as private and personal property, and shall be immediately restored to His Majesty. A part of the said possessions being exchanged against other possessions of the Duke and Prince of Nassau, His Majesty the King of Prussia engages, and His Majesty the King of the Netherlands consents, that the engage- ment stipulated in the present Article shall be transferred to their Serene Highnesses the Duke and Prince of Nassau with respect to those possessions which are to be united to their States."*

Their Serene Highnesses the Duke and Prince of Nassau engage to fulfil, in the name and place of His Majesty the King of Prussia, the engagements he has contracted on their account, as far as these engagements concern the territories and portions of territory belonging to the House of Nassau-Orange, which, by the present Treaty, are ceded to them.

Ratifications. Art. XVIII. The Ratifications of this Convention shall be exchanged in four weeks, or sooner, if possible.

* See Treaty between Prussia and Nassau, of 31st May, 1815, Art. XYIL

190

No. 23] PRUSSIA AND NASSAU. [31 May, 1815.

[Ehrenbreitstein, &c]

The ceded subjects shall be at once released from the oaths of fidelity which bound them to their former Sovereigns.

In faith of which the respective Plenipotentiaries have signed the present Convention, and have caused to be affixed thereunto the Seal of their Arms.

Done at Vienna the 31st May, 1815.

(L.S.) LE PRINCE DE HARDENBERG. (L.S.) MARSCHALLDE BIEBERSTEIN.

191

No. 24] PRUSSIA AND SAXE-WEIMAR. [1 June, 1815.

[Territorial,]

No. 24.— CONVENTION between Prussia and the Grand

Dtike of Saxe-Weimar. — Signed at Vienna, 1st June, 1815.

[This Convention formed Annex VII to the Vienna Congress Treaty of 9th June, 1815, No. 27.]

Aet. Table.

1. Cessions by Prussia to Saxe-Weimar on borders of Weimar and in Fulda.

2. Cessions to Saxe- Weimar to be settled by a Convention.

3. Otber Cessions to be made by Prussia to Saxe- Weimar.

4. New Convention to make arrangements relative to Debts, Records, Public

Funds, &c. Saxe-Weimar to fulfil engagements relative to Grand Ducby of Frankfort.

5. Ratifications.

(Translation as laid before Parliament.*)

In the Name of the Most Holy and Undivided Trinity.

His Majesty the King of Prussia being desirous of carrying into effect the arrangements agreed upon at the Congress of Vienna, in favour of His Royal Highness the Grand Duke of Saxe-Weimar, and which His Prussian Majesty has engaged to fulfil ; and His Majesty, as well as His Royal Highness the Grand Duke, having resolved to conclude a particular Treaty for this purpose, the two Sovereigns have named Plenipotentiaries to concert, agree upon, and sign, whatever relates to this subject, viz.:

His Majesty the King of Prussia, the Prince Hardenberg, his Chancellor of State, his First Plenipotentiary at the Congress of Vienna, &c. ;

And the Sieur Charles William, Baron Humboldt, his Minister of State, Chamberlain, and Envoy Extraordinary and Minister Plenipotentiary to His Imperial and Royal Apostolic Majesty, his Second Plenipotentiary at the Congress of Vienna ;

And His Royal Highness the Grand Duke of Saxe-Weimar, the Sieur Ernest Augustus, Baron de Gersdorff, his Privy Coun- cillor ;

Who, after having exchanged their full powers, found in good and due form, have agreed to the following Articles :

• For French Version, see " State Pnper9," vol. ii, p. 100,

192

No. 24] PRUSSIA AND SAXE-WEIMAR. [1 June, 1815.

[Territorial.]

Cessions by Prussia to Saxe-Weimar on Borders of Weimar and in

Fidda.

Art. I. His Majesty the King of Prussia engages to cede to His Royal Highness the Grand Duke of Saxe- Weimar, from the mass of his States, as they have been fixed and recognised \>y the stipulations of the Congress of Vienna, certain districts, containing a population of 50,000 inhabitants, either contiguous to or bordering upon the Principality of Weimar.

His Prussian Majesty engages also to cede to his Royal Highness, in that part of the Principality of Fulda which has been given up to him in virtue of the same stipulations, districts containing a population of 27,000 inhabitants.

His Royal Highness the Grand Duke of Weimar shall possess the above districts in full Sovereignty and property, and shall unite them, in perpetuity, to his present states.

Cessions to Saxe- Weimar to be settled by a Convention.

Art. II. The districts and territories which are to be ceded to His Royal Highness the Grand Duke of Saxe-Weimar, in virtue of the preceding Article, shall be determined by a particular Convention ;* and His Majesty the King of Prussia engages to conclude this Convention, and to cause the above districts and territories to be given up to His Royal Highness, within two months from the date of the exchange of the ratifications of the present Treaty.

Other Cessions to be made by Prussia to Saxe-Weimar.

Art. III. In order, however, to meet the wishes of His Royal Highness the Grand Duke of Saxe-Weimar, His Majesty the King of Prussia cedes immediate^, and promises to give up to His Royal Highness, in the space of a fortnight, reckoning from the signature of the present Treaty, the following districts and territories, viz. : — (Embodied in Vienna Congress Treaty (No. 27), as Art. XXXIX.)

New Convention to make Arrangements relative to Debts, Records,

Public Funds, tyc. Art. IV. All additional arrangements to be made, in virtue of the Cessions stipulated in Article III, relative to debts, records

* See Convention between Prussia and Saxe-Weimar, of 22nd September, 1815.

]93 O

1 June, 1815.1 PRUSSIA AND SAXE-WEIMAR, [No. 2 4

[Territorial.]

public funds, and other objects of a similar nature, shall form part of the particular Convention mentioned in Article II.

Saxe-Weimar to fulfil Engagements relative to Grand Duchy

of Frankfort.

His Royal Highness the Grand Duke specially engages, on obtaining possession of the Principality of Fulda,* according to the extent of the possessions which shall belong to him, to fulfil the engagements which will be required of the new possessors of the former Grand Duchy of Frankfort.

Ratifications.

Art. V. The present Treaty shall be ratified, and the Ratifica- tions exchanged in four weeks.

In faith of which, the undersigned Plenipotentiaries have signed it, and have affixed thereunto the Seals of their Arms.

Vienna, 1st June, 1815.

(L.S.) LB PRINCE DE HARDENBERG. (L.S.) LE BARON DE HUMBOLDT. (L.S.) LE BARON DE GERSDORFF.

* See Convention between Prussia and Saxe-Weimar, of 22nd September 1815.

194

No. 25] DENMARK AND PRUSSIA. [4 June, 1815.

[Pomerania, Rug-en, and Lauenburg-.]

No. 25. — TREATY between Denmark and Prussia. Signed at Vienna, 4th June, 1815.

Art. Table.

1. Cession of Swedish Pomerania and Island of Eugen to Prussia.

2. Obligation imposed on King of Prussia.

3. Cession of Lauenburg to Denmark. Bailiwick of Neuhauss, &c., excepted.

4. Obligations imposed on the King of Denmark.

5. Delivery of Titles, Documents, &c, of Lauenburg to King of Denmark. G. Pecuniary Payment to be made by Prussia to Denmark.

7. Further Pecuniary Indemnity to be made by Prussia to Denmark.

8. Date of delivery of Duchy of Lauenburg to Denmark.

9. Settlement of Claim?. 10. Ratifications.

(Translation.*)

His Majesty the King of Denmark and His Majesty the King of Prussia, wishing for motives of mutual convenience to agree to the reciprocal Cession of the Duchy of Swedish Pomerania, with the Principality of Rugen, f and of the Duchy of Lauenburg, and having resolved to conclude a formal Treaty to that effect, have appointed Plenipotentiaries to concert, conclude, and sign all that is necessary for that object, namely : —

His Majesty the King of Denmark, Christian Gunther Count do Bernstorff, his Councillor of Conferences, his Envoy Extraordi- nary and Minister Plenipotentiary at the Court of His Imperial and Apostolic Majesty, and his Plenipotentiary at the Congress, &c, and Joachim Frederic Count de Bernstorff, his Councillor of C( inferences, and his Plenipotentiary at the Congress, &c. ;

And His Majesty the King of Prussia, the Prince of Harden- berg, his Chancellor of State, and his First Plenipotentiary at the Congress of Vienna, &c. ; and Charles Guillaume Baron de Hum- boldt, Minister of State of His said Majesty, his Chamberlain, his Envoy Extraordinary and Minister Plenipotentiary at the Court of His Imperial and Royal Apostolic Majesty, his Second Pleni- potentiary at the Congress of Vienna, &c. ;

Who, after having exchanged their Full Powers, found to be in g< »od and due form, have agreed upon the following Articles : —

* For French version, see " State Papers," vol. ii, p. 181. f See Treaty between Denmark and Sweden, of 14th January, 1814, Art. VII, Appendix.

]:>:> o 2

4 June, 1815.1 DENMARK AND PRUSSIA. [No. 25

[Pomerania, Rug-en, and Lauenburg:.]

Cession of Siuedish Pomerania and Island of Rug en to Prussia. Art. I. His Majesty the King of Denmark, as well for himself as for his successors, renounces irrevocably and in all perpetuity, in favour of His Majesty the King- of Prussia, and his successors, all the rights and titles which his Treaty of Peace with His Majesty the King- of Sweden, concluded at Kiel, 14th January, 1814,* has given him over the Duchy of Swedish Pomerania and the Principality of the Island of Rugen.

Swedish Pomerania and Is/and, of Rugen. Obligations imposed on

the King of Prussia.

Art. II. His Majesty the King of Prussia, on entering into possession of these rights and titles, takes upon himself the obli- gations which His Majesty the King of Denmark has contracted, with regard to the cession which has been made to him of Swedish Pomerania and the Island of Rugen, by Articles VIII, IX, X, XI, XII, XX, XXII, XXIII, XXIV, and XXVI of the Treaty of Kiel.f

Cession of Lauenburg by Prussia to Denmark.

Art. III. His Majesty the King of Prussia cedes in all per- petuity to His Majesty the King of Denmark, the Duchy of Lauenburg, to be possessed by His Majesty in all sovereignty and possession, with its rights, titles, and emoluments, in the same manner as the said Duchy was ceded to His Prussian Majesty by Article IV of the Treaty concluded at Vienna, 29th May, 1815 (No. 21) between him and His Britannic Majesty, King of Hanover.

Bailiwick oj' Xeuhauss, ij-t\, excepted.

The Bailiwick of Neuhauss, situated between Mecklenburg and the Elbe, as well as the Lauenburg Villages contiguous to that bailiwick, or which are enclosed therein, are neverthelc- - excepted from this cession.

Obligations imposed on the King >>/' Denmark.

Art. IV. His Majesty the King of Denmark engages to take upon himself the obligations which His Majesty the King of Prussia contracted with regard to the Duchy of Lauenburg, by Articles IV, V, and IX, of the Treaty of 29th May, 1815 (No. 21),

* See page 27 and Appendix. f See Appendix.

19G

No. 25] DENMARK AND PRUSSIA. [4 June, 1815.

[Pomerania, Rug-en, and Lauenburg'.]

between Prussia and His Britannic Majesty, King of Hanover, it being- nevertheless well understood, that the bailiwick of Neuhauss shall share proportionately with its population the burden of the debts, which, with the possession of the Duchy, devolve upon the new possessor. This point shall be definitively settled by the respective Commissioners which shall be appointed, on the one part to make over, and on the other to receive the ceded Province. The stipulations of Article VII of the same Treaty are main- tained in favour of His Majesty the King of Denmark.

Deliver)/ of Titles, Documents, c$-c, of Lauenburg, to King of

Denmark. Art. V. His Majesty the King of Prussia engages to make over to His Danish Majesty all the titles, documents, papers, maps, and plans respecting the ceded part of the Duchy of Lauenburg, such and as soon as the Hanoverian Government shall have delivered them.

Pecuniary Payment to be -made by Prussia to Denmark. Art. VI. In virtue of an agreement entered into between the Courts of Prussia and Sweden, His Majesty the King of Prussia engages to pay to His Majesty the King of Denmark, the sum of 000,000 crowns, of the Bank of Sweden, which still remains due by the Swedish Government to His Danish Majesty. This pay- ment shall be made within two months, dating from the signature of the present Treaty, and according to the rate of exchange on the day of such signature.

Further Pecuniary Indemnity to be made by Prussia to Denmark.

Art. VII. To complete the indemnity due to His Majesty the King of Denmark, for the cession of Swedish Pomerania, and of the Island of Eugen, His Majesty the King of Prussia engages besides to pay to His Danish Majesty the sum of 2,000,000 crowns, Prussian currency. That sum shall be paid at the following periods, namely : —

500,000 crowns on tin4 1st of January of the first year after the conclusion of peace which shall put an end to the present war with France ;

500,000 crowns on the 1st July of the same year, and the same sum on the 1st of January, and the 1st of July of the following

year.

197

5

4 June, 1815.] DENMARK AND PRUSSIA. [No. 25

[Pomerania, Rugen, and Lauenburg.]

His Majesty the King of Prussia shall cause to be delivered to His Majesty the King of Denmark, for these sums, four bonds, each for 500,000 crowns, payable at the four above-mentioned periods, and bearing 4 per cent, interest.

These bonds shall be delivered at the time of the taking posses- sion of Swedish Pomerania. in the name of His Prussian Majesty, and the payment of interest shall reckon from the same period.

The first payment of these interests shall begin on the 1st January, 181G, and their payment shall continue from six to six months.

Each of these different payments, including the amount stipu- lated in the preceding Article, shall be made at Hamburgh, and to the persons charged by His Danish Majesty to receive them.

Date of Deliver// of Duchy of Lauenburg to Denmark. Art. VIII. His Majesty the King of Prussia engages to make over the Duchy of Lauenburg to the Danish Government, if possible, within the period of two, and at most within three months, from the date of the signature of the present Treaty.

Settlement of Claims. Art. IX. The two High Contracting Parties, wishing to ter- minate as soon as possible the discussions relative to the Claims arising out of grievances or complaints which their respective subjects considered they could make before the last war, against either one or the other of the two Governments, and considering that the method adopted by the Convention of the 2nd of June of last year,* as well as by the Treaty of the 25th of Augustf of the same year, is subject to inevitable delays and difficulties, agree to treat upon that subject between Government and Government, and on either side to afford the necessary facilities, in order that this question may be terminated at the period of the taking possession of the respective ceded Provinces.^

Ratifications. Art. X. His Majesty the King of Denmark and His Majesty the King of Prussia will ratify the present Treaty, and the Kati-

* Commerce only.

t See Appendix.

% On the 7th June, 1815, a Treaty was concluded between Prussia and Sweden, under the Mediation of Russia (see Appendix) ; and Declarations were exchanged on the same day, between Denmark and Sweden, relative to the Treaty of Kiel of 14th January, 1814.

198

No. 25j DENMARK AND PRUSSIA. [4 June, 1815.

[Pomerania, Rug-en, and Lauenburgr.]

fications thereof shall be exchanged at the head-quarters of the Allied Sovereigns, within the period of six weeks, or sooner, if possible.

In witness whereof the respective Plenipotentiaries have signed the present Treaty, and have affixed thereto the Seal of their Arms.

Done at Vienna, the 4th June, of the year of Our Lord, 1815.

(L.S.) C. BERNSTORFF.

(L.S.) J. BERNSTORFF.

(L.S.) LE PRINCE DE HARDENBERG.

(L.S.) LE BARON DE HUMBOLDT.

199

8 June, 1815. GERMANY. [No. 26

[Constitution of Germany.]

No. 26. — Federative Constitution of Germany. Vienna,

Sth June, 1815.'

[This Constitution formed Annex IX to the Vienna Congress Treaty of 9th June 1815, No. 27.]

Art. Table.

1. (,', Confederation.

2. Object of the Confederation.

3. Equality of the Members.

4. Federative Diet.

5. Presidency of Austria at Diet.

6. Composition of the General Assembly.

7. Arrangements relating to the Diet.

8. Order of Voting in Diet.

9. Diet to assemble at Frankfort.

10. The Framing of Fundamental Laws.

11. 1. Maintenance of Peace in Germany. Disputes to be settled through

Mediation of the Diet, or by an Austrcgal Court.

11. 2. Particular Arrangements.

12. Formation of Supreme Tribunals.

13. Separate Assemblies of States.

14. Eights of Mediatised Princes. Eights of the Ancient Nobility of the

Empire.

15. Guarantee by the Confederation of the Rents assigned upon the Naviga-

tion Duties of the Rhine, and of the Pensions to the Clergy or Laity.

Pensions to Members of the Teutonic Order. Fund for support of

Bishops and Clergy on left bank of the Rhine. 1G. Quality of Civil and Political Eights to Christian Sects. Civil Eights of

Jews. 17. Po.-tal Revenues to be retained by Tour and Taxis. is. Rights of Subjects of Confederate Slate-.

19. Commerce and Navigation from one State to another.

20. Ratifications.

(Translation as laid before Parliament. f)

Germanic Confederation.^

\i.i. 1. (Embodied in Vienna Congress Treaty (No. 27) as Art. LI 11.)

■ See Convention between Austria and Prussia, of 1st July. 1816; and Treaty between Great Britain, &c, and France, of 30th November, 1815, Art. VI.

t For German Version and French Translation, see "State Papers," vol. ii, p. 11 I.

X See also Final Act of 15th May, 1820.

L'PO

No. 26] g-ermany. [8 June, 1815.

[Constitution of Germany.!

Object of the Confederation.

Art. II. (Embodied in Vienna Congress Treaty (No. 27) as Art. LIV.)

Equality of the Members.

Art. III. (Embodied in Vienna Congress Treaty (No. 27) as Art. LV.)

Federative Diet.

Art. IV. (Embodied in Vienna Congress Treaty (No. 27) as Art. LVI.)

Presidency of Austria at Diet.

Art. V. (Embodied in Vienna Congress Treaty (No. 27) as Art. LVI I.)

Composition of the General Assembly.

Art. VI. (Embodied in Vienna Congress Treaty (No. 27) as Art. LVIII.)

Arrangements relating to the Diet.

Art. VII. (Embodied in Vienna Congress Treaty (No. 27) as Art, LIX.)

Order of Voting in Diet.

Art. VIII. (Embodied in Vienna Congress Treaty (No. 27) as Art. LX.)

Diet to assemble at Frankfort.

Art. IX. (Embodied in Vienna Congress Treaty (No. 27) as Art. LXI.)

The Framing nf Fundamental Laics.

Art. X. (Embodied in Vienna Congress Treat}- (No. 27) as Art. LXI I.)

Maintenance of Peace in Germany. Disputes to be settled through Mediation oj the Diet, or by an Austregal Court.

Art. XL 1. (Embodied in Vienna Congress Treaty (No. 27) as Art. LXIII.)

201

8 June, 1815.] GHEEMANY. [No. 26

[Constitution of Germany],

Particular Arrangements. Art. XI. '1. Besides the points settled in the preceding Articles, relative to the establishment of the Confederation, the Confederated States have agreed to the arrangements contained in the following Articles, with regard to the subjects hereafter mentioned, which Articles shall have the same force and validity as the preceding ones.

Formation of Supreme Tribunals.

Art. XII. Those members of the Confederation whose possessions do not contain a population to the number of 300,000 souls, shall unite themselves to the reigning Houses of the same line, or to others of the Confederated States whose population added to theirs will amount to the number here specified, for the purpose of jointly forming a Supreme Tribunal.

In those States, however, of a smaller population, where similar tribunals of the Third Instance alread}^ exist, they shall be continued on their present footing, provided the population of the State to which they belong be not less than 150,000 souls.

The Four Free Cities shall have the right (if uniting together in the formation of a common and supreme Tribunal.

Each party appearing before these joint and supreme Tribunals shall be authorised to demand a reference of the proceedings to the Faculty of Law belonging to a foreign University, or to a Court of Reference (siege d'e'ehevin) to whom the final sentence shall be submitted.

Separate Assemblies of States. Art. XIII. There shall be Assemblies of the Stales in all the countries belonging to the Confederation.

Rights of Mediatised Prim < .

Art. XIV. In order to secure to the ancient States of the Empire, mediatised in 1806, and in the subsequent years, the en- joyment of equal rights in all countries belonging to the Confede- ration, and conformable to the relations at present existing between them, the Confederated States establish the following principles :

A. The Houses of the Mediatised Princes and Counts are nevertheless to rank equally with the high Nobility of Germany, and are to retain the same privileges of birthright with the Sovereign Houses (EbenbiirtigTceii) as they have hitherto enjoyed.

202

No. 26] &EBMANY. [8 June, 1815.

[Constitution of Germany.]

B. The heads of these Houses are to form the principal class of the States in the countries to which they belong : they, as well as their families, are to he included in the number of the most privileged persons, particularly in respect to taxes.

C. With regard to themselves, their families and property, they are generally to retain all the rights and privileges attached to their possessions, and which do not belong to the Supreme Authority, or to the attributes of Government.

Among the rights which are secured to them by this Article, are specialty included : —

1. The perfect liberty of residing in any State belonging to the Confederation, or at peace with it.

2. The maintenance of family compacts, conformably to the ancient Constitution of Germany ; and the right of connecting their estates and the members of their families by obligatory ar- rangements, which, however, ought to be made known to the Sovereign, and to the public authorities.

The laws by which this right has been hitherto restricted, shall not be applicable to future cases.

3. The privilege of being amenable only to superior tribunals, and of being exempt from all military conscription for themselves and families.

4. The exercise of civil and criminal jurisdiction, in the First Instance, and, if the possessions are sufficiently extensive, in the Second Instance, the exercise of the forest jurisdiction, of the local police, and of the inspection of churches, schools, and charitable institutions, the whole conformably to the laws of the country to which they remain subject, as well as to the military regulations and supreme authority reserved to the Governments, respecting objects of the above-mentioned prerogatives, for the better de- termining them, and, in general, for the adjusting and consoli- dating the rights of Mediatised Princes, Counts, and Lords, in a manner uniform to all the States of the German Confederation. The Ordinance issued upon this subject by His Majesty the King of Bavaria, in 1807, shall be adopted as a general rule.

Rights of the Ancient Nobility of the Empire.

The ancient and immediate Nubility of the Empire (VAncienne Noblesse immediate de P Empire) shall enjoy the rights specified in Sections 1 and 2, namely, of sitting in the Assembly of the States, of exercising the patrimonial and forest jurisdiction, of the local

203

8 June, 1815. GERMANY. [No. 26

[Constitution of Germany.]

police, of presentations to Church benefices, as well as of not being' amenable to the ordinary tribunals.

These rights shall, however, be exercised according to the regulations established by the laws of the country in which the members of this Nobility have possessions.

In the provinces detached from Germany by the Peace of Luneville of the 9th of February, 1801. and which are at present- reunited thereto, the principles above specified, relative to the ancient and immediate Nobility of the Empire, shall, in their ap- plication, be subject to such modifications as may be rendered necessary by the relations which exist in these provinces.

Guarantee by the Confederation of the Rents assigned upon the

Navigation Duties of the Rhine, and of the Pensions to the Clergy

or Laity.

Art. XV. The continuation of the direct and subsidiary Rents assigned upon the Duties of the Navigation of the Rhine, as well as the arrangements of the Re'ces of the Deputation of the Empire, dated the 25th of February, 1 803,* relative to the payment of Debts and Pensions granted to individuals of the Clergy or Laity, are guaranteed by the Confederation.

The members of the late chapters of the cathedral churches, as well as those of the free chapters of the Empire, shall have the benefit of the pensions secured to them by the said Re'ces^ in every country at peace with the Germanic Confederation.

Pensions to Members of the Teutonic Order. The members of the Teutonic Order, who have not yet ob- tained adequate pensions, shall obtain them according to the principles established for the chapters of cathedral churches by the Re'ces of the Deputation of the Empire of the }Tear 1803 ;* and the Princes who have acquired possessions formerly belonging to the Teutonic Order, shall pay these pensions, according to their proportion of the property of the Teutonic Order.

Fund for support of Bishops and Clergy on Left Bank of the Rhine. The Diet of the Confederation shall deliberate upon the measures to be adopted for establishing a fund for the support and pensioning of Bishops and other members of the Clergy belonging to the countries on the left bank of the Rhine, the payment of which pensions shall be transferred to the Powers actually possessing the said countries. This matter shall be settled within

* See Appendix. 204

No. 26] GERMANY. [8 June, 1815.

[Constitution of Germany.]

a year, and until that time the pensions shall be paid as hereto- fore.

Equality of Civil and Political Rights to Christian Suets. Art. XVI. The different Christian sects in the countries and territories of the Germanic Confederation shall not experience any difference in the enjoyment of civil and political rights.

Civil Eights of Jews.

The Diet shall consider of the means of effecting', in the most uniform manner, an amelioration in the civil state of those who profess the Jewish religion in Germany, and shall pay particular attention to the measures by which the enjoyment of civil rights shall be secured and guaranteed to them in the Confederated States, upon condition, however, of their submitting to all the obligations imposed upon other citizens. In the mean time, the privileges already granted to this sect by any particular State shall be secured to them.

Postal Revenues to be retained by Tour and Taxis.

Art. XVII. The family of the Princes of Tour and Taxis shall retain the revenues arising from the Post in the Confederated States, under the same Regulations as were granted by the Re'ces of the Deputation of the Empire of the 25th February, 1803,* or by subsequent Conventions, in so far as they shall not have been altered by new Conventions freely acceded to on both sides.

In all cases the rights and pretensions of this House, whether with regard to retaining the Post, or to a fair indemnity for the same, such as the above Re'ces has settled, shall be maintained.

This llegulation also applies to the case where the former administration of the Post may have been abolished since 1 803, in contravention of the Re'ces of the Deputation of the Empire, unless, however, an indemnity shall have been absolutely settled by a particular Convention.

Rights of Subjects of Confederated States. Art. XVIII. The Princes and the Free Towns of Germany have agreed to secure to the subjects of the Confederated States, the following rights :

A. That of acquiring and possessing funded property beyond the limits of the State in which they are settled, without being

* See Appeuclix. 205

8 June, 1815.1 GERMANY. [No. 26

[Constitution of Germany.]

liable to pay to the foreign Power any higher tax or duty than those paid by its own subjects.

B. 1. That of emigrating from one Confederated State to another, provided it be proved that the State in which they settle receive them as subjects.

'2. That of entering into the civil or military service of any of the Confederated States, it being, however, understood, that the exercise of either of these rights does not release them from being liable to military service in their own country. And in order that the difference of the laws with regard to their liability to military service may not be attended with any partial advantages or inju- rious consequences to any particular State, the Diet of the Con- federation shall consider of the means of establishing regulations upon this subject, as impartial as possible.

C. The exemption from all export duty, drawback, or other impost of that description, in case they remove their property from one Confederated State to another, unless it should be other- wise stipulated by particular Conventions concluded between them.

D. Upon its first meeting, the Diet shall frame laws for the liberty of the press in general, and shall adopt such measures as may secure authors and editors against the piracy of their works.

Commerce and Navigation from one Stale to another.

Aut. XIX. The Confederated States reserve to themselves the right of deliberating, at the first meeting of the Diet at Frankfort, upon the manner of regulating the commerce and navigation from one State to another, according to the principles adopted by the Congress of Vienna.

Ratifications,

Art. XX. The present Act shall be ratified by all the Con- tracting Parties, and the ratifications shall, in six weeks, or sooner, if possible, be addressed to the Royal and State Chancery of His Majesty the Emperor of Austria at Vienna, and deposited in the Archives of the Confederation on the opening of the Diet.

In faith of which all the Plenipotentiaries have signed the presenl instrument, and have affixed thereunto the Seal of their Arms.

Done at Vienna, the 8th June, 1815.

(L.S.) PRINCE METTERNICH. (L.S.) BARON WESSENBERO. 20fi

No. 26] GERMANY. [8 June, 1815.

[Constitution of Germany.]

(L.S.) CHARLES PRINCE HARDENBERG.

(L.S.) WILLIAM BARON HUMBOLDT.

(L.S.) CII. COUNT BERNSTORFF.

(L.S.) J. COUNT BERNSTORFF.

(L.S.) A. COUNT RECHBERG AND ROTIIEN-

LOWEN. (L.S.) II. A. BARON GLOBIG. (L.S.) F. C. BARON GAGERN. (L.S.) E. COUNT MUNSTER. (L.S.) E. COUNT HARDENBERG. (L.S.) COUNT KELLER, acting at the same time

for Brunswick. (L.S.) G. F. BARON LEPEL. (L.S.) J. BARON TURCKHEIM. (L.S.) BARON MINCKWITZ, in the place of

M. de Gersdorff, Plenipotentiary of the

Grand Duke of Weimar, and of the

Dukes of Saxe-Gotha and of Saxe-

Meiningen. (L.S.) C. L. F. BARON BAUMBACH. (L.S.) BARON FISCHLER VON TREUBERG. (L.S.) BARON MALTZAIIN. (L.S.) LEOPOLD BARON PLESSEN. (L.S.) BARON OERTZEX. (L.S.) DE WOLFRAMSDORF. (L.S.) BARON FRANCK. (L.S.) FRANCIS ALOYSHJS KIRCHBAUER. (L.S.) F. MARSCIIALL VON BIEBERSTEIN. (L.S.) D. GEORG WIESE, Plenipotentiary of the

Princes Liechtenstein and Reuss. (L.S.) DE WEISE. (L.S.) BARON KETTELHOLDT. (L.S.) DE BERG, acting foiAValdeck and Sclmum-

burg-Lippe. (L.S.) HELLWING. (L.S.) J. F. IIACH. (L.S.) DANZ. (L.S.) SMIDT. (L.S.) GRIES.

20'

9 June, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 27

[Vienna Congress Treaty.]

NO. 27 '.— GENERAL TREATY let went Great Britain, Austria, France, Portugal, Prussia, Russia, Spain* and Siveden. — Signed at Vienna, 9th June, 1815.J

[This Treaty was signed in the French language (see Art. CXX), and a copy of it, in that language, will be found in ' State Papers," vol. ii, p. 3.]

Art. Table.

Preamble of the Act of Congress.

1. Poland. Dispositions relating to the Ancient Duchy of Warsaw.

2. ,, Boundaries of the Grand Duchy of Posen.

3. „ Salt Mines of Wieliezka.

4. ,, Frontier between Galicia and the Russian Empire.

5. ,, Restitution of Districts separated from Eastern Galicia.

6. Cracoiv declared a Free City.

7. „ Boundaries of the Territory of Cracoiv. S. ,, Privileges granted to Podgorze. Galicia. 9. ,, Neutrality of Cracow.

10. „ Constitution, Academy, and Bishopric of Cracoiv.

11. Poland. General Amnesty in Poland.

12. „ Sequestrations removed ; prosecutions annulled.

13. ,, Exceptions to preceding Article.

14. „ Free Navigation of the Rivers in Poland.

15. Cessions made by Saxony to Prussia.

16. Duchy of Saxony. Titles to be borne by the Kings of Prussia and Saxony. 17- Prussia. Guarantee of the ceded Countries designated in Art. XV.

18. Prussia and Saxony. Renunciation by the Emperor of Austria of Rights

of Sovereignty over Lnsatia.

19. v Reciprocal Renunciation of Feudal Rights.

20. ,j Reciprocal Freedom of Emigration.

21. „ Property of Religious Establishments.

22. ,, General Amnesty in Saxony.

23. Designation of the Province of which Prussia resumes possession.

24. Prussian Possessions on this side (en dec;a) of the Rhine.

25. ,, Possessions on the left bank of the Rhine. Grand Duchy of the

Lower Rhine. Cologne, 2(5. Hanover. Kingdom of Hanover. Late Electorate of Briinswiei-Lmtelitrg.

27. „ Cessions made by Prussia to Hanover.

28. Renunciation by Prussia of the Chapter of St. Peter in the Borough

of Noerten.

29. Cessions made by Hanover to Prussia.

* Spain did not sign this Treaty, but she acceded to it by an Act of Acces- sion dated 7th June, 1 817. See also Treaty between 5 Powers and Spain, 10th June, 1817.

f This Treaty was confirmed by the Treaty between the 5 Powers and France of 20th November, 1815 Art. XI.

208

No. 27] GEEAT BRITAIN, AUSTRIA, &c. [9 June, 1815

[Vienna Congress Treaty.]

Table {continued).

30. Hanover and Prussia. Navigation and Commerce between. The Ems ;

and Port of Fmbclen. 31- „ ,, Military Routes.

32. Relations of the Duke de Looz-Corswaren and of the Count of Bent Mm,

with the Kingdom of Hanover.

33. Cession to be made by Hanover to Oldenburg.

34. Title of Grand Duke of Oldenburg.

35. Title of Grand Duke of Mecklenhirg-Schioerin and Mecklenburg- Strelitz.

36. Title of Grand Duke of Saxe- Weimar.

37. Cessions to be made by Prussia to the Grand Duke of Saxe- Weimar.

38. Prussia and Saxe-Weimar. Ulterior arrangements regarding theso

Cessions.

39. ,, „ Territory to be given up immediately to

Saxe- Weimar.

40. Cession of a portion of the former Department of Fulda to Prussia.

41. Arrangements relative to the Purchasers of Domains in the Principality

of Fulda and the County of Hanau.

42. Cession of the town of Wetzlar to the King of Prussia.

43. Relations of the " Mediatised Districts " of the old Circle cf Westphalia

with the Prussian Monarchy.

44. Cession of the Grand Duchy of Wurtzburg, and of the Principality of

Aschaffenburg to the King of Bavaria.

45. Maintenance of the Prince Primate.

46. The Free Town of Frankfort.

47. Indemnities to the Grand Duke of Hesse.

48. Reinstatement of the Landgrave of Hesse-Homburg.

49. Cession of Territory to Oldenburg, Saxe-Coburg, Mecklenburg- Strelitz

Hesse-Homburg, and the Count of Pappenheim.

50. Future arrangements relative to these Territories.

51. Territories and Possessions on the banks of the Rhine ceded to Austria.

52. Principality of Isenburg given to Austria.

53. Germanic Confederation.

54. „ „ Object of the Confederation.

55. „ ,, Equality of the Members. 5fi. „ ., Federative Diet.

57. „ „ Presidency of Austria at Diet.

58. ,, ,, Composition of the General Assembly.

59. ,. „ Arrangements relating to the Diet. GO. „ „ Order of Voting in Diet.

61. ,, ,, Diet to assemble at Frankfort.

02. ., „ The framing of Fundamental Laws.

G3. ,, ,, Maintenance of Peace in Germany. Disputes

to be settled through the Mediation of the Diet, or by an Austregal Court .

64. „ „ Particular Arrangements.

65. Netherlands. Kingdom of the.

66. ,, Boundaries of the Kingdom of the.

67. Luxemburg. Grand Duchy of. Sovereignty of the King of the Nether-

lands.

V

9 June, 1815.] GREAT BRITAIN, AUSTRIA, &C. [No. 27

[Vienna Congress Treaty.]

Table {continued). Luxemburg. Fortress of the Germanic Confederation. „ A State of the Germanic Confederation.

68. „ Boundaries of the Grand Duchy of.

69. „ Arrangements respecting the Duchy of Bouillon. Disputes

to be settled by Arbitration.

70. Cession to Prussia of the German Possessions of the House of Nassau-

Orange.

71. Family Pact of the Princes of Nassau.

72. Charges and Engagements relatiug to the Provinces detached from

France.

73. Basis of the Union of the Belgic Provinces.

74. Switzerland. Integrity of the 19 Cantons of.

75. „ Union of 3 new Cantons, The Valais, Geneva, and Neif-

chatel. ,, La Vallee des Lappes.

70. „ Union of the Bishopric of Basle and the Town and Terri-

tory of Bienne, with the Canton of Berne. „ An Enclave given to Netfchatel.

77. „ Rights of the Inhabitants of the Countries united with

the Canton of Berne.

78. „ Restoration of the Lordship of Razuns to the Canton of

Grisons.

79. ,, Commercial and Military Communications between Town

of Geneva and Canton of Yaud. Yersoy Road. Pas- sage of Troops.

80. „ Cession by the King of Sardinia to the Canton of Geneva.

Savoy. Simplon Boad. Passage of Troops. Exemption from Transit Dues.

81. „ Reciprocal Compensations between Ancient and New

Cantons.

82. „ Disposal of the Funds placed in England by Cantons of

Zurich and Berne.

83. „ Indemnity to Proprietors of " Lauds.'"

84. ,, General Confirmation of the Declaration of the 20fh

March, 1815, upon the Affairs of Switzerland.

85. Sardinia. Frontiers of the States of the King of. Island of Capraja. 8G. „ Union of the States of Genoa with the States of the King of

Sardinia.

87. „ Title of King of Sardinia ; Duke of Genoa.

88. ,, Rights and Privileges of the Genoese.

89. ,, Union of the Imperial Fiefs of late Ligurian Republic.

90. „ Right of Fortifying.

91. Savoy. Cession by the King of Sardinia to the Canton of Geneva.

92. ,, Neutrality of Chablais, Faitcigny, and Part of Savoy.

93. Italy. Description of the Countries of which the Emperor of Austria

takes possession on the side of Italy. Istria, Dalmatic, Mouths of the Cattaro, Venice, tyc.

94. ,, Territories united to the Austrian Monarchy. The Valteline,

Bormio, Chiavenna, Ragusa, Sfc.

95. „ Austrian Frontiers in Italy.

210

No. 27] GREAT BRITAIN, AUSTRIA, too. [9 June, 1815.

[Vienna, Congress Treaty.]

Table {continued). 9G. Italy. Navigation of the Po.

97. „ Arrangements respecting the " Mont Napoleon " at Milan.

98. „ Duchy of Modena, Reggio, and Mirandote ; Duchy of Massa,

and Principality of Carrara, and Imperial Fiefs of La Luni- giana.

99. „ Duchies of Parma, Placentia, and Guastalla.

100. „ Possessions of the Grand Duke of Tuscany. The Presidii, Ella,

Piombino, Imperial Fiefs, $(c.

101. „ Duchy of Lucca.

102. „ Reversion of the Duchy of Lucca, Furgano, &c.

103. „ Restoration of the Marches, Penevento, Ponte Corvo, Sfc, as

well as the Legations of Ravenna, Bologna, and Ferrara to the Holy See. 104 „ Restoration of King Ferdinand IV to Naples as King of the Two Sicilies.

105. Portugal. Restitution of the Town of Olivenca.

106. France and Portugal. Relations between. ,, Restitution of French Guiana.

Navigation of Rivers traversing different States.

Freedom of Navigation.

Uniformity of system for collecting Dues.

Regulation of Tariff.

Offices for collection of Dues.

Towing Paths.

Port and Harbour Dues.

Custom Houses.

Regulations to be settled by a General Arrangement.

Confirmation of the Particular Regulations relative to the

Navigation of the Rhine, Neckar, Moselle, Meuse, and the

Scheldt.

118. Confirmation of Treaties and Particular Acts annexed to the General

Treaty.

119. Invitation to accede to the General Treaty addressed to the Powers

assembled in Congress.

120. Reservations as to the use of the French language in the drawing up of

this Act.

121. Ratification of the Treaty and deposition of the original in the Archives

of the Court and States of Vienna.

(Translation as laid before Parliament*.) In the Name of the Most Holy and Undivided Tiiait^-. The Powers who signed the Treaty concluded at Paris on the 30th of May, 1814 (No. 1), having assembled at Vienna, in pur- suance of Article XXXII of that Act, with the Princes and State s their Allies, to complete the provisions of the said Treaty, and to add to them the arrangements rendered necessary by the state in which Europe was left at the termination of the last war ; being * For French version see " State Papers," vol. ii, p. 3.

211 p 2

	jj
108.	Rivers,
109.	u
110.	)!
111.	)>
112.	!)
113.	)!
114.	))
115.	J)
116.	)l
117.	)>

9 June, 1815. 1 &REAT BRITAIN, AUSTRIA, &c. [No. 27

[Vienna Congress Treaty.]

ii iw desirous to embrace, in one common transaction, the various results of their negotiations, for the purpose of confirming them by their reciprocal Ratifications, have authorised their Plenipo- tentiaries to unite, in a general Instrument, the regulations of superior and permanent interest, and to join to that Act, as in- tegral parts of the arrangements of Congress, the Treaties, Con- ventions, Declarations, Regulations, and other particular Acts, as cited in the present Treaty. And the above-mentioned Powers having appointed Plenipotentiaries to the Congress, that is to say :—

His Majesty the Emperor of Austria, King of Hungary and

Bohemia : The Sieur Clement-Venceslas-Lothaire, Prince de Metternich- Winnebourg-Ochsenhausen, Knight of the Golden Fleece, Grand Cross of the Royal Order of St. Stephen, Knight of the Orders of St. Andrew, of St. Alexander-New sky, and of St. Anne of the First Class, Grand Cordon of the Legion of Honour, Knight of the Order of the Elephant, of the Supreme Order of the Annun- ciation, of the Black Eagle and the Red Eagle, of the Seraphim, of St. Joseph of Tuscany, of St. Hubert, of the Golden Eagle of AVurtemberg, of Fidelity of Baden, of St. John of Jerusalem, and of several others; Chancellor of the Military Order of Maria- Theresa, a Trustee of the Academy of the Fine Arts, Chamberlain, Privy Councillor of His Majesty the Emperor of Austria, King of Hungary and Bohemia, his Minister of State, of Conferences, and of Foreign Affairs ;

And the Sieur John-Philip, Baron de Wessenberg, Knight ( \ rand Cross of the Military and Religious Order of St. Maurice and St. Lazarus, Grand Cross of the Order of the Red Eagle of Prussia, and of the Crown of Bavaria, Chamberlain, and Privy Councillor of His Imperial and Royal Apostolic Majesty : —

His Majesty the King of Spain,* and the Indies: Don Peter Gomes Labrador, Knight of the Royal and dis- tinguished Order of Charles III; his Councillor of State:—

His Majesty the King of France and Navarre :

The Sieur Charles-Maurice de Talieyrand-Perigord, Prince of Talleyrand, Peer of France, Minister, Secretary of State in the

* Spain did not sign this Treaty, but acceded to it by an Act of Accession dated 7th June, 1817. See also Treaty between the 5 Powers and Spain of 10th June, 1817.

212

No. 27] GEEAT BRITAIN, AUSTRIA, &o. [9 June, 1815.

[Vienna Congress Treaty.]

Department of Foreign Affairs, Grand Cordon of the Legion of Honour, Knight of the Order of the Golden Fleece, Grand Cross of the Order of St. Stephen of Hungary, of the Order of St. Andrew, of the Orders of the Black Eagle and the Red Eagle, of the Order of the Elephant, of the Order of St. Hubert, of the Crown of Saxony, of the Order of St. Joseph, of the Order of the Sun of Persia, &c. ;

The Sieur Duke D'Alberg, Minister of State to His Majesty the King of France and Navarre, Grand Cordon of the Legion of Honour, of that of Fidelity of Baden, and Knight of the Order of St. John of Jerusalem ;

The Sieur Count Gouvernet de Latour du Pin, Knight of the Royal and Military Order of St. Louis, and of the Legion of Honour, Envoy Extraordinary and Minister Plenipotentiary of His said Majesty to His Majesty the King of the Netherlands ;

And the Sieur Alexis Count de Noailles, Knight of the Royal and Military Order of St. Louis, Grand Cross of the Royal and Military Order of St. Maurice and St. Lazarus, Knight of the Order of St. John of Jerusalem, of Leopold, of St. Wolodimir, of Merit of Prussia, and Colonel in the service of France : —

His Majesty the King of the United Kingdom of Great Britain and

Ireland;

The Right Honourable Robert Stewart, Viscount Oastlereagh, Privy Councillor of His said Majesty, Member of Parliament, Colonel of the Londonderry Regiment of Militia, his Principal Secretary of State for Foreign Affairs, and Knight of the Most Noble Order of the Garter, &c. ;

The Most Excellent and Most Illustrious Lord Arthur Welles- ley, Duke, Marquess, and Earl of Wellington,* Marquess of Douro, Viscount Wellington of Talavera and of Wellington, and Baron Douro of Wellesley, Privy Councillor of His said Majesty, Mar- shal of his Armies, Colonel of the Royal Regiment of Horse Guards, Knight of the Most Noble Order of the Garter, and Knight Grand Cross of the Most Honourable Military Order of the Bath ; Duke of Ciudad Rodrigo, and Grandee of Spain of the First Class, Duke of Vittoria, Marquis of Torres Vedras, Conde de Vimeira in Portugal ; Knight of the Most Illustrious Order of the Golden Fleece, of the Military Order of St. Ferdinand of Spain, Knight Grand Cross of the Imperial and Military Order of

* The Duke of Wellington did not sign this Treaty, having left Vienna on the 29th March, to take command of the army in the Netherlands.

213

9 June, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 27

[Vienna Congress Treaty.]

Maria-Theresa, Knight Grand Cross of the Military Order of St. George of Russia of the First Class ; Knight Grand Cross of the Royal and Military Order of the Tower and Sword of Portu- gal ; Knight Grand Cross of the Royal and Military Order of the Sword of Sweden, &c. ;

The Right Honourable Richard Le Poer Trench, Earl of Clan- carty, Viscount Dunlo, Baron Kilconnel, Privy Councillor of His said Majesty, President of the Committee of Council for the Affairs of Trade and Colonies, Postmaster-General, Colonel of the Galway Regiment of Militia, and Knight Grand Cross of the Most Honourable Order of the Bath ;

The Right Honourable William Shaw, Earl Cathcart, Viscount Cathcart, Baron Cathcart and Greenock, Peer of Parliament, Privy Councillor of His said Majesty, Knight of the Most Ancient and Most Honourable Order of the Thistle, and of the Orders of Russia, General of his Armies, Vice- Admiral of Scotland, Colonel of the Second Regiment of Life Guards, his Ambassador Extraordinary and Plenipotentiary to His Majesty the Emperor of all the Russias, &c. ;

And the Right Honourable Charles William Stewart, Lord Stewart, a Lord of His Majesty's Bedchamber, Privy Councillor of His said Majesty, Lieutenant-General of his Armies, Colonel of the 25th Regiment of Light Dragoons, Governor of Fort Charles in Jamaica, Knight Grand Cross of the Most Honourable Military Order of the Bath, Knight Grand Cross of the Orders of the Black and Red Eagle of Prussia, Knight Grand Cross of the Order of the Tower and Sword of Portugal, and Knight of the Order of St. George of Russia : —

His Royal Highness the Prince Regent of the Kingdoms of Portugal

and the Brazils :

The Sieur Don Peter de Sousa-IIolstein, Count of Palmella, a Member of his Council, Commander of the Order of Christ, Cap- tain of the German Company of Body Guards, Grand Cross of the Royal and Distinguished Order of Charles III of Spain ;

The Sieur Antonio de Saldanha da Gama, a Member of his Council and of the Finances, his Envoy Extraordinary and Minis- ter Plenipotentiary to His Majesty the Emperor of all the Russias, Commander of the Military Order of St, Benedict of Avez, First Equerry to Her Royal Highness the Princess of Brazil ;

And the Sieur Don Joachim Lobo da Silveira, a Member of his Council, Commander of the Order of Christ: —

214

No. 27 J GREAT BRITAIN, AUSTRIA, &c. [9 June, 1815.

[Vienna Congress Treaty.]

His Majesty the King of Prussia : The Prince of Hardenberg, his Chancellor of State, Knight of the Grand Orders of the Black Eagle and the Ked Eagle of St. John of Jerusalem, and of the Iron Cross of Prussia, of the Orders of St. Andrew, of St. Alexander Newsky, and of St. Anne of the First Class of Russia, Grand Cross of the Royal Order of St. Stephen of Hungary, Grand Cordon of the Legion of Honour, Grand Cross of the Order of Charles III of Spain, of St. Hubert of Bavaria, of the Supreme Order of the Annunciation of Sar- dinia, Knight of the Order of the Seraphim of Sweden, of the Elephant of Denmark, of the Golden Eagle of Wurtemberg, and of several others ;

And the Sieur Charles-William, Baron de Humboldt, his Minister of State, Chamberlain, Envoy Extraordinary and Minis- ter Plenipotentiary to His Imperial and Royal Apostolic Majesty, Knight of the Grand Order of the Red Eagle, and of the Iron Cross of Prussia of the First Class, Grand Cross of the Order of St. Anne of Russia, of the Order of Leopold of Austria, and of the Crown of Bavaria : —

His Majesty the Emperor of all the Eussias : The Sieur Andrew, Prince de Rasoumoffsky, his Privy Coun- cillor, Senator, Knight of the Orders of St. Andrew, of St. Wolo- dimir, of St. Alexander Newsky, and of St. Anne of the First Class, Grand Cross of the Royal Order of St. Stephen, and of those of the Black Eagle and the Red Eagle of Prussia ;

The Sieur Gustavus, Count de Stackelberg, his Privy Council- lor, Envoy Extraordinary and Minister Plenipotentiary to His Imperial and Royal Apostolic Majesty, Chamberlain, Knight of the Order of St. Alexander Newsky, Grand Cross of the Order of St. Wolodimir and of St. Anne of the First Class, Grand Cross of the Order of St. Stephen, of the Black Eagle and the Red Eagle of Prussia ;

And the Sieur Charles, Count de Nesselrode, his Privy Coun- cillor, Chamberlain, Secretary of State for Foreign Affairs, Knight of the Order of St. Alexander Newsky, Grand Cross of the Order of St. Wolodimir of the Second Class, of St. Stephen of Hungary, of the Red Eagle of Prussia, of the Polar Star of Sweden, and of the Golden Eagle of Wurtemberg : —

His Majesty the King of Sweden and Norway : The Sieur Charles-Axel, Count de Loewenhielm, Major-General

215

9 June, 1815.] GREAT BRITAIN, AUSTRIA, &o. [No. 27

[Vienna Congress Treaty.]

of his Armies, Colonel of a Regiment of Infantry, Chamberlain, his Envoy Extraordinary and Minister Plenipotentiary to His Majesty the Emperor of all the Russias, Vice-Chancellor of his Orders, Commander of his Order of the Polar Star, and Knight of the Order of the Sword ; Knight of the Orders of Russia, of St. Anne of the First Class, and of St. George of the Fourth Class ; Knight of the Prussian Order of the Red Eagle of the First Class, and Commander of the Order of St. John of Jerusalem.

Such of the above Plenipotentiaries as have assisted at the close of the negotiations, after having produced their full powers, found in good and due form, have agreed to place in the said general Instrument the following Articles, and to affix to them their signatures : —

Part of D itchy of Warsaw to be united to Russia. Title of King oj Poland to be borne by the Czar. Art. I. The Duchy of Warsaw,* with the exception of the provinces and districts which are otherwise disposed of by the following Articles, is united to the Russian Empire. It shall be irrevocably attached to it by its Constitution, and be pos- sessed by His Majesty the Emperor of all the Russias, his heirs and successors in perpetuity. His Imperial Majesty reserves to himself to give to this State, enjoying a distinct administration, f the interior improvement which he shall judge proper. He shall assume with his other titles that of Czar, King of Poland, agree- ably to the form established for the titles attached to his other possessions.

Poles to receive Representative and National Institutions. The Poles, who are respective subjects of Russia, Austria, and Prussia, shall obtain a Representation and National Institutions, regulated according to the degree of political consideration, that each of the Governments to which they belong shall judge expe- dient and proper to grant them.

Part of D achy of Warsaw to he possessed by Prussia as Grand

Duchy of Posen. Art. II. The part of the Duchy of Warsaw which His

* See Separate Treaty between Austria and Russia of 3rd May, 1815.

f The distinct Administration was abolished by an Organic Statute pro- mulgated by the Emperor of Russia on the 2Gth February, 1832. See also Note, p. 94.

21G

No. 27 J GREAT BRITAIN, AUSTRIA, &c. [9 June, 1815.

[Vienna Congress Treaty.]

Majesty the King' of Prussia shall possess in full sovereignty and property, for himself, his heirs, and successors, under the title of the Grand Duchy of Posen,* shall be comprised within the following line : —

Proceeding from the frontier of Eastern Prussia to the village of Neuhoff, the new limit shall follow the frontier of Western Prussia, such as it subsisted from 1772 to the Peace of Tilsit [1807], to the village of Leibitsch, which shall belong to the Duchy of Warsaw ; from thence shall be drawn a line, which, leaving Kompania, Grabowiec, and Szczytno to Prussia, passes the Vistula, near the last-mentioned place, from the other side of the river, which falls into the Vistula opposite Szczytno, to the ancient limit of the district of the Netze, near Gross-Opoczko, so that Sluzewo shall belong to the Duchy, and Przybranowa, IIol- laender, and Maciejevo, to Prussia. From Gross-Opoczko it shall pass by Chlewiska, which shall remain to Prussia, to the village of Przybyslaw, and from thence by the villages of Piaski, Clielmce, Witowiczki, Kobylinka, Woyczyn, Orchowo, to the town of Powidz.

From Powidz it shall continue by the town of Slupce to the point of confluence of the rivers Wartha and Prosna.

From this point it shall reascend the course of the river Prosna to the village of Koscielnawies, to within one league of the town of Kalisch.

Then leaving to that town (on the side of the left bank of the Prosna), a semi-circular territory measured be the distance from Koscielnawies to Kalisch, the line shall return to the course of the Prosna, and shall continue to follow it, reascending by the towns of Grabow, Wieruszow, Boleslawiec, so as to terminate near the village of Gola, upon the frontier of Silesia, opposite Pitschin.

WteliczJca Salt Mines and Territory to be possessed by Austria.f

Art. III. His Imperial and Royal Apostolic Majesty shall pos- sess, in full property and sovereignty, the salt-mines of Wieliczka, and the territory thereto belonging-.

Frontier between Galicia and Bnssia.'l

Art. IV. The way or bed {Thalweg) of the Vistula shall sepa-

* See Separate Treaty between Prussia and Russia of 3rd May, 1815. f See Treaty between Austria and Russia of 3rd May, 1815, Art. II. J See same Treaty, Art. III.

217

9 June, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 27

[Vienna Congress Treaty.]

rate Galieia from the territory of the Free Town of Cracow, ft shall serve at the same time as the frontier between Galieia and that part of the ancient Duchy of Warsaw united to the States of His Majesty the Emperor of all the Russias, as far as the vicinity of the town of Zavichost.

From Zavichost to the Bug, the dry frontiers shall be deter- mined by the line drawn in the Treaty of Vienna of 1809,* ex- cepting' such modifications as by common consent may be thought necessary to be introduced.

The frontier from the Bug- shall be re-established on this side (de ce cute) between the two Empires, such as it was before the said Treaty.

Restitution by Russia to Austria of Districts separated from

Eastern Galieia.^

Art. V. His Majesty the Emperor of all the Russias cedes to His Imperial and Royal Apostolic Majesty the districts which have been separated from Eastern Galieia, in consequence of the Treaty of Vienna of 18094 from the Circles of Zloczow, Brzezan, Tarnopol, and Zalesczyk, and the frontiers on this side {de ce cote) shall be re-established, such as they were before the date of the said Treaty.

Cracow declared to be a Free, Neutral, and Independent Town, under the Protection of Austria, Russia, and Prussia.

Art. VI. The Town of Cracow, with its Territory, is declared to be for ever a Free, Independent, and strictly Neutral City, under the protection of Austria, Russia, and Prussia.

Boundaries of the Territory of Oracow.\\

Art. VII. The territory of the Free Town of Cracow shall have for its frontier upon the left bank of the Vistula a line, which,

* Treaty between Austria and France of 14tli October, 1809, Art. III. Annulled. See p. 23.

t See Treaty between Austria and Russia of 3rd May, 1815, Art. I.

X See Treaty between Austria and Prussia of 3rd May, 1815, Art. IV ; and Treaty between Austria, Prussia, and Russia of 6tli November, 1846.

§ See note p. 127.

|| See Treaty between Prussia and Russia of 3rd May, 1815, Art. II ; and Additional Treaty between Austria, Prussia, and Russia of the same date, Arts. II and III.

218

MAP. GRAND DUCHY OF POSEN;

DUCHY OF WARSAW;

(KINGDOM OF POLAND)

cmcow; galicia; &c.

	17 18 19 20 21
	1 rC "w E i T E rAt 1 E\A S T E |b^|^M« f\v% P R tm S S I( A f i^r S S 1 4"
53	&i«f'ict of ., if —__jf_^ I Netted V ?r, ^ t, J p^ — _Z^i ^? ^Vf10™	WrLjx \	^
CT1U
	'^\ ■ V -P^^j^r VI />-
	/ PowidzSHf^		\ j f/W^
	o/if f
L J*sjiij(i-(i
	(Klfii^^U^^v^	WARSAW^
52	... Vienna Can^ess Treaty	\<J 7	C H Y	O F	\v\ A
V /(K	I N G D i	0 JVI OF	5vP (
yj#eJ815.^rticleir''™M&KaJ'iidl /
	^^k *-k			/ (^
	''■*-../■■. GrabqwJ* ^-x
	"■^-^N ■ 'V. ft'Vieiniszow r		Vienna Congress	Treaty
		9 Jnne,1815,An	iclel,
5]				•
	J »^		Zavic
			y^
	'■ u .._N . _,~. \ «		^^*
50	1 ~^jl_J 4	Ognrzp ' f
		a ? .- - ?1 f	SohHSntz and-Iemtor\- 'o "Vienna Qaa&ess a e	6c possessed hy Austria f
		TVji	Si n G ) A
		r "? r
	■/I	'/^\ j \_	^r
	*?( -/*	V ^^o
	--■""-" w
49
'	A HJ	S	T
17 E . fir. 18 19 20 21

TlieKingdom of Poland was united. toPussia, by ■ a-Jtussian. Manifesto, daubed, W^'Febrtuiry. 1832. TheJ'ree CUy a/wLTa-rtLaryofCt'wcow, were united 'to Austria, by Ui£, Coruentiorv bebveen.Aii«tricL .Prussia,

if 6th November 1816,

Stanforda .Geoglr-Estab* S3, C7? army Cross.

JN1AP. GRAND DUCHY OF POSEN;

DUCHY OF WARSAW;

(KINGDOM OF POLAND)

ckacow; galicia; &c.

No. 27] GREAT BRITAIN, AUSTRIA, &c. [9 June, 1815.

[Vienna Congress Treaty.]

beginning at the spot near the village of Wolica, where a stream falls into the Vistula, shall ascend this stream by Clo, and Kos- cielniki as far as Czulice, so that these villages may be included in the district of the Free Town of Cracow ; from thence passiug along the frontiers of these villages the line shall continue by Dzickanovice, Garlice, Tomaszow, Karniowice, which shall also remain in the territory of Cracow, to the point where the limit begins which separates the district of Krzeszovice from that of Olkusz ; from thence it shall follow this limit between the two said provinces, till it reaches the frontiers of Silesian Prussia.

Cracow. Privileges granted to Podgorze*

Art. VIII. His Majesty the Emperor of Austria, wishing par- ticularly to facilitate as much as possible on his part, the com- mercial relations, and good neighbourhood between Galicia and the Free Town of Cracow, grants for ever to the town of Podgorze, the privileges of a Free Commercial Town, such as are enjoyed by the town of Brody. This liberty of commerce shall extend to a distance of 500 toises from the barrier of the suburbs of the town of Podgorze.

Cracow. Austrian Right of Sovereignty over Podgorze. Neutrality of Cracow.

In consequence of this perpetual concession, which nevertheless shall not affect the rights of sovereignty of His Imperial and Royal Apostolic Majesty, the Austrian custom-houses shall be established only in places situated beyond that limit. No military establishment shall be formed that can menace the Neutrality of Cracow, or obstruct the liberty of commerce which His Imperial and Royal Apostolic Majesty grants to the town and district of Podgorze.

Cracow. Neutrality to he respected by Austria, Prussia, and

Russia.^

Art. IX. The Courts of Russia, Austria, and Prussia engage to respect, and to cause to be always respected, the Neutrality of the Free Town of Cracow and its Territory. No armed force shall be introduced upon any pretence whatever.

* See Additional Treaty between Austria, Prussia, and Russia of 3rd May, 1815, Art. III.

t See same Treaty, Art. VI, and Note, p. 127.

219

9 June, 1815] GREAT BRITAIN, AUSTRIA, &o. [No. 27

[Vienna Congress Treaty.]

Cracow. Surrender of Fugitive Deserters from Austria, Prussia, or

Russia. On the other hand it is understood and expressly stipulated that no asylum shall be afforded in the free town and territory of Cracow to fugitives, deserters, and persons imder prosecution, belonging to the country of either of the High Powers aforesaid ; and in the event of the demand of their surrender by the com- petent authorities, such individuals shall be arrested and given up without delay, and conveyed, under a proper escort, to the guard appointed to receive them at the frontier.

Constitution, Academy, and Bishopric of Cracoiv* Art. X. The dispositions of the Constitution of the Free Town of Cracow, concerning the Academy, the Bishopric, and Chapter of that town, such as they are specified in Articles VII, XV, XVI, and XVII of the Additional Treaty relative to Cracow (No. 14), which is annexed to the present General Treaty, shall have the same force and validity as if they were textually inserted in this Act.

Poland. General Amnesty.f Art. XI. A full, general, and special Amnesty shall be granted in favour of all individuals, of whatever rank, sex, or condition they may be.

Poland. Sequestrations to he removed. Prosecutions to oe

annulled.^

Art. XII. In consequence of the preceding Article, no person in future shall be prosecuted or disturbed, in any manner, by reason of any participation, direct or indirect, at any time, in the political, civil, or military events in Poland. AH proceedings, suits, or prosecutions are considered as null, the sequestrations and provisional confiscations shall be taken off, and every Act promulgated on this ground shall be of no effect.

Pol cend. Exceptions to preceding Article respecting Confiscation. § Art. XIII. From these general regulations on the subject t f

* Sec Additional Treaty between Austria, Prussia, and Russia, of 3rd May, 1815, Art, VI.

+ See Treaty between Prussia and Russia of 3rd May, 1815, Art. V, and Treaty between Austria and Russia, same date, Art, VII.

X See Treaty between Prussia and Russia of 3rd May, 1815, Art, VI ; and Treaty between Austria and Russia, same date, Art, VIII.

§ See Treaty between Prussia and Russia of 3rd May, 1815, Art, VII ; and Treaty between Austria and Russia, same date, Art. IX.

220

No. 27] GREAT BRITAIN, AUSTRIA, &c. [9 June, 1815.

[Vienna Congress Treaty.]

confiscation are excepted all those cases in which edicts or sen- tences, finally pronounced, have already been fully executed, and have not been annulled by subsequent events.

Free Navigation of the Rivers in Poland* Art. XIV. The principles established for the free navigation of Rivers and Canals, in the whole extent of ancient Poland, as well as for the trade to the ports, for the circulation of articles the growth and produce of the different Polish provinces, and for the commerce, relative to goods in transitu, such as they are specified in Articles XXIV, XXV, XXVI, XXVIII, and XXIX of the Treaty between Austria and Russia (No. 12), and in Articles XXII, XXIII, XXIV, XXV, XXVIII, and XXIX of the Treaty between Russia and Prussia (No. 13), shall be invariably maintained.

Cessions from Saxony to Prussia.^ Art. XV. His Majesty the King of Saxony renounces in perpetuity for himself, and all his descendants and successors, in favour of His Majesty the King of Prussia, all his right and title to the provinces, districts, and territories, or parts of terri- tories, of the Kingdom of Saxony, hereafter named ; and His Majesty the King of Prussia shall possess those countries in com- plete sovereignty and property, and shall unite them to his Monarchy. The districts and territories thus ceded shall be sepa- rated from the rest of the Kingdom of Saxony by a line, which henceforth shall form the frontier between the Prussian and Saxon territories, s'o that all that is comprised in the limit formed by this line, shall be restored to His Majesty the King of Saxony ; but His Majesty renounces all those districts and territories that are situated beyond that line, and which belonged to him before the war. The line shall begin from the frontiers of Bohemia, near Wiese, in the neighbourhood of Seidenberg, following the stream of the River Wittich, until its junction with the Neisse.

From the Neisse it shall pass to the Circle of Eigen, between Tauchritz, which shall belong to Prussia, and Bertschoff, which shall remain to Saxony ; then it shall follow the northern frontier of the Circle of Eigen, to the angle between Paulsdorf and Ober- Sohland ; thence it shall be continued to the limits that separate

* See Treaty between Austria, Prussia, aud Russia of 18th May, 1815.

+ See Treaties between Austria, Prussia, and Russia, and Saxony of IStli May, 1815 ; Prussia and Schwartzburg-Sondershausen of 15th June, 181G ; and Prussia and Schwartzburg-Rudolstadt of 19th June, 181G.

221

9 June, 1815.] GREAT BRITAIN, AUSTRIA, &o. [No. 27

[Vienna Congress Treaty.]

Ihe Circle of Grorlitz from that of Bautzen, in such a manner that Ober-Mittel and Nieder-Sohland, Olisch, and Radewitz remain in the possession of Saxony.

The great post road between Gorlitz and Bautzen shall belong- to Prussia, as far as the limits of the said Circles. Then the line shall follow the frontier of the Circle to Dubrauke ; it shall then extend upon the heights to the right of the Lobauer-Wasser, so that this rivulet, with its two banks ,and the places upon them, as far as Neudorf, shall remain, with this village, to Saxony.

The line shall then fall again upon the Spree, and the Schwarz- wasser ; Liska, Uermsdorf, Ketten and Solchdorf are assigned to Prussia.

From the Schwarz-Elster, near Solchdorf, a right line shall be drawn to the frontier of the Lordship of Konigsbruck, near Gross-graebchen. This lordship remains to Saxony, and the line shall follow its northern boundary as far as the Bailiwick of Grossenhayn, in the neighbourhood of Ortrand. Ortrand, and the road from that place by Merzdorf, Stolzenhayn, Grobeln, ami Miihlberg (with the villages en that road, so that no part of it re- main beyond the Prussian territory) shall be under the Govern- ment of Prussia. The frontier from Grobeln shall be traced to the Elbe near Fichtenberg, and then shall follow the Bailiwick of Miihlberg. Fichtenberg shall be the property of Prussia,

From the Elbe to the frontier of the country of Merseburg, it shall be so regulated that the Bailiwicks of Torgau, Eilenburg, and Delitsch shall pass to Prussia, while those of Oschatz, Wurzen, and Leipsic, shall remain to Saxony. The line shall follow the frontier of these bailiwicks, dividing some inclosures and demi-inclosures. The road from Miihlberg to Eilenburg shall be wholly within the Prussian territory.

From Podelwitz (belonging to the Bailiwick of Leipsic, and remaining to Saxony) as far as Eytra, which also remains to her, the line shall divide the country of Merseburg in such a manner that Breitenfeld, Haenichen, Gross and Klein-Dolzig, Mark- Banstadt and Knaut-Nauendorf, remain to Saxony ; and Mcdel- witz, Skenditz, Klein-Liebenau, Alt-Ranstadt, Schkoehlen, and Zietschen, pass to Prussia.

From thence the line shall divide tie Bailiwick of Prcau between the Floss-graben and the Weisse-Elster ; the former, from the point where it separates itself above the town of Croesen (which forms part of the Bailiwick of Haynsburg) from the

222

No. 27] GREAT BRITAIN, AUSTRIA, &c. [9 June, 1815.

[Vienna Congress Treaty.]

Weisse-Elster to the point where it joins the Saale, below the town of Merseburg, shall belong-, in its whole course between those two towns, with both its banks, to the Prussian territory.

From thence, where the frontier touches upon that of the country of Zeitz, the line shall follow it as far as the boundary of the country of Altenburg, near Luckau.

The frontiers of the Circle of Neustadt,* which wholly falls under the dominion of Prussia, remain untouched.

The inclosures of Voigtland, in the district of Reuss, that is to say Gefall, Blintendorf, Sparenberg', and Blankenberg*, are com- prised in the share of Prussia.

Duchy of Saxony. Titles to he home hy the Kings of Prussia and

Saxony, f

Art. XVI. The provinces and districts of the Kingdom of Saxony, f which are transferred to the dominion of His Majesty the King of Prussia, shall be distinguished by the name of the Duchy of Saxony, and His Majesty shall add to his Titles those of Duke of Saxony, Landgrave of Thuringia, Margrave of the two Lusatias, and Count of Henneberg*.

His Majesty the King of Saxony shall continue to bear the title of Margrave of Upper Lusatia.

His Majesty shall also continue, with relation to, and in virtue of his right of eventual succession to the possessions of the Ernestine branch, to bear the title of Landgrave of Thuringia and Count of Henneberg.

Prussia anal Saxony. Guarantee hy Great Britain, Austria, France, and Russia of Countries ceded hy Saxony to Prussia,.

Art. XVII. Austria, Russia, Great Britain, and France guaran- tee to His Majesty the King of Prussia, his descendants and succes- sors, the possession of the countries marked out in A rticle XV, in full property and sovereignty.

Prussia and. Saxony. Renunciation hy the Emperor of Austria of Bights of Sovereignty over Busatia.^

Art. XVIII. His Imperial and Royal Apostolic Majesty,

* Neustadt was ceded to the Grand Duke of Saxe-Weimar by the Treaty of 22nd September, 1815.

t See Treaty between Austria, Prussia, Russia, and Saxony of 18th May, 1815, Art, IV.

X See Treaties between Prussia and Sehwartzburg-Sondershausen of 15th •Tune, 1816, and Schwartzburg-Rudolstadt of 19th June, 18(6.

223

9 June, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 27

[Vienna Congress Treaty.]

wishing to give to the King of Prussia a fresh proof of his desire to remove every object of future discussion between their two Courts, renounces for himself and his successors his rights of Sovereignty over the Margraviates of Upper and Lower Lusatia, which belonged to him as King of Bohemia, as far as these rights concern the portion of these provinces placed under the dominion of His Majesty the King of Prussia by virtue of the Treaty with His Majesty the King of Saxony, concluded at Vienna on the 18th May, 1815 (No. 16).*

As to the right of reversion of His Imperial and Royal Apos- tolic Majesty to the said portion of the Lusatias united to Prussia, it is transferred to the House of Brandenburg now reign- ing in Prussia, His Imperial and Royal Apostolic Majesty reserving to himself and his successors, the power of resuming that right in the event of the extinction of the said reigning House.

His Imperial and Royal Apostolic Majesty renounces also in favour of His Prussian Majesty, the districts of Bohemia inclosed within the part of Upper Lusatia ceded by the Treaty of the 18th May, 1815 (No. 16), to His Prussian Majesty, which districts comprehend the places. of Guntersdorf, Taubentraeuke, Neukretschen, Nieder-Gerlachsheim, Winkel, and Ginkel, with their territories.

Prussia and Saxony. Reciprocal Renunciation of Feudal Right*.

Art. XIX. His Majesty the King of Prussia and His MajestjT the King of Saxonjr, wishing particularly to remove every object of future contest or dispute, renounce, each on his own part, and reciprocally in favour of one another, all feudal rights or preten- sions which they might exercise or might have exercised beyond the frontiers fixed by the present Treaty.

Prussia and Saxony. Reciprocal Freedom of Emigration. f

Art. XX. His Majesty the King of Prussia promises to direct that proper care be taken relative to whatever may affect the property and interests of the respective subjects, upon the most liberal principles.

The present Article shall be observed, particularly with regard to the concerns of those individuals who possess property both

* See Treaty between Prussia, Saxony, &c, of 18th May, 1815. + See Treaty between Prussia, Saxonv, &c, of 18th May, 1815, Art. XIII.

224

No. 27] GEEAT BRITAIN, AUSTRIA, &c. [9 June, 1815.

[Vienna Congress Treaty.]

under the Prussian and Saxon Governments, to the commerce of Leipsic, and to all other objects of the same nature ; and in order that the individual liberty of the inhabitants, both of the ceded and other provinces, may not be infringed, they shall be allowed to emigrate from one territory to the other, without being exempted, however, from military service, and after fulfilling the formalities required by the laws. They may also remove their property without being subject to any fine or drawback (Abzugsgeld).

Prussia and Saxony. Property of Religious Establishments* Art. XXI. The communities, corporations, and religious esta- blishments,* and those for public instruction in the provinces ceded by His Majesty the King of Saxony to Prussia, or in the provinces and districts remaining to His Saxon Majesty, shall preserve their property, whatever changes they may undergo, as well as the rents becoming due to them, according to the act of their foundation, or which they have acquired by a legal title since that period under the Prussian and Saxon Governments ; and neither party shall interfere in the adminis- tration and in the collection of the revenues, provided that they be conducted in a maimer conformable to the laws, and that the charges be defrayed, to which all property or rents of the like nature are subjected, in the territory in which they occur.

Prussia and Saxony. General Amnesty in Saxony, f Art. XXII. No individual domiciliated in the provinces which are under the dominion of His Majesty the King of Saxony, any more than an individual domiciliated in those which by the present Treaty pass under the dominion of the King of Prussia, shall be molested in his person, his property, rents, pensions, or revenues of any kind, in his rank or digni- ties, nor be prosecuted or called to account in any manner for any part which he, either in a civil or military capacity, may have taken in the events that have occurred since the com- mencement of the war, terminated by the Peace concluded at Paris on the 30th of May, 1814 (No. 1).

This Article equally extends to those who, not being domi- ciliated in either part of Saxony, may possess in it landed pro- perty, rents, pensions or revenues of any kind.

* See Treaty between Austria, Prussia, Russia, and Saxony of 18th May, 1815, Art. XVI.

f See Treaty between Austria, Prussia, Russia, and Saxony of 18th May, 1815, Art. XXI.

225 ' Q

9 June, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 27

[Vienna Congress Treaty.]

Designation of the Provinces of which Prussia resumes Possession. Art. XXIII.* His Majesty the King of Prussia having in con- sequence of the last war, reassumed the possession of the pro- vinces and territories which had been ceded by the Peace of Tilsit [1807],f it is acknowledged and declared by the present Article that His Majesty, his heirs and successors, shall possess anew, as formerly, in full property and Sovereignty, the following countries, that is to say ;

Those of his ancient provinces of Poland specified in Article II ;|

The City of Dantzig and its territory, as the latter was deter- mined by the Treaty of Tilsit [1807] ;§

The Circle of Cottbus ;

The Old March ;

The part of the Circle of Magdeburg- situated on the left bank of the Elbe, together with the Circle of the Saale ;

The Principality of Halberstadt, with the Lordships of Deren- burg, and of Hassenrode ;

The Town and Territory of Quedlinburg (save and except the rights of Her Royal Highness the Princess Sophia Albertine of Sweden, Abbess of Quedlinburg, conformably to the arrangements made in 1803) ;

The Prussian part of the County of Mansfield ;

The Prussian part of the County of Hohenstein ;

The Eichsfeld ;

The Town of Nordhausen with its territory ;

The Town of Miihlhausen with its territory ;

The Prussian part of the district of Trefourt with Dorla ;

The Town and Territory of Erfurth,|) with the exception of Klein-Brembach and Berlstedt, inclosed in the Principality of Weimar, ceded to the Grand Duke of Saxe-Weimar by Article XXXIX ;

The Bailiwick of Wandersleben,^" belonging to the County of Unter-gleichen ;

The Principality of Paderborn, with the Prussian part of the

* See Treaty between Austria, Prussia, Russia, and Saxony of 18tli May, 1815, Art, LXXVI, § 2. f Annulled.

X Treaty between France and Russia of 7th July, 1807, Art, VI. Annulled.

§ Treaty between Prussia, France, and Russia of 7th July, 1807. Annulled.

|| See Art, XXXIX, p. 237. H Sec also Ari . XXXIX, p. 237.

22 C

No. 27] GREAT BRITAIN, AUSTRIA, &c. [9 June, 1815.

[Vienna Congress Treaty.]

Bailiwicks of Schwallenberg, Oldenburg-, and Stoppelberg, and the jurisdictions (Gerichte) of Ilagendorn and Odenhausen, situated in the territory of Lippe ;

The County of Mark, with the part of Lipstadt* belt >nging to it ;

The County of Werden ;

The County of Essen ;

The part of the Duchy of Cleves on the right bank of the Rhine, with the town and fortress of Wesel ; the part of the Duchy, situated on the left bank, specified in Article XXV ;

The secularised Chapter of Elten ;

The Principality of Minister, that is to say, the Prussian part < >f the former Bishopric of M unster, with the exception of that part which has been ceded to His Britannic Majesty, King of Hanover, in virtue of Article XXVII ;

The secularised Provostship of Cappenburg ;

The County of Tecklenburg ;

The Count}' of Lingen, with the exception of that part ceded to the kingdom of Hanover by Article XXVII ;

The Principality of Minden ;

The County of Ravensburg ;

The secularised Chapter of Herford ;

The Principality of Neufchatel,f with the County of Valengin, such as their Frontiers are regulated by the Treaty of Paris (No. 1). and by Article LXXVI of this General Treaty.

The same disposition extends to the rights of Sovereignty and suzerainete over the County of Wernigerode, to that of high pro- tection over the County of Hohen-Limbourg, and to all the other rights or pretensions whatsoever which His Prussian Majesty possessed and exercised, before the Peace of Tilsit [1807], and which he has not renounced by other Treaties, Acts, or Con- ventions.

Prussian Possessions on this side (en deca) of the Rhine.

Art. XXIV. His Majesty the King of Prussia shall unite to his Monarchy in Germany, on this side of the Rhine,! *° be pos-

* See Treaty between Prussia and Lippe of 17th May 1850.

f The Ring of Prussia renounced his Sovereign Rights over the Princi- pality of Neufchatel and the County of Yalengin, by the Treaty between Great Britain, Austria, France, Prussia, Russia, and Switzerland of 26th "May, 1857, by which Treaty it was also declared that the Principality should continue to form part of the Swiss Confederation in conformity with Article LXXV, p. 254, of the Vienna Congress Treaty of 9th June 1815.

% See also Arts. XXIX and XLIT, pp. 232, 238.

227 Q 2

9 June, 1815.1 GREAT BRITAIN, AUSTRIA, &c [No. 27

[Vienna Congress Treaty.]

8essed by him and his successors in full property and Sovereignty, the following countries :

The provinces of Saxony designated in Article XV, with the exception of the places and territories ceded, in virtue of Article XXXIX, to His Highness the Grand Duke of Saxe- Weimar ;

The territories ceded to Prussia by His Britannic Majesty, King of Hanover, by Article XXIX ;

Part of the Department of Fulda, and such of the territories comprehended therein as are specified in Article XL ;

The Town and Territory of Wetzlar, according to Article XLII ;

The Grand Duchy of Berg with the Lordships of Hardenberg, Broik, Styrum, Scholler and Odenthal, formerly belonging to the said Duchy under the Palatine Government ;

The districts of the ancient Archbishopric of Cologne, lately belonging to the Grand Duchy of Berg ;

The Duchy of Westphalia, as lately possessed by His Royal Highness the Grand Duke of Hesse ;

The County of Dortmund ;

The Principality of Corbey '.

The Mediatised Districts specified in Article XLIII.

The ancient possessions of the House of Nassau-Dietz, having been ceded to Prussia by His Majesty the King of the Netherlands (No. 22), and a part of these possessions having been exchanged for the districts belonging to their Serene Highnesses the Duke and Prince of Nassau (No. 23), the King of Prussia shall possess them, in sovereignty and property, and unite them to his monarchy ;

1. The Principality of Siegen with the Bailiwicks of Burbach and Neunkirchen, with the exception of a part containing 12,000 inhabitants, to belong to the Duke and Prince of Nassau* (No. 23);

Ehrenbreitstein, <j-c.

2. The Bailiwicks of Hohen-Solms, Greifenstein, Braunfels, Frensberg, Friedewald, Schonstein, S-'chonberg, Altenkirchen, Altenwied, Dierdorf, Neuerburg, Liuz, Hanimerstein, with Engers and Heddesdorf ; the town and territory (Banlieue Gemarhung) of Neuwied; the parish of Ham, belonging to the Bailiwick of Hackenberg ; the parish of Ilorhausen, constituting part of the Bailiwick of Hersbach, and the parts of the Bailiwicks of Vallendar and Ehrenbreitstein, on the right bank of the Rhine, designated in the Convention concluded between His Majesty the King of

* See Treaty between Prussia and Nassau of 31st May, 1815.

228

No. 27] GREAT BRITAIN, AUSTRIA, &c. [9 June, 1815.

[Vienna Congress Treaty.]

Prussia and their Serene Highnesses the Duke and Prince of Nassau, annexed to the present Treaty (No. 23).

Prussian Possessions on the left bank of the Plane.

Art. XXV. His Majesty the King of Prussia shall also possess in full property and sovereignty, the countries on the left bank of the Rhine, included in the frontier hereinafter designated :

This frontier shall commence on the Rhine at Bingen ; it shall thence ascend the course of the Nahe to the junction of this river with the Glan, and along the Glan to the village of Medart, below Lauterecken ; the towns of Kreutznach and Meisenheim, with their territories, to belong entirely to Prussia ; but Lau- terecken and its territory to remain beyond the Prussian frontier. From the Glan the frontier shall pass by Medart, Merzweiler, Langweiler, Nieder and Ober-Feckenbach, Ellenbach, Creun- chenborn, Answeiler, Cronweiler, Nieder-brambach, Burbach, Boschweiler, Heubweiler, Hambach, and Rintzenberg', to the limits of the Canton of Hermeskeil; the above places shall be included within the Prussian frontiers, and shall, together with their territories, belong to Prussia.

From Rintzenberg to the Sarre the line of demarcation shall follow the cantonal limits, so that the Cantons of Hermeskeil and Conz (in which latter, however, are excepted the places on the left bank of the Sarre) shall remain wholly to Prussia, while the Cantons of Wadern, Merzig, and Sarreburg* are to be beyond the Prussian frontier.

From the point where the limit of the Canton of Conz, below Gomlingen, traverses the Sarre, the line shall descend the Sarre till it falls into the Moselle ; thence it shall re-ascend the Moselle to its junction with the Sarre, from the latter river to the mouth of the Our, and along the Our to the limits of the ancient Depart- ment of the Ourthe. The places traversed by these rivers shall not at all be divided, but shall belong, with their territories, to the Power in whose State the greater part of these places shall be situated; the Rivers themselves, in so far as the}' form the frontier, shall belong in common to the two Powers bordering on them.

In the old Department of the Ourthe, the five Cantons of Saint-Vith, Malmedy, Cronenburg, Schleiden, and Eupen, with the advanced point of the Canton of Aubel, to the south of Aix-la- Chapelle, shall belong to Prussia, and the frontier shall follow that

229

9 June, 1815.1 GREAT BRITAIN, AUSTRIA, &o. [No. 27

[Vienna Congress Treaty,]

of these cantons, so that a line, drawn from north to south, may cut the said point of the Canton of Aubel, and be prolonged as far as the point of contact of the three old Departments of the Ourthe, the Lower Meuse, and the Roer ; leaving- that point, the frontier shall follow the line which separates these two last departments till it reaches the river Worm, which falls into the Roer, and shall g'o along' this river to the point where it again touches the limits of these two departments ; when it shall pursue that limit to the south of Hillensberg, shall ascend from thence towards the north, and leaving Hillensberg to Prussia, and cutting the Canton of Sittard in two parts, nearly equal, so that Sittard and Susteren remain on the left, shall reach the old Dutch territory ; then fol- lowing the old frontier of that territory, to the point where it t< niched the old Austrian Principality of Guelders, on the side of Ruremonde, and directing itself towards the most eastern point of the Dutch territory, to the north of Swalmen, it shall continue to inclose this territory.

Then, setting out from the most eastern point, it joins that other part of the Dutch territory in which Venloo is situated, without including the latter town and its district ; thence to the old Dutch frontier near Mook, situated below Genep, it shall follow the course of the Meuse, at such a distance from the right bank that all the places situated Avithin a thousand Rhenish yards (Rkeirilandische Rutheri) of this bank, shall, with their terri- tories, belong to the kingdom of the Netherlands ; it being well understood, however, in regard to the reciprocity of this prin- ciple, that no point of the bank of the Meuse shall constitute a portion of the Prussian territory, unless such point approach to within 800 Rhenish yards of it.

From the point where the line just described joins the old Dutch frontier, as far as the Rhine, this frontier shall remain essentially as it was in 1795, between Cleves and the United Provinces. It shall be examined by the Commission which shall be appointed without delay by the two Governments to proceed to the exact determination of the limits, both of the kingdom of the Netherlands, and the Grand Duchy of Luxemburg, designated in Articles LXVI and LXVIII, and this Commission shall regulate, with the aid of experienced persons, whatever concerns the hydro- technical constructions, and other analogous points, in the most equitable manner, and conformably to the mutual interests of the Prussian States and of those of the Netherlands. This same

230

No. 27] GREAT BRITAIN, AUSTRIA, &c. [9 June, 1815.

[Vienna Congress Treaty.]

disposition extends to the regulation of the limits in the Districts of Kyfwaerd, Lobith, and all the territory to Kekerdom.

The places {enclaves) named Huissen, Mai burg, Lymers, with the town of Sevenaer, and the Lordship of Weel, shall form a part of the kingdom of the Netherlands, and His Prussian Majesty renounces them iu perpetuity for himself, his heirs and successors.

His Majesty the King of Prussia, in uniting to his States the provinces and districts designated in the present Article, enters into all the rights and takes upon himself all the charges and engagements stipulated with respect to the countries dismembered from France by the Treaty of Paris of the 30th May, 1814 (No. 1).

Grand Duchy of the Lower Rhine. Cologne.

The Prussian provinces upon the two banks of the Rhine, as far as above the town of Cologne, which shall also be comprised within this district, shall bear the name of Grand Duchy of the Lower Rhine, and His Majesty shall assume the title of it.

Kingdom of Hanover. Late Electorate of Brunswick -Luneburg.

Art. XXVI. His Majesty the King of the United Kingdom of Great Britain and Ireland, having substituted to his ancient title of Elector of the Holy Roman Empire, that of King of Hanover, and this title having been acknowledged by all the Powers of Europe, and by the Princes and Free Towns of Germany, the countries which have till now composed the Electorate of Bruns- wick-Luneburg, according as their limits have been recognised and fixed for the future, by the following Articles, shall hence- forth form the Kingdom of Hanover.

Cessions made by Prussia to Hanover.* Art. XXVII. His Majesty the King of Prussia cedes to His Majesty the King of the United Kingdom of Great Britain and Ireland, King of Hanover, to be possessed by His Majesty and his successors, in full property and Sovereignty :*

* See Treaty between Hanover and Prussia, 29th May, 1815, Arts. I and II.

By a Decree of the King of Prussia dated 20th September, 1866, the Kingdom of Hanover was annexed to the Prussian Dominions. The King of Hanover, on the 23rd September, I860, protested against this Annexation.

231

9 June, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 27

[Vienna Congress Treaty.]

1. The Principality of Hildesheim, which shall pass under the Government of His Majesty, with all the rights and all the charges with which the said Principality was transferred to the Prussian Government ;

2. The Town and Territory of Goslar ;

3. The Principality of East Frieseland (Ost Friese), including the country called Harlingerland, under the conditions recipro- cally stipulated in Article XXX for the navigation of the Ems and the commerce of the port of Embden. The States of the Princi- pality shall preserve their rights and privileges ;

4. The Lower County (Nieder Grafschafi) of Lingen, and the part of the Principality of Prussian Munster which is situated between this county and the part of Kheina-Wolbeck occupied by the Hanoverian Government; but as it has been agreed that the kingdom of Hanover shall obtain by this cession an accession of territory, comprising a population of 22,000 souls, and as the Lower County of Lingen and the part of the Principality of Munster here mentioned, might not come up to this condition, His Majesty the King of Prussia engages to cause the line of demarcation to be extended into the Principality of Munster, as far as may be necessary to contain that population. The Commission, which the Prussian and Hanoverian Governments shall name without delajr, to proceed to the exact regulation of the limits, shall be particularly charged with the execution of this provision.

His Prussian Majesty renounces in perpetuity, for himself, his descendants, and successors, the Provinces and Territories men- tioned in the present Article, as well as all the rights which have any relation to them.

Hanover* Renunciation by Prussia of the Chapter of St. Peter, in

the Borough of Noerten.

Art. XXVIII. His Majesty the King of Prussia renounces in perpetuity, for himself, his descendants, and successors, all right and claim whatever that His Majesty, in his quality of Sovereign of Eichsfeld, might advance to the Chapter of St. Peter, in the borough of Noerten, or to its dependencies, situated in the Hano- verian territory.

Cessions made by Hanover to Prussia* Art. XXIX. His Majesty the King of the United Kingdom of

* See note on preceding page. 232

No. 27] GREAT BRITAIN, AUSTRIA, &o. [9 June, 1815.

[Vienna Congress Treaty.]

Great Britain and Ireland, King of Hanover, cedes to His Majesty the King- of Prussia, to be possessed by him and his successors, in full property and sovereignty :

1. That part of the Duchy of Lauenburg situated upon the right bank of the Elbe, with the villages of Luneburg, situated on the same bank. The part of the duchy upon the left bank remains to the kingdom of Hanover. The States of that part of the duchy which passes under the Prussian Government shall preserve their rights and privileges ; especially those founded upon the provincial Reces of the 15th September, 1702, and confirmed by the King of Great Britain, now reigning, under date of 21st June, 1765;

2. The Bailiwick of Klotze ;

3. The Bailiwick of Elbingerode ;

4. The Villages of Rudigershagen and Gaenseteich ;

5. The Bailiwick of Reckeberg.

His Britannic Majesty, King of Hanover, renounces for him- self, his descendants and successors for ever, the Provinces and Districts specified in the present Article, and all the rights which have reference to them.*

Navigation and Commerce betiveen Hanover and Prussia,^ the Ems, and Port of Embden. Art. XXX. His Majesty the King of Prussia, and His Britannic Majesty, King of Hanover, animated with the desire of entirely equalising the advantages of the commerce of the Ems and of the Port of Embden, and of rendering them common to their respective subjects, have agreed on this head to what follows : —

1. The Hanoverian Government engages to cause to be exe- cuted, at its expense, in the years 1815 and 1816, the works which a Commission, composed partly of artists, and to be immediately appointed by Prussia and Hanover, shall deem necessary to render navigable that part of the river Ems which extends from the Prussian frontier to its mouth, and to keep it, after the execution of such works, always in the same state in which those works shall have placed it for the benefit of navigation.

2. The Prussian subjects shall be allowed to import and export, by the port of Embden, all kinds of provisions, productions, and

* See also Arts. XXIY and XLII, pp. 227, 238. t See note p. 231.

233

9 June, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 27

[Vienna Congress Treaty.]

goods, whether natural or artificial, and to keep in the town of Embden, warehouses wherein to place the said goods for two years, dating' from their arrival in the towns, without their being subject to any other inspection than that to which those of the Hanoverian subjects are liable.

3. The Prussian vessels and merchants of the same nation shall not pay for navigation, for exportation or importation of merchandise, or for warehousing, any other tolls or duties than those charged upon the Hanoverian subjects. These tolls and duties shall be regulated by agreement between Prussia and Hanover, and no alteration shall be introduced into the tarif hereafter but by mutual consent. The privileges and liberties just specified extend equally to those Hanoverian subjects who navigate that part of the river Ems which remains to the King of Prussia.

4. Prussian subjects shall not be compellable to employ the merchants of Embden for the trade they carry on with that port ; they shall be at liberty to dispo.se of their commodities either to the inhabitants of the town or to foreigners, without paying any other duties than those to which the Hanoverian subjects are subjected, and which cannot be raised but by mutual consent.

His Majesty the King of Prussia, on his part, engages to grant to Hanoverian subjects the free navigation of the canal of the Stecknitz, so as not to exact from them any other duties than those which shall be paid by the inhabitants of the Duchy of Lauenburg. His Prussian Majesty engages, besides, to insure these advantages to Hanoverian subjects, should he hereafter cede the Duchy of Lauenburg to another Sovereign.

Hanover and Prussia. Military Routes.

Art. XXXI. His Majesty the King of Prussia and His Majesty the King of the United Kingdom of Great Britain and Ireland, King of Hanover, mutually agree to three military roads through their respective dominions.

1st. One from Halberstadt, through the country of Hildesheim, to Minden.

2nd. A second from the Old March, through Gifhorn and Neustadt, to Minden.

3rd. A third from Osnabruck, through Ippenburen and Bheina to Bentheim.

234

No. 27] GREAT BRITAIN, AUSTRIA, &c. [9 June, 1815.

[Vienna Congress Treaty.]

The two first in favour of Prussia, and the third in favour of Hanover.

The two Governments shall appoint, without delay, a Commis- sion to prepare, by common consent, the necessary regulations for the establishment of the said roads.

Relations of the Duke de Looz-Corswaren and of the Count of Bentheim with the Kingdom of Hanover.

Art. XXXII. The Bailiwick of Meppen, belonging* to the Duke of Aremberg, as well as the part of Rheina-Wolbeck, belonging to the Duke of Looz-Corswaren, which at this moment are provisionally occupied by the Hanoverian Government, shall be placed in such relations with the Kingdom of Hanover, as the Federative Constitution of Germany shall regulate for the mediatised territories.

The Prussian and Hanoverian Governments having neverthe- less reserved to themselves to agree hereafter, if necessaiy, to the fixing of another line of frontier with regard to the county belong- ing to the Duke of Looz-Corswaren, the said Governments shall charge the Commission they may name for fixing the limits of the part of the County of Lingen ceded to Hanover, to deliberate thereupon, and to adjust definitively the frontiers of that part of the county belonging to the Duke of Looz-Corswaren, which, as aforesaid, is to be possessed by the Hanoverian Govern- ment.

The relations between the Hanoverian Government and the County of Bentheim shall remain as regulated by the Treaties of Mortgage existing between His Britannic Majesty and the Count of Bentheim ; and when the rights derived from this Treaty shall have expired, the relations of the County of Bentheim towards the Kingdom of Hanover shall be such as the Federative Consti- tution of Germany shall regulate for the Mediatised territories.

Cession to be made by Hanover to Oldenburg.

Art. XXXIII. His Britannic Majesty, King of Hanover, in order to meet the wishes of nis Prussian Majesty to procure a suitable arrondissement of territory for His Serene Highness the Duke of Oldenburg, promises to cede to him a district con- taining a population of 5,000 inhabitants.

235

9 June, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 27

[Vienna Congress Treaty.]

Title of Grand Duke of Oldenburg.

Art. XXXIV. His Serene Highness the Duke of Ilolstein- Oldenburg shall assume the title of Grand Duke of Oldenburg.

Title of Grand Dukes of Mecklenburg- Schwer in and Strelitz.

Art. XXXV. Their Serene Highnesses the Dukes of Mecklen- burg-Schwerin and Mecklenburg-Strelitz, shall assume the titles of Grand Dukes of Mecklenburg- Schwerin and Strelitz.

Title of Grand Duke of 8 axe-Weimar.

Art. XXXVI. His Highness the Duke of Saxe-Weimar shall assume the title of Grand Duke of Saxe-Weimar. ;

Cessions to he made by Prussia to Saxe-Weimar. Fulda.

Art. XXXVII. His Majesty the King of Prussia shall cede from the mass of his States, as they have been fixed and recog- nised by the present Treaty, to His Royal Highness the Grand Duke of Saxe-Weimar, districts -containing a population of 50,000 inhabitants, contiguous to, or bordering upon, the Principality of Weimar.*

His Prussian Majesty engages also to cede to His Royal Highness out of that part of the Principality of Fulda which has been given up to him in virtue of the same stipulations, districts containing a population of 27,000 inhabitants.

His Royal Highness the Grand Duke of Weimar shall possess the above districts in full property and Sovereignty, and shall unite them in perpetuity to his present States.

Prussia and Saxe-Weimar. Ulterior Arrangements regarding

these Cessions.

Art. XXXVIII. The districts and territories which are to be ceded to His Royal Highness the Grand Duke of Saxe-Weimar, in virtue of the preceding Article, shall be determined by a par- ticular Convention ;f and His Majest}r the King of Prussia engages to conclude this Convention, and to cause the above districts and territories to be given up to His Royal Highness, within two months from the date of the exchange of the ratifications of the Treaty concluded at Vienna, 1st June, 1815 (No. 24), between His Prussian Majesty and His Royal Highness the Grand Duke.

* See Art. XXXIX, p. 237. t 22nd September, 1815.

236

No. 27] GREAT BRITAIN, AUSTRIA, &c. [9 June, 1815.

[Vienna Congress Treaty.]

Prussia and Saxe-Weimar. Territory to be given up immediately

to the Grand Duh-e of Weimar.

Art. XXXIX. His Majesty the King of Prussia, however, cedes immediately, and promises to give up to His Royal High- ness, in the space of a fortnight, reckoning from the signature of the above-mentioned Treaty, the following districts and terri- tories ; viz.,

The Lordship of Blankenhayn, with the reservation of the Bailiwick of Wandersleben,* belonging to Unter-Gleichen, which is not to be comprised in this cession ;

The Lower Lordship (Niedere-Rerschaft) of Kranichfeld, the Commanderies of the Teutonic order of Zwaetzen, Lehesten, and Liebstadt, with their demesnial revenues, which, constituting a part of the Bailiwick of Eckartsberga, are inclosed in the territory of Saxe-Weimar, as well as all the other territories inclosed within the Principality of Weimar, and belonging to the said bailiwick; the Bailiwick of Tautenburg, with the exception of Droizen, Gorschen, Wethalung, Wetterscheid, and Mollschiitz, which shall remain to Prussia ;

The Village of Remssla, as well as the Villages of Klein- Brembach and Berlstedt, inclosed within the Principality of Weimar, and belonging to the territory of Erfurth ;*

The property of the Villages of Bischoffsroda and Probstei- zella, inclosed within the territory of Eisenach, the Sovereignty of which already belongs to His Royal Highness the Grand Duke.

The population of these different districts is understood to form part of that of 50,000 souls, secured to His Royal Highness the Grand Duke of Saxe-Weimar, by Article XXXVII, and shall be deducted from it.

Cession of a Portion of the former Department of Fulda to

Prussia.

Art. XL. The Department of Fulda, together with the terri- tories of the' ancient Nobility (V Ancienne Noblesse immediate tie VEmpire) comprised, at this moment, under the provisional ad- ministration of this department, viz. : Mansbach, Buchenau, Werda, Lengsfeld ; — excepting, however, the following bailiwicks and territories, viz. ; the Bailiwicks of Hammelburg, with Thulba and Saleck, Bruckenau with Motten, Saalmunster, with Urzel

* See Art. XXIII, p. 226. 237

9 June, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 27

[Vienna Congress Treaty.]

and Sonncrz; also the part of the Bailiwick of Biberstein, which contains the villages of Batten, Brand, Dietges, Findlos, Liebharts, Melperz, Ober-Bernhardt, Saiflerts, and Thaiden, as well as the domain of Holzkirchen, inclosed in the Grand Duchy of Wurtz- burg; — is ceded to His Majesty the King of Prussia, and he shall be put in possession of it within three weeks from and after the 1st June of this year.

His Prussian Majesty engages to take upon himself, in pro- portion to that part of the territory which he obtains by the present Article, his share of the obligations which all the new possessors of the heretofore Grand Duchy of Frankfort will have to fulfil, and to transfer such engagements to the Princes with whom His Majesty may hereafter make exchanges or cessions of these districts and territories of the Department of Fulda.

Arrangements relative to the Purchasers of Domains in the Princi- pality of Fulda and the County of Hanau.

Art. XLL The domains of -the Principality of Fulda and of the County of Hanau having been sold to purchasers, who have not as yet made good all their instalments, a Commission shall be named by the Princes to whom the said domains are transferred, to regulate, in an uniform maimer, whatever has any reference to this transaction, and to do justice to the claims of the purchasers of the said domains. This Commission shall pay particrdar atten- tion to the Treaty concluded at Frankfort, on the 2nd December, 1813,* between the Allied Powers and His Royal Highness the Elector of Hesse ; and it is laid down as a principle, that in case the sale of these domains should not be considered as binding, the purchasers shall receive back the sums already discharged, and they shall not be obliged to quit before such restitution shall have had its full and entire effect.

Cession of Toicn and Territory of Wetdar to King of Prussia.

Art. XLII. The Town and Territory of Wetzlar passes, in all property and Sovereignty, to His Majesty the King of Prussia.f

Relation* of the Mediatised Districts of the Old Circle of Westphalia with the Prussian Monarchy.

Art. XLIII. The following Mediatised districts, viz. ; the possessions which the Princes of Salm-Salm, and Salm-Kyrburg,

* See Appendix. t See also Art. XXIV, p. 227.

238

No. 27] GREAT BRITAIN, AUSTRIA, &c. [9 June, 1815.

[Vienna Congress Treaty.]

the Counts called the Rltein- und Wildgrafen, aud the Duke of Croy, obtained by the principal Recks of the extraordinary Deputation of the Empire, of the 25th February, 1803,* in the old Circle of Westphalia, as well as the Lordships of Anholt and Gehmen, the possessions of the Duke of Looz-Corswaren, which are in the same situation (in so far as they are not placed under the Hanoverian Government), the County of Steinfurt, belonging to the Count of Bentheim-Bentheim, the County of Recklings- hausen, belonging to the Duke of Aremberg, the Lordships of Bheda, Gutersloh, and Gronau, belonging to the Count of Bent- heim-Tecklenburg, the County of Rittberg, belonging to the Prince of Kaunitz, the Lordships of Neustadt and Gimborn, belonging to the Count of Walmoden, and the Lordship of Hom- burg-, belonging to the Princes of Sayn-AVittgenstein-Berleburg', shall be placed in such relations with the Prussian Monarchy as the Federative Constitution of Germany shall regulate for the Mediatised territories.

The possessions of the ancient Nobility (l'Ancie?ine Noblesse immediate de f Empire) within the Prussian territory, and par- ticularly the Lordship of Wildenberg, in the Grand Duchy of Berg, and the Barony of Schauen, in the Principality of Halber- stadt, shall belong to the Prussian Monarchy. f

Cession of the Grand Duchy of Wurtzburg, and of the Principality of Aschaffenburg to the King of Bavaria.

Art. XLIV. His Majesty the King of Bavaria shall possess, for himself, bis heirs and successors, in full property and Sove- reignty, the Grand Duchy of Wurtzburg, as it was held by His Imperial Highness the Archduke Ferdinand of Austria, and the Principality of Aschaffenburg, such as it constituted part of the Grand Duchy of Frankfort, under the denomination of Depart- ment of Aschaffenburg.

Maintenance of the Prince Primate.

Art. XLV. With respect to the rights and prerogatives, and the maintenance of the Prince Primate as an ancient ecclesiastical Prince, it is determined ;

1st. That he shall be treated in a manner analogous to the Articles of the Reces, which, in 1803*, regulated the situation

* See Appendix. f See also Art. XXIV.

239

9 June, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 27

[Vienna Congress Treaty.]

of the secularised Princes, and to the practice observed with regard to them.

2ndly. He shall receive for this purpose, dating from the 1st of June, 1814, the sum of 100,000 florins, by payments of three months, in good specie, at the rate of 24 florins to the mark, as an annuity.

This annuity shall be paid by the Sovereigns under whose Governments the provinces or districts of the Grand Duchy of Frankfort pass, in proportion to the part which each of them shall possess.

3dly. The advances made by the Prince Primate, from his private purse, to the general chest of the Principality of Fulda, such as they have been liquidated and proved, shall be refunded to him, his heirs, or executors.

This expenditure .shall be defrayed in proportions by the Sovereigns who shall possess the provinces and districts com- posing the Principality of Fulda.

4thly. The furniture and other objects which may be proved to belong to the private property of the Prince Primate, shall be restored to him.

othly. The officers of the Grand Duchy of Frankfort, as well civil and ecclesiastical as military and diplomatic, shall be treated conformably to the principles of Article LIX of the Eeces of the Empire, dated the 25th February, 1803,* and from the 1st of June the pensions shall be proportionably paid by the Sovereigns who enter on the possession of the States which formed the said Grand Duchy since the 1st of June, 1814.

Cthly. A Commission shall be established without delay, com- posed of members appointed by the said Sovereigns, to regulate whatever relates to the execution of the dispositions comprised in this Article.

7thly. It is understood, that in virtue of this arrangement, any

claim that might be advanced against the Prince Primate, in

his character of Grand Duke of Frankfort, shall be annulled, and

that he shall not be molested on account of any reclamation of

this nature.

The Free Town of Frankfort.

Art. XLVI. The City of Frankfort, with its territory, such

as it was in 1803,f is declared Free, and shall constitute a part of

* See Appendix.

f The Free Town of Frankfort was annexed to Prussia by Decree dated 20th September, 1866.

240

No. 27] GREAT BRITAIN, AUSTRIA, &c. [9 June, 1815.

[Vienna Congress Treaty.]

the Germanic League. Its institutions shall be founded upon the principle of a perfect equality of rights for the different sects of the Christian religion. This equality of rights shall extend to all civil and political rights, and shall be observed in all matters of government and administration. The disputes which may arise, whether in regard to the establishment of the Constitution, or in regard to its maintenance, shall be referred to the Germanic Diet, and can only be decided by the same.

Indemnities to the Grand Duke of Hesse* Art. XLVII. His Royal Highness the Grand Duke of Hesse, in exchange for the Duchy of Westphalia, ceded to His Majesty the King of Prussia,! obtains a territory on the left bank of the Rhine, in the ancient Department of Mont-Tonnerre, comprising a population of 140,000 inhabitants. His Royal Highness shall possess this territory in full Sovereignty and property. He shall likewise obtain the property of that part of the Salt Mines of Kreutznach which is situated on the left bank of the Nahe, but the Sovereignty of them shall remain to Prussia.

Reinstatement of the Landgrave of Hesse-Homburg. \ Art. XLVIII. The Landgrave of Hesse-Homburg is rein- stated in his possessions, revenues, rights, and political relations, of which he was deprived in consequence of the Confederation of the Rhine.

Cession of Territory to Oldenburg, Saxe-Coburg, Mecklenburg-

Strelitz, Hesse-Homburg, and the Count of Pappenheim. Art. XLIX.§ Tn the ci-devant Department of the Sarre, on the Frontiers of the States cf His Majesty the King' of Prussia, there is reserved a district, containing a population of 69,000 souls, to be disposed of in the following manner : — The Duke of Saxe- Coburg and the Duke of Oldenburg shall obtain each a territory comprising 20,000 inhabitants. The Duke of Mecklenburg-

* By the Treaty between Prussia and Hesse-Darmstadt of 3rd September, 1866, various Districts were ceded to the G-rand Duke.

f See Art. XXIV.

X See also Treaty 20th July, 1819, Art. XXVI. On the extinction of the Male Line of the reigning House of Hesse-Homburg, the Landgraviate was annexed to Hesse-Darmstadt by Patent dated 24th March, 1866; and by the Treaty of Peace of the 3rd September, 1866, Art. XIV, the Grand Duke of Hesse ceded all his Sovereign and Domanial Rights over the Land- graviate of Hesse-Homburg to the King of Prussia.

§ See Treaties between Mecklenburg- Strelitz and Prussia of 18th Sep- tember, 1816 ; 20th July, 1819 ; and 31st May, 1834.

241 r

9 June, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 27

[Vienna Congress Treaty.]

Strelitz and the Landgrave of Hesse-Homburg, each a Territory- comprising 10,000 inhabitants ; and the Count of Pappenheim a Territory comprising 9,000 inhabitants.*

The territory of the Count of Pappenheim shall be under the Sovereignty of His Prussian Majesty.

Future Arrangements relative to these Territories. Art. L.f The acquisitions assigned by the preceding Article to the Dukes of Saxe-Coburg, Oldenburg, Mecklenburg-Strelitz, and the Landgrave of Hesse-Homburg, not being contiguous to their respective States, their Majesties the Emperor of Austria, the Emperor of all the Russias, and the Kings of Great Britain and Prussia, promise to employ their good offices, at the close of the present war, or as soon as circumstances shall permit, in order to procure for the said Princes, either by exchanges or any other arrangements, the advantages that they are disposed to insure to them ; and that the administration of the said districts may be rendered less complicated, it is agreed that they shall be pro- visionally under the Prussian administration for the benefit of the new proprietors.

Territory and Possessions on the Banks of the Rhine ceded to

Austria.^ Art. LI. All the territories and possessions, as well on the left bank of the Rhine, in the old Departments of the Sarre and Mont-Tonnerre, as in the former Departments of Fulda and Frank- fort, or inclosed in the adjacent countries, placed at the disposal of the Allied Powers by the Treaty of Paris of 30th May, 1814 (No. 1), and not disposed of by other Articles of the present Treaty, shall pass in full Sovereignty and property, under the Government of His Majesty the Emperor of Austria.§

Principality of Isenburg given to Austria. Art. LII. The Principality of Isenburg|| is placed under the

* By the Treaty between Prussia and Saxe-Coburg of 31st May, 1834, Lichtenberg was ceded to Prussia.

t See Treaty between Prussia and Mecklenburg-Strelitz of 18th Sept., 1816.

J See Definitive Treaty between Great Britain, &c, and France of 20th November, 1815, Art. VI ; and Convention between Austria and Prussia of 1st July, 1816.

§ See Art. XXXVII ; Protocol between the 4 Powers of 3rd November, 1815 ; and Treaties of 22nd September and 16th October, 1816.

|| This Principality was ceded by Austria to Hesse-Darmstadt by the .Treaty of 20th July, 1819.

242

No. 27] GREAT BRITAIN, AUSTRIA, &c. [9 June, 1815.

[Vienna Congress Treaty.]

Sovereignty of His Imperial and Royal Apostolic Majesty, and shall belong to him, under such limitations as the Federative Con- stitution of Germany shall regulate for the Mediatised States.

Gennamc Confederation*

Art. LIII. The Sovereign Princes and Free Towns of Ger- many, under which denomination, for the present purpose, are comprehended their Majesties the Emperor of Austria, the Kings of Prussia, of Denmark, and of the Netherlands ; that is to say : —

The Emperor of Austria and the King of Prussia, for all their possessions which anciently belonged to the German Empire ;

The King of Denmark, for the Duchy of Holstein ;

And the King of the Netherlands, for the Grand Duchy of Luxemburg ;

establish among themselves a perpetual Confederation, which shall be called " The Germanic Confederation."

Germanic Confederation. Ohject of the Confederation. Art. LIV. The object of this Confederation is the mainte- nance of the external and internal safety of Germany, and of the Independence and Inviolability of the Confederated States.

Germanic Confederation. Equality of the Members. Art. LV. The Members of the Confederation, as such, are equal with regard to their rights ; and they all equally engage to maintain the Act which constitutes their union.

Germanic Confederation. Federative Diet. Art. L VI. The affairs of the Confederation shall be confided to a Federative Diet, in which all the Members shall vote by their Plenipotentiaries, either individually or collectively, in the follow- ing manner, without prejudice to their rank : —

1. Austria . . . . . . 1 Vote.

*- . I riissiii «• . . . . •• i ^

8. Bavaria . . . . . . . . 1 „

4. Saxony . . . . . . . . 1 „

* See also Protocol between 4 Powers of 3rd November, 1815, and Final Act of 15th May, 1820. In June, 1866, War ensued between Prussia and Italy on the one side, and Austria on the other. On the 23rd August, 1866, a Treaty of Peace was signed at Prague, by Art. IV of which Austria acknow- ledged that the Germanic Confederation was dissolved ; and on the 14th June, 1867, the Constitution of the North German Confederation was promulgated. On the 19th July, 1870, War was formally declared by France against Prussia, the other States of Germany subsequently taking part in this war. On the 16th April, 1871, a new Constitution for the German Empire was promulgated.

243 R 2

9 June, 1815.] GREAT BRITAIN, AUSTRIA, &c. [Vienna Congress Treaty.]

5. Hanover

6. Wurternberg

7. Baden

8. Electoral Hesse [Hesse-Cassel]

9. Grand Duchy of Hesse [Hesse

Darmstadt]

10. Denmark, for Holstein

11. The Netherlands, for Luxemburg

12. Grand-Ducal and Ducal Houses of

Saxony

13. Brunswick and Nassau

14. Mecklenburg- Sch werin and Strelitz

15. Holstein-Oldenburg, Anhalt and

Schwartzburg

16. Hohenzollern, Liechtenstein, Reuss

Schaumburg-Lippe, Lippe and Waldeck

17. The Free Towns of Lubeck, Frankfort

Bremen, and Hamburgh . .

[No. 27

1 Vote.

1 1 1

n

55

55

5? 11 51 11

1 1,

1 „

Total

17 Votes.

Germanic Confederation* Presidency of Austria at Diet. Art. LVII. Austria shall preside at the Federative Diet. Each State of the Confederation has the right of making propositions, and the presiding State shall bring them under deliberation within a definite time.

Germanic Confederation* Composition of the General Assembly.^ Art. LVIII. Whenever fundamental laws are to be enacted, changes made in the fundamental laws of the Confederation, measures adopted relative to the Federative Act itself, and organic institutions or other arrangements made for the common interest, the Diet shall form itself into a General Assembly, and, in that case, the distribution of votes shall be as follows, calculated according to the respective extent of the individual States : —

Austria^ shall have . . . . . . 4 Votes.

Prussia

4

* See note p. 242.

t Altered by subsequent Constitutions of 1th June, 1867, and 16th April, 1871.

% Austria consented to be excluded from the New Organisation of Ger- many by her Treaty with Prussia, signed at Prague, 23rd August, 1866.

244

No. 27]

GREAT BRITAIN, AUSTRIA, Ac. [9 June, 1815 [Vienna Congress Treaty.]

Saxony- Bavaria* Hanoverf Wurtemberg Baden Electoral Hessef [Hesse-Cassel]

Grand Duchy of Hesse [Hesse-Darmstadt] J 3

4 Votes. 4 „ 4 „ 4

3 3

i?

51

51

55

51

Holstein§ . . . . . . . . 3 „

Luxemburg . . . . . . 3 ,,

Brunswick . . . . . . 2 „

Mecklenburg-Schwerin . . . . . . 2 ,,

in cissau I* . • . a •• ■ • • • z }}

Saxe- Weimar . . . . . . 1 Vote.

Saxe-Gotha . . . . . . 1

Saxe-Coburg . . . . . . 1

Saxe-Meiningen . . . . . . 1

Saxe-Hildburghausen . . . . . . 1

Mecklenburg-Strelitz . . . . . . 1

Holstein-Oldenburg . . . . . . 1

Anhalt-Dessau . . . . . . 1

Anhalt-BernburgH . . . . . . 1

Anhalt-KothenlF . . . . . . 1

Schwartzburg-Sondershausen . . . . 1 „

* Certain districts belonging to Bavaria were ceded to Prussia by the Treaty of 22nd August, 1866.

t Annexed to Prussia by Decree dated 20th September, 1866. The King of Hanover protested against this annexation, on the 23rd September, 1866.

% Certain districts belonging to the Grand Duchy of Hesse were ceded to Prussia by the Treaty of 3rd September, 1866.

§ In January, 1864, war broke out between Austria, Prussia, and Denmark ; and by the Treaty of Peace signed at Vienna on the 30th October, 1864, certain Rights over the Duchies of Holstein and Schleswig were secured to Austria. In June, 1866, war ensued between Prussia and Italy against Austria, and by the Treaty of Peace, signed at Prague on the 23rd August, 1866, the Duchies of Holstein and Schleswig were annexed to Prussia, " on the condition that the Populations of the northern districts of Schleswig should be ceded to Denmark, if, by free vote, they expressed a wish to be united to Denmark." By the Law of 24th December, 1866, those Duchies were united with the Prussian Monarchy.

|| Became extinct on the death of the Duke of Anhalt-Bernburg on the 19th August, 1863, when all the territories of Anhalt were united under one head as the Duchy of Anhalt.

^T Became extinct on the death of the Duke of Anhalt-Kothen, 23rd November, 1847, when its territories were united to Anhalt-Dessau by Patent of 22nd Mav, 1S53.

245

9 June, 1815.] GREAT BRITAIN, AUSTRIA, &c. [Vienna Congress Treaty.]

Schwartzburg-Rudolstadt

Hohenzollern-Heckingen

Liechtenstein

Hohenzollern-Sigmaringen

Waldeck*

Reuss (Elder Branch) [Reuss Greitz]

Reussf (Younger Branch) [Reuss Schleitz]

Schaurnburg-Lippe

Lippe

The Free Town of Lubeck

Frankfortf . . Bremen Hamburgh | . .

[No. 27

w

51 51

Total

Vote.

51 51 11 5' 15 51 15 11 55 51 55 51

G9 Votes.

The Diet in deliberating on the organic laws of the Confede- ration, shall consider whether any collective votes ought to be granted to the ancient Mediatised States of the Empire.

Germanic Confederation. Arrangements relating to the Diet.

Art. LIX. The question, whether a subject is to be discussed by the General Assembly, conformably to the principles above established, shall be decided in the Ordinary Assembly by a majority of votes. The same Assembly shall prepare the drafts of resolutions which are to be proposed to the General Assembly, and shall furnish the latter with all the necessary information, either for adopting or rejecting them.

The plurality of votes shall regulate the decisions, both in the Ordinary and General Assemblies, with this difference, however, that in the Ordinary Assembly, an absolute majority shall be deemed sufficient, while, in the other, two-thirds of the votes shall be necessary to form the majority.

When the votes are even in the Ordinary Assembly, the Pre- sident shall have the casting vote ; but when the Assembly is to deliberate on the acceptance or change of any of the fundamental laws, upon organic institutions, upon individual rights, or upon

* The Administration of the Principalities of Waldeck and Pyrmont was transferred to Prussia by the Treaty of 18th July, 1867.

t Annexed to Prussia by Decree of 20th September, 1866, and Patent of 3rd October, 1866.

X The Constitution of the North German Confederation of 14th June, 1867, was officially published as Law by the Senate of Hamburgh, to take effect from the 1st July, 1867.

246

No. 27] GREAT beitain, AUSTRIA, &c. [9 June, 1815.

[Vienna Congress Treaty.]

affairs of religion, the plurality of votes shall not be deemed suffi- cient, either in the Ordinary or in the General Assembly.

The Diet is permanent : it may, however, when the subjects submitted to its deliberation are disposed of, adjourn for a fixed period, which shall not exceed four months.

All ulterior arrangements relative to the postponement or the dispatch of urgent business which may arise during the recess shall be reserved for the Diet, which will consider them when engaged in preparing the organic laws.

Germanic Confederation. Order of Voting in Diet. Art. LX. With respect to the order in which the members of the Confederation shall vote, it is agreed, that while the Diet shall be occupied in framing organic laws, there shall be no fixed regu- lation ; and whatever may be the order observed on such an occasion, it shall neither prejudice any of the members, nor esta- blish a precedent for the future. After framing the organic laws, the Diet will deliberate upon the manner of arranging this matter by a permanent regulation, for which purpose it will depart as little as possible from those which have been observed in the ancient Diet, and more particularly according to the Beces of the Deputation of the Empire in 1803.* The order to be adopted shall in no way affect the rank and precedence of the members of the Confederation except in as far as they concern the Diet.

Germanic Confederation. Diet to assemble at Frankfort.

Art. LXI. The Diet shall assemble at Frankfort on the Maine. Its first meeting is fixed for the 1st of September, 1815.

Germanic Confederation. The Framing of Fundamental Laws. Art. LXII. The first object to be considered by the Diet after its opening shall be the framing of the fundamental laws of the Confederation, and of its organic institutions, with respect to its exterior, military, and interior relations.

Germanic Confederation. Maintenance of Peace in Germany.

Disputes to be settled through Mediation of the Diet, or by an

Austregal Court.

Art. LXIII. The States of the Confederation engage to defend not only the whole of Germany, but each individual State of the Union, in case it should be attacked, and they mutually guarantee

* See Appendix. 247

9 June, 1815.] GREAT- BRITAIN, AUSTRIA, &c. [No. 27

[Vienna Congress Treaty.]

to each other such of their possessions as are comprised in this Union.

When war shall be declared by the Confederation, no member can open a separate negotiation with the enemy, nor make peace, nor conclude an armistice, without the consent of the other members.

The Confederated States engage, in the same manner, not to make war against each other, on any pretext, nor to pursue their differences by force of arms, but to submit them to the Diet, which will attempt a mediation by means of a Commission. If this should not succeed, and a juridical sentence becomes neces- sary, recourse shall be had to a well organized Aust regal Court (Austragalinstanz), to the decision of which the contending parties are to submit without appeal.

Germanic Confederation. Particular Arrangements.

Art. LXIV. The Articles comprised under the title of Par- ticular Arrangements,'m the Act of the Germanic Confederation, as annexed to the present General Treaty, both in original and in a French translation, shall have the same force and validity as if they were textually inserted herein (No. 26).

Territories forming the Kingdom of the Netherlands. Recognition by Austria of Royal Dignity in House of Orange-Nassau*

Art. LXV. The ancient United Provinces of the Nether- lands and the late Belgic Provinces, both within the limits fixed by the following Article, shall form, — together with the countries and territories designated in the same Article, under the Sove- reignty of His Royal Highness the Prince of Orange-Nassau, Sovereign Prince of the United Provinces, — the Kingdom of the Netherlands, hereditary in the order of succession already esta- blished by the Act of the Constitution of the said United Pro- vinces. The title and the prerogatives of the Royal dignity are recognised by all the Powers in the House of Orange- Nassau.

Boundaries of the Kingdom of the Netherlands* Art. LXVI. The line comprising the territories which coni-

* The Union between Holland and Belgium was dissolved by the Treaties of 15th November, 1831, and 19th April, 1839.

248

No. 27] GEEAT BEITAIN, ATJSTEIA, &c. [9 June, 1815.

[Vienna Congress Treaty.]

pose the Kingdom of the Netherlands is determined in the following manner : —

It leaves the sea, and extends along the frontiers of France on the side of the Netherlands, as rectified and fixed by Article III of the Treaty of Paris of the 30th May, 1814 (No. 1), to the Meuse ; thence along the same frontiers to the old limits of the Duchy of Luxemburg. From this point it follows the direction of the limits between that Duchy and the ancient Bishopric of Liege, till it meets (to the south of Deiffelt) the western limits of that canton, and of that of Malmedy, to the point where the latter reaches the limits between the old Departments of the Ourthe and the Roer ; it then follows these limits to where they touch those of the former French Canton of Eupen, in the Duchy of Limburg, and following the western limit of that canton, in a northerly direction, leaving to the right a small part of the former French Canton of Aubel, joins the point of contact of the three old Departments of the Ourthe, the Lower Meuse, and the Roer ; parting again from this point, this line follows that which divides the two latter departments, until it reaches the Worm (a river falling into the Roer), and goes along this river to the point where it again reaches 'the limit of these two departments, pursues this limit to the south of Hillensberg (the old Department of the Roer), from whence it reascends to the north, and leaving Hillensberg to the right and dividing the Canton of Sittard into two nearly equal parts, so that Sittard and Susteren remain on the left, it reaches the old Dutch territory, from whence, leaving this territory to the left, it goes on follow- ing its eastern frontier to the point where it touches the old Austrian Principality of Guelders, on the south side of Rure- monde, and directing itself towards the most eastern point of the Dutch territory, to the north of Swalmen, continues to inclose this territory.

Lastly, setting out from the most eastern point it joins that part of the Dutch territory in which Venloo is situated; that town and its territory being included within it. From thence to the old Dutch frontier near Mook, situated above Genep, the line follows the course of the Meuse at such a distance from the right bank that all the places within 1,000 Rhenish yards (Eheinldndisclte Rutlien) from it shall belong, with their territories, to the Kingdom of the Netherlands ; it being understood, however, as to the reciprocity of this principle, that the Prussian territory

249

9 June, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 27

[Vienna Congress Treaty.]

shall not at any point touch the Meuse, or approach it within the distance of 1,000 Rhenish yards.

Frontier between Gleves and United Provinces.

From the point where the line just described reaches the ancient Dutch frontier, as far as the Rhine, this frontier shall remain essentially the same as it was in 1795, between Cleves and the United Provinces.

Mixed Commission between Prussia and the Netherlands.

This line shall be examined by a Commission, which the Governments of Prussia and the Netherlands shall name without delay, for the purpose of proceeding to the exact determination of the limits, as well of the Kingdom of the Netherlands, as of the Grand Duchy of Luxemburg, specified in Article LXVIII ; and this Commission, aided by professional persons, shall regulate everything concerning the hydrotechnical constructions, and other similar points, in the most equitable manner, and the most conformable to the mutual interests of the Prussian States, and of those of the Netherlands. This same arrangement refers to the fixing of limits in the Districts of Kyfwaerd, Lobith, and in the whole territory as far as Kekerdom.

Prussian Renunciation of Huissen, Malburg, Lymers, Sevenaer,

and Weel. The enclaves of Huissen, Malburg, Lymers, with the town of Sevenaer and Lordship of Weel, shall form a part of the Kingdom of the Netherlands ; and His Prussian Majesty renounces them in perpetuity, for himself, his heirs and successors.

Grand Duchy of Luxemburg. Sovereignty of the King of the Netherlands. Succession.

Art. LXVII. That part of the old Duchy of Luxemburg which is comprised in the limits specified in the following Article, is likewise ceded to the Sovereign Prince of the United Provinces, now King of the Netherlands, to be possessed in per- petuity by him and his successors, in full property and Sovereignty. The Sovereign of the Netherlands shall add to his titles that of Grand Duke of Luxemburg, His Majesty reserving to himself the privilege of making such family arrangement between the Princes his sons, relative to the succession to the Grand Duchy,

250

No. 27] GBEAT BEITAIN, AUSTRIA, &c. [9 June, 1815.

[Vienna Congress Treaty.]

as he shall think conformable to the interests of his monarchy and to his paternal intentions.

Grand Duchy of Luxemburg a State of the Germanic Confederation. The Grand Duchy of Luxemburg, serving as a compensation for the Principalities of Nassau-Dillenburg, Siegen, Hadamar and Dietz, shall form one of the States of the Germanic Confedera- tion ; and the Prince, King of the Netherlands, shall enter into the system of this Confederation as Grand Duke of Luxemburg, with all the prerogatives and privileges enjoyed by the other German Princes.

Luxemburg a Fortress of the Germanic Confederation. Bight of King of Netherlands to appoint Governor and Military Com- mandant*

The Town of Luxemburg, in a military point of view, shall be considered as a Fortress of the Confederation ;f the Grand Duke shall, however, retain the right of appointing the Governor and military Commandant of this Fortress, subject to the approbation of the executive power of the Confederation, and under such other conditions as it may be judged necessary to establish, in con- formity with the future Constitution of the said Confederation.

Boundaries of the Grand Duchy of Luxemburg.^ Art. LXVIII. The Grand Duchy of Luxemburg shall cousist

* By the Treaty between Prussia and the Netherlands of 8th November, 1816, it was agreed that those Sovereigns should jointly garrison the Fortress of Luxemburg, and that the King of Prussia should appoint the Governor and Commandant to the Fortress, but without affecting the Sovereign rights of the King of the Netherlands. See also Treaties between Great Britain and the Netherlands of 16th November, 1816 ; between Austria and the Netherlands of 12th March, 1817 ; and between Russia and the Netherlands of 17th April, 1817. The right of appointing the Governor and Military Commandant was transferred to the King of Prussia by the General Treaty of Frankfort of 20th July, 1819, Art. XXXVI.

T See Protocol between the 4 Powers of 3rd November, 1815.

J By the Treaty between the 5 Powers and Belgium of 15th November, 1831, the Union between Holland and Belgium was dissolved, and the Grand Duchy of Luxemburg was so divided that one-third of it (including the Fortress) was preserved to Holland, and two-thirds given to Belgium ; that portion assigned to Belgium being in no way connected with the Germanic Confederation. The King of the Netherlands refused to consent to this arrangement ; and the Treaty of 15th November, 1831, was therefore can- celled on the 19th April, 1839, on which day fresh Treaties were signed be- tween the 5 Powers and Belgium, between the 5 Powers and the Netherlands,

251

9 June, 1815.] GREAT BEITAIN, AUSTKTA, &c. [No. 27

[Vienna Congress Treaty.]

of all the territory situated between the Kingdom of the Nether- lands, as it has been designated by Article LX VI, France, the Moselle, as far as the mouth of the Sure, the course of the Sure, as far as the junction of the Our, and the course of this last river, as far as the limits of^the former French Canton of St. Vith, which shall not belong to the Grand Duchy of Luxemburg.

Luxemburg. Arrangements respecting the Duchy of Bouillon. Disputes to be settled by Arbitration.

Art. LXIX. His Majesty the King of the Netherlands, Grand Duke of Luxemburg, shall possess in perpetuity, for himself and his successors, the full and entire Sovereignty of that part of the Duchy of Bouillon, which is not ceded to France by the Treaty of Paris (No. 1) ; and which, therefore, shall be united to the Grand Duchy of Luxemburg. .

Disputes having arisen with respect to the said Duchy of Bouillon, the competitor who shall legally establish his right, in the manner hereafter specified, shall possess, in full property, the said part of the Duchy, as it was enjoyed by the last Duke, under the Sovereignty of His Majesty the King of the Netherlands, Grand Duke of Luxemburg.

This decision shall be made by Arbitration, and be without appeal. For this purpose there shall be appointed a certain number of arbitrators, one by each of the two competitors, and others, to the number of three, by the Courts of Austria, Prussia, and Sardinia. They shall assemble at Aix-la-Chapelle, as soon as the state of the war and other circumstances may admit of it, and their determination shall be made known within six months from their first meeting.

In the interim, His Majesty the King of the Netherlands, Grand Duke of Luxemburg, shall hold in trust the property of the said part of the Duchy of Bouillon, in order that he may

and between the Netherlands and Belgium, containing the same Stipulations ; the King of the Netherlands receiving a Territorial Indemnity in the Province of Limburg for the cessions made to Belgium in the Province of Luxemburg, on condition of his abandoning his claim on Nassau. On the same day the Germanic Confederation acceded to the Territorial arrange- ments therein made respecting the Grand Duchy of Luxemburg. By Art. IV of the Treaty of Prague of 23rd August, 1866, the Germanic Con- federation was acknowledged by Austria to have been dissolved, and on the 11th May, 1867, a Treaty was concluded between Great Britain, Austria, Belgium, France, Italy, the Netherlands, Prussia, and Russia, relative to the Neutrality, &c,, of the Grand Duchy of Luxemburg.

252

No. 27] GEEAT BRITAIN, AUSTRIA, &c. [9 June, 1815.

[Vienna Congress Treaty.]

restore it, together with the revenues of the provisional admi- nistration, to the competitor in whose favour the arbitrators shall decide ; and His said Majesty shall indemnify him for the loss of the revenues arising from the rights of Sovereignty, by means of some ecpiitable arrangement. Should the restitution fall to Prince Charles of Rohan, this property, when hi his pos- session, shall be regulated by the laws of the substitution which constitutes his title thereto.

Cession to Prussia of the German Possessions of the House of

Nassau- Orange. Art. LXX. His Majesty the King of the Netherlands re- nounces, in perpetuity for himself, his heirs, and successors, in favour of His Majesty the King of Prussia, the sovereign pos- sessions which the House of Nassau-Orange held in Germany, namely, the Principalities of Dillenburg, Dietz, Siegen, and Hada- mar, with the Lordships of Beilstein, such as those possessions have been definitively arranged between the two branches of the House of Nassau, by the Treaty concluded at the Hague on the 14th July, 1814.*

Principality of Fulda.

His Majesty also renounces the Principality of Fulda, and the other districts and territories which were secured to him by Article XII of the Principal Eeces of the Extraordinary Depu- tation of the Empire of the 25th of February, 1803. f

Family Pact of the Princes of Nassau. Succession.

Art. LXXI. The right and order of Succession, established between the two branches of the House of Nassau, by the Act of 1783, J called Nassauischer Frbverein, is confirmed, and trans- ferred from the four Principalities of Orange-Nassau to the Grand Duchy of Luxemburg.

Charges and Engagements relating to the Provinces detached from

France. Art. LXXII. His Majesty the King of the Netherlands, in uniting under his Sovereignty the Countries designated in Articles LXVI and LXV1II, enters into all the rights, and takes upon

* See Appendix. f See Appendix. % See Appendix.

253

June, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 27

[Vienna Congress Treaty.]

himself all the charges and all the stipulated engagements, relative to the Provinces and Districts detached from France by the Treaty of Peace concluded at Paris the 30th May, 1814 (No. 1).

Basis of the Union of the Belgic Provinces*

Art. LXXIII. His Majesty the King of the Netherlands, having recognised and sanctioned, under date of the 21st July, 1814, as the Basis of the Union of the Belgic Provinces with the United Provinces, the 8 Articles contained in the document annexed to the present Treaty (No. 4), the said Articles shall have the same force and validity as if they were inserted, word for word, in the present Instrument.

Integrity of the 19 Cantons of Stvitzerland.

Art. LXXIV. The integrity of the Nineteen Cantons,f as they existed in a political body, from the signature of the Convention of the 29th December, 1813, J is recognised as the basis of the Helvetic system.

Switzerland. Union of Three new Cantons. The Valais, Geneva,

and Neufchatel.

Art. LXXV. The Valais, the territory of Geneva, § and the Principality of Neufchatel,|| are united to Switzerland, and shall form Three new Cantons.

* The Union between Holland and Belgium was dissolved by the Treaty between the 5 Powers and Belgium of the 15th November, 1831. The King of the Netherlands, however, refused to consent to the arrangement, and it was subsequently cancelled by the Treaties between the 5 Powers and Belgium, the 5 Powers and the Netherlands, and between the Netherlands and Belgium, which were all signed on the 19th April, 1839.

T See Treaty between Austria, Great Britain, Prussia, Russia, and Nether- lands of 31st May, 1815, Art. VIII.

X See Appendix.
Zurich.	Unterwald.	Basle.	Argovia.
Berne.	Glaris.	Schaffhausen.	Thurgovia,
Lucerne.	Zug.	Appenzell.	Tessin.
Uri.	Friburg.	St. Gall.	Vaud.
Schweitz.	Soleure.	Grisons.

§ See Convention between the Swiss Cantons of 29th December, 1813. Appendix.

|| See Treaty between Great Britain, Austria, France, Prussia, Russia, and Switzerland, 26th May, 1857.

254

No. 27] GREAT BRITAIN, AUSTRIA, &c. [9 June, 1815.

[Vienna Congress Treaty.]

La Vallee des Bappes. La Vallee des Dappes, having formed part of the Canton of Vaud, is restored to it.*

Switzerland. Union of Bishopric of Basle, and Toivn and Territory of Bienne, with Canton of Berne.

Art. LXXVI. The Bishopric of Basle, and the city and terri- tory of Bienne, shall be united to the Helvetic Confederation, and shall form part of the Canton of Berne.

The following districts, however, are excepted from this last arrangement :

1. A District of about three square leagues in extent, in- cluding the Communes of Altschweiler, Schonbuch, Oberweiler, Terweiler, Ettingen, Flirstentein, Plotten, Pfeffingen, Aesch, Bruck, Reinach, Arlesheim ; which District shall be united to the Canton of Basle.

An Enclave given to Neufchatel.

2. A small Enclave, situated near the Neufchatel village of Lignieres,-)- which is at present, with respect to civil jurisdiction, dependant upon the Canton of Neufchatel, and with respect to criminal jurisdiction upon that of the Bishopric of Basle, shall belong in full Sovereignty to the Principality of Neufchatel.

Switzerland. Bights of Inhabitants of Countries united with

Canton of Berne.

Art. LXXVII. The inhabitants of the Bishopric of Basle, and those of Bienne, united to the Cantons of Berne and Basle, shall enjoy, in every respect, without any distinction of Religion (which shall be maintained in its present state) the same political and civil rights which are enjoyed, or may be enjoyed, by the inha- bitants of the ancient parts of the said cantons ; they shall, there- fore, be equally competent to become candidates for the places of Representatives, and for all other appointments, according to the constitution of the cantons. Such municipal privileges as are compatible with the constitution and the general regulations of the Canton of Berne, shall be preserved to the town of Bienne, and to the villages that formed part of its jurisdiction.

The sale of the national domains shall be confirmed, and the feudal rights and tithes cannot be re-established.

* On the 8th December, 18G2, a Treaty was concluded between France and Switzerland for an exchange of territory in the Vallee des Dappes. t See also Art. XXIII, p. 226.

9 June, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 27

[Vienna Congress Treaty.]

The respective Acts of the union shall be framed, conformably to the principles above declared, by Commissions, composed of an equal number of deputies from each of the directing parties con- cerned. Those from the Bishopric of Basle shall be chosen by the canton from amongst the most eminent citizens of the country. The said Acts shall be guaranteed by the Swiss Con- federation. All points upon which the parties cannot agree, shall be decided by a court of Arbitration, to be named by the Diet.

Switzerland. Restoration of the Lordship of Razilns to the Canton

of Grisons.

Art. LXXVIII. The cession, made by Article III of the Treaty of Vienna, -of the 14th October, 1809,* of the Lordship of Raziins, inclosed in the country of the Grisons, having expired ; and His Majesty the Emperor of Austria, being restored to all the rights attached to the said possession, confirms the disposition which he made of it, by a Declaration, dated the 20th March, 1815, in favour of the Canton of the Grisons.

Sivitzerland. Commercial and Military Communications between Town of Geneva and Canton of Vaud. Versoy Road.

Art. LXXIX. In order to ensure the commercial and military communications of the Town of Geneva with the Canton of Vaud, and the rest of Switzerland ; and with a view to fulfil, in that respect, Article IV of the Treaty of Paris of the 30th May, 1814 (No. 1), His Most Christian Majesty consents so to place the line of custom-houses, that the road which leads from Geneva into Switzerland by Versoy, shall at all times be free, and that neither the post nor travellers, nor the transport of merchandize, shall be interrupted by any examination of the officers of the Customs, nor subjected to any duty.

Switzerland. Passage of Troops. Versoy Road.

It is equally understood that the passage of Swiss troops on this road shall not, in any manner, be obstructed.

In the additional regulations to be made on this subject, the execution of the Treaties relative to the free communication between the town of Geneva and the jurisdiction of Peney, shall be assured in the manner most convenient to the inhabitants of

* Annulled. 256

No. 27] GREAT BRITAIN, AUSTRIA, &c. [9 June, 1815.

[Vienna Congress Treaty.]

Geneva. His Most Christian Majesty also consents that the gendarmerie and militia of Geneva, after having communicated on the subject -with the nearest military post of the French gendar- merie, shall pass on the high road of Meyrin, to and from the said jurisdiction and the town of Geneva.

Switzerland. Cession by the King of Sardinia to the Canton of Geneva. Savoy* Simplon Road.

Art. LXXX. His Majesty the King of Sardinia cedes that part of Savoy which is situated between the river Arve, the Rhone, the limits of that part of Savoy ceded to France, and the mountain of Saleve, as far as Veiry inclusive, together with that part which lies between the high road called that of the Simplon, the Lake of Geneva, and the present territory of the canton of Geneva, from Venezas to the point where the river Hermance crosses the said road ; and from thence, following the course of that river to where it enters the Lake of Geneva, to the east of the village of Hermance (the whole of the road of the Simplon continuing to be possessed by His Majesty the King of Sardinia) in order that these countries shall be united (remits) to the canton of Geneva ; with the reservation, however, of determining more precisely, by Commissioners respectively, their limits, particularly that part which relates to the demarcation above Veiry and on the mountain of Saleve ; His said Majesty renouncing for himself and his successors, in perpetuity, without exception or reservation, all rights of Sovereignty, or other rights which may belong to him in the places and territories comprised within this demarca- tion.

Switzerland. Simplon Road. Passage of Troops.

His Majesty the King of Sardinia also agrees, that the commu- nication between the canton of Geneva and the Valais, by the road of the Simplon, shall be established, in the same maimer as it has been agreed to by France, between Geneva and the canton of Vaud, by the route of Versoy.f A free communication shall also be at all times granted for the Genevese troops, between the terri- tory of Geneva and the jurisdiction of Jussy, and such facilities shall be allowed as may be necessary for proceeding by the lake to the road of the Simplon.

Switzerland. Exemption from Transit Dues.

On the other hand, an exemption from all duties of transit

* See also Art. XCI. t See Art, LXXIX.

257 s

9 June, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 27

[Vienna Congress Treaty.]

shall be granted for all merchandise and goods which, coming from the States of His Majesty the King of Sardinia and the Free Port of Genoa, shall traverse the road called the Simplon in its whole extent, through the Valais and the State of Geneva. This exemption shall, however, be confined to the transit, and shall extend neither to the tolls established for the maintenance of the road, nor to duties levied on merchandise or goods intended to be sold or consumed in the interior. The same reservation shall apply to the communication granted to the Swiss between the Valais and the canton of Geneva ; and the different Govern- ments shall for this purpose take such measures as, by common agreement, they shall judge necessary, either for taxation or for preventing contraband trade in their territories, respectively.*

Switzerland. Compensations by Cantons of Argovia, Vaud, Tessin, and St. Gall, to Cantons of Schweitz, Unterwald, Uri, Claris, Zug, and Appenzell.

Art. LXXXI. With a view to the establishing of reciprocal compensations, the Cantons of Argovia, Vaud, Tessin, and St. Gall, shall furnish to the ancient Cantons of Schweitz, Unterwald, Uri, Glaris, Zug and Appenzell {Rhode Interieure) a sum of money to be applied to purposes of public instruction, and to the expenses of general administration, but principally to the former object, in the said cantons.

The quota, manner of payment, and division of this pecuniary compensation, are fixed as follows : —

The Cantons of Argovia, Vaud, and St. Gall shall furnish to the Cantons of Schweitz, Unterwald, Uri, Zug, Glaris, and Appenzell (Rhode Interieure), a fund of 500,000 Swiss livres.

Each of the former cantons shall pay the interest of its quota, at the rate of 5 per cent, per annum, or have the option of dis- charging the principal, either in money or funded property.

The division, either of the payment or receipt of these funds, shall be made according to the scale of contributions laid down for providing the federal expenses.

The Canton of Tessin shall pay every year to the Canton of Uri, a moiety of the produce of the tolls in the Levantine Valley.

Switzerland. Disposal of Funds placed in "England by Cantons

of Zurich and Berne.

Art. LXXXII. To put an end to the discussions which have

* See also Arts. LXXXV and XCI. 258

No. 27] GREAT BRITAIN, AUSTRIA, &c. [9 June, 1815.

[Vienna Congress Treaty.]

arisen, with respect to the funds placed in England by the Cantons of Zurich and Berne, it is determined :

1. That the Cantons of Berne and Zurich shall preserve the property of the funded capital as it existed in 1803, at the period of the dissolution of the Helvetic Government, and shall receive the interest thereof, from the 1st January, 1815 ;

2. That the accumulated interest due since the year 1798, up to the year 1814, inclusive, shall be applied to the payment of the remaining capital of the national debt, known under the denomi- nation of the Helvetic debt ;

3. That the surplus of the Helvetic debt shall remain at the charge of the other cantons, those of Berne and. Zurich being exonerated by the above arrangement. The quota of each of the cantons which remain charged with this surplus, shall be calculated and paid according to the proportion fixed for the contributions destined to defray federal expenses. The countries incorporated with Switzerland since 1813 shall not be assessed on account of the old Helvetic debt.

If it shall happen that an overplus remains after discharging the above debt, that overplus shall be divided between the Cantons of Berne and Zurich, in the proportion of their respective capitals.

The same regulations shall be observed with regard to those other debts, the documents concerning which are deposited in the custody of the President of the Diet.

Switzerland. Indemnity to Proprietors of "Lauds." Art. LXXXIII. To conciliate disputes respecting Lauds abo- lished without indemnification, an indemnity shall be given to persons who are owners of such Lauds ; and for the purpose of avoiding all further differences on this subject between the Cantons of Berne and Vaud, the latter shall pay to the Government of Berne the sum of 300,000 Swiss livres, which shall be shared between the Bernese claimants, proprietors of Lauds. The pay- ments shall be made at the rate of a fifth part each year, com- mencing from the 1st January, 1816.

Switzerland. Confirmation of the Declaration of 20th March,

1815.

Art. LXXXIV. The Declaration of the 20th March (No. 9),

addressed by the Allied Powers who signed the Treaty of Paris, to

the Diet of the Swiss Confederation, and accepted by the Diet

through the Act of Adhesion of the 27th May (No. 20), is con-

259 s 2

9 June, 1815.] GREAT BRITAIN, AUSTRIA, &xk [No. 27

[Vienna Congress Treaty.]

firmed in the whole of its tenor ; and the principles established, as also the arrangements agreed upon, in the said Declaration, shall be invariably maintained.

Frontiers of the States of the King of Sardinia*

Art. LXXXV. The frontiers of the States of His Majesty the King of Sardinia shall be : —

On the side of France, such as they were on the 1st of January, 1792, with the exception of the changes effected by the Treaty of Paris of the 30th May, 1814 (No. 1) ;

On the side of the Helvetic Confederation, such as they ex- isted on the 1st of January, 1792, with the exception of the change produced by the cession in favour of the Canton of Geneva, as specified by Article LXXX of the present Act ;

On the side of the States of His Majesty the Emperor of Austria, such as they existed on the 1st of January, 1792 ; and The Convention concluded between their Majesties the Empress Maria Theresa and the King of Sardinia, on the 4th October, 1751, f shall be reciprocally confirmed in all its stipulations;

On the side of the States of Parma and Placentia, the frontier as far as it concerns the ancient States of the King of Sardinia, shall continue to be the same as they were on the 1st of January, 1792.

The borders of the former States of Genoa, and of the countries called Imperial Fiefs, united to the States of His Majesty the King of Sardinia, according to the following Articles, shall be the same as those which, on the 1st of January, 1792, separated those countries from the States of Parma and Placentia, and from those of Tuscany and Massa.

Island of Gapraja. The island of Capraja, having belonged to the ancient republic of Genoa, is included in the cession of the States of Genoa, to His Majesty the King of Sardinia.

Union of the States of Genoa with the States of the King of

Sardinia.

Art. LXXXVI. The States which constituted the former re- public of Genoa, are united in perpetuity to those of His Majesty the King of Sardinia, to be, like the latter, possessed by him in full Sovereignty and hereditary property ; and to descend, in the male

* See Treaty between Austria and Sardinia of 6th August, 1849. t See Appendix.

260

No. 27] GEE AT BKITAIN, AUSTRIA, &c. [9 June, 1815.

[Vienna Congress Treaty.]

line, in the order of primogeniture, to the two brandies of his house, viz. : the royal branch, and the branch of Savoy-Carignan.

Title of King of Sardinia; Duke of Genoa. Art. LXXXVII. The King of Sardinia shall add to his pre- sent titles, that of Duke of Genoa.*

Sardinia. Bights of Privileges of the Genoese. Art. LXXXVIII. The Genoese shall enjoy all the rights and privileges, specified in this Act, intituled "Conditions which are to serve as the basis of the Union of the Genoese States to those of His Sardinian Majesty " (No. 19), and the said Act, such as it is annexed to this General Treaty, and shall be considered as an integral part thereof, and shall have the same force and validity as if it were textually inserted in the present Article.

Sardinia. Union of the " Imperial Fiefs " of late Ligurian

Republic. Art. LXXXIX. The countries called Imperial Fiefs, formerly united to the ancient Ligurian Republic, are definitely united to the States of His Majesty the King of Sardinia, in the same manner as the rest of the Genoese States ; and the inhabitants of these countries shall enjoy the same rights and privileges as those of the States of Genoa, specified in the preceding Article.

Sardinia. Bight of Fortifying. Art. XC. The right that the Powers who signed the Treaty of Paris of the 30th May, 1814 (No. 1), reserved to themselves by Article III of that Treaty, of fortifying such points of their States as they might judge proper for their safety, is equally reserved, without restriction, to His Majesty the King of Sardinia.

Savoy. ^ Cession by the King of Sardinia to the Canton of Geneva. Art. XCI. His Majesty the King of Sardinia cedes to the

* See Art. XIV. Conditions, &c.

f By the Treaty between France and Sardinia of 24th March, 1860, Savoy and Nice were united to France ; but by Art. II of that Treaty it was declared to be understood that the Xing of Sardinia could only transfer the neutralised parts of Savoy on the conditions upon which he himself possessed them, and that it belonged to the Emperor of the French to come to an understand- ing both with the Powers represented at the Congress of Vienna, and with the Swiss Confederation, respecting the necessary guarantees to be given in consequence of the stipulations of that Treaty. See also notes of 14th March, 1859, and 18th and 29th July, 1870.

261

9 June, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 27

[Vienna Congress Treaty.]

Canton of Geneva the districts of Savoy, designated in Article LXXX above recited, according to the conditions specified in the Act, intituled " Cession made by His Majesty the King of Sar- dinia to the Canton of Geneva " (No. 19). This Act shall be con- sidered as an integral part of this General Treaty, to which it is annexed, and shall have the same force and validity as if it were textually inserted in the present Article.

Switzerland and Sardinia. Neutrality of Ghablais, Faucigny,

and part of Savoy. Art. XC1I. The Provinces of Chablais and Faucigny, and the whole of the territory of Savoy to the north of Ugine, belonging to His Majesty the King of Sardinia, shall form a part of the Neutrality of Switzerland, as it is recognised and guaranteed by the Powers.*

Passage of Troops.

Whenever, therefore, the neighbouring Powers to Switzerland are in a state of open or impending hostility, the troops of His Majesty the King of Sardinia which may be in those provinces, shall retire, and may for that purpose pass through the Valais, if necessary. No other armed troops of any other Power shall have the privilege of passing through or remaining in the said territories and provinces, excepting those which the Swiss Con- federation shall think proper to place there ; it being well under- stood that this state of things shall not in any manner interrupt the administration of these countries, in which the civil agents of His Majesty the King of Sardinia may likewise employ the municipal guard, for the preservation of good order.

Description of the Territories, fyc, of which the Emperor of Austria

takes possession on the side of Italy. Istria, Dalmatia, Mouths

of the Gattaro, Venice, Tyrol, Vorarlberg, <$fc.

Art. XCIII. In pursuance of the Renunciations agreed upon by

the Treaty of Paris of the 30th May, 1814 (No. 1), the Powers

who sign the present Treaty, recognise His Majesty the Emperor of

Austria, his heirs and successors, as legitimate Sovereign of the

Provinces and Territories which had been ceded, either wholly or

in part, by the Treaties of Campo-Formio of 1797,f of Luneville of

180 14 of Presburgof 1805, § by the additional Convention of Fon-

* See Protocol of 4 Powers, 3rd November, 1815. t 17th October, 1707. See Appendix. X 9th February, 1801. See Appendix. § 26th December, 1805. Annulled.

262

MAP to illustrate portions of Arts. XCIII. and X CIV. of the Vienna Congress Treaty of gth Jtine, 1815 : Austrian Possessions in Dalmatia, the Mouths of the Cat tar 0, and the former Republic of Ragusa, &c, and shewing position of Ttirkish Districts of Kleck and Sutorina.

Marcus Lane VfC

The Austrian Possessions are coloured Pink.

MAP OF

DALMATIA, MOUTHS OF THE CATTARO,

FORMER REPUBLIC OF RAGUSA, &c,

(TURKISH DISTRICTS OF KLECK & SUTORINA)

1815.

No. 27] GKEAT BEITAIN AUSTRIA, &c. [9 June, 1815.

[Vienna Congress Treaty.]

tainebleau of 1807,* and by the Treaty of Vienna of 1809 ; f the possession of which provinces and territories His Imperial and Royal Apostolic Majesty obtained in consequence of the last war; such as, Istria, Austrian as well as heretofore Venetian, Dalmatia, the ancient Venetian Isles of the Adriatic, the Mouths of the Cattaro, the City of Venice, | with its waters, as well as all the other provinces and districts of the formerly Venetian States of the Terra Firma upon the left bank of the Adige, the Duchies of Milan and Mantua, the Principalities of Brixen and Trente, the County of Tyrol,§ the Vorarlberg,§ the Austrian Frioul, the ancient Venetian Frioul, the territory of Montefalcone, the Government and Town of Trieste, Carniola, Upper Carinthia, Croatia on the right of the Save, Fiume and the Hungarian Littorale, and the District of Castua.

Territories united to the Austrian Monarchy. The Valteline, Bormio, Chiavenna, Ragusa, fyc.

Art. XCIV. His Imperial and Royal Apostolic Majesty shall unite to his monarchy, to be possessed by him and his successors in full property and Sovereignty : —

1. Besides the portions of the Terra Firma in the Venetian States mentioned in the preceding Article, the other parts of those States, as well as all other territories situated between the Tessino,§ the Po, and the Adriatic Sea.

2. The Vallies of the Valteline, of Bormio, and of Chiavenna.

3. The territories which formerly composed the Republic of

Ragusa.

Austrian Frontiers in Italy. \\

Art. XCV. In consequence of the stipulations agreed upon in the preceding Articles, the frontiers of the States of His Imperial and Apostolic Majesty, in Italy, shall be : —

1. On the side of the States of His Majesty the King of Sardinia, such as they were on the 1st of January, 1792 ;

2. On the side of the States of Parma,1F Placentia, and Gua- stalla, the course of the Po, the line of demarcation following the Thalweg of the River ;

* 10th October, 1807. See Appendix.

t 14th October, 1809. Annulled.

X See Treaty between Austria and Sardinia of 20th May, 1815.

§ See Art. II of Convention 3rd June, 1814.

|| See Treaties of 10th November, 1859, and 3rd October, 1866.

^[ A Protocol was signed between Austria and Parma on the 25th April, 1820, defining this Boundary, which Protocol was converted into a Convention on the 25th May, 1821.

263

9 June, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 27

[Vienna Congress Treaty.]

3. On the side of the States of Modeua, such as they were on 1st of January, 1792 ;

4. On the side of the Papal States, the course of the Po, as far as the mouth of the Goro ;

5. On the side of Switzerland, the ancient frontier of Lornbardy, and that which separates the Vallies of the Valteline, of Bormio, and Chiavenna, from the Cantons of the Orisons and the Tessino.

Islands in the Po. In those places where the Thalweg of the Po forms the frontier, it is agreed, that the changes which the course of the river may undergo shall not, in future, in any way affect the property of the Islands therein contained.

Navigation of the Po.

Art. XCVI. The general principles, adopted by the Congress at Vienna, for the Navigation of Rivers (No. 11), shall be ap- plicable to that of the Po.

Commissioners shall be named by the States bordering on rivers, within three months at latest after the termination of the Congress, to regulate all that concerns the execution of the present Article.* Arrangements respecting the "Mont-Napoleon" at Milan.

Art. XCVII. As it is indispensable to preserve, to the establish- ment known by the name of the Mont-Napoleon at Milan, the means of fulfilling its engagements towards its creditors ; it is agreed, that the landed and other immovable property of this establishment, in countries which formed part of the ancient Kingdom of Italy, and have since passed under the government of different Princes of Italy, as well as the capital belonging to the said establishment placed out at interest in these different countries, shall be appropriated to the same object.

The unfunded and unliquidated debts of the Mont-Napoleon, such as those arising from the arrears of its charges, or from any other increase of the outgoings of this establishment, shall be divided between the territories which composed the late Kingdom of Italy ; and this division shall be regulated according to the joint bases of their population and revenue.

The Sovereigns of the said countries shall appoint Commis- sioners, within the space of three months, dating from the termi- nation of the Congress, to arrange with Austrian Commissioners whatever relates to this object. This Commission shall assemble at Milan.

* Seo Treaty between Austria, Modena, and Parma, of 3rd July, 181'.'.

264

No. 27] GREAT BRITAIN, AUSTRIA, &c. [9 June, 1815.

[Vienna Congress Treaty.]

Duchies of Modena, Reggio, and Mirandola ; Duchy of Massa ; Principality of Carrara, and Imperial Fiefs in La Lunigiana.

Art, XCVIII. His Royal Highness the Archduke Francis d'Este, his heirs and successors, shall possess, in full Sovereignty, the Duchies of Modena, Reggio, and Mirandola, such as they existed at the signature of the Treaty at Campo Fonnio (1797).

The Archduchess Maria Beatrice d'Este, her heirs and suc- cessors, shall possess, in full Sovereignty and property, the Duchy of Massa and the Principality of Carrara, as well as the Imperial Fiefs in La Lunigiana.

The latter may be applied to the purpose of exchanges, or other arrangements made by common consent, and according to mutual convenience, with His Imperial Highness the Grand Duke of Tuscany.*

The rights of Succession and Reversion, established in the branches of the Archducal Houses of Austria, relative to the Duchies of Modena, Reggio, and Mirandola, and the Principalities of Massa and Carrara, are preserved.

Duchies of Parma,f Placentia, and Gicastalla.

Art. XCIX. Her Majesty the Empress Maria Louisa shall pos- sess, in full property and Sovereignty, the Duchies of Parma, Placentia, and Guastalla, with the exception of the districts lying within the States of His Imperial and Royal Apostolic Majesty on the left bank of the Po.

The Reversion of these countries shall be regulated by com- mon consent, with the Courts of Austria, Russia, France, Spain, England and Prussia; due regard being had to the rights of Reversion of the House of Austria, and of His Majesty the King of Sardinia, to the said countries.!

Possessions of the Grand Dulce of Tuscany. § The Presidii, Elba, Piombino, Imperial Fiefs, Sfc. Art. C. His Imperial Highness the Archduke Ferdinand of

See Treaty between Austria, Sardinia, Lucca, Modena, and Tuscany, of 28th November, 1844, by which certain exchanges of territory were made.

Parma was united to the Kingdom of Sardinia by Decree dated 18th March, 1860. The reigning Duchess protested against this contemplated annexation on the 20th June, 1859. % See Treaty of 10th June, 1817.

§ Tuscany was united to the Kingdom of Sardinia by Decree dated 22nd March, 1860. The Grand Duke protested against this annexation on the 26th March, 1860.

265

9 June, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 27

[Vienna Congress Treaty.]

Austria is re-established, himself, his heirs and successors, in all the rights of Sovereignty and property, in the Grand Duchy of Tuscany and its dependencies, which he possessed previous to the Treaty of Luneville (1801).

The stipulations of the second Article of the Treaty of Vienna, of the 3rd October, 1735, between the Emperor Charles VI and the King of France, to which the other Powers acceded, are fully renewed in- favour of His Imperial Highness and his descendants, as well as the guarantees resulting from those stipulations.*

There shall be likewise united to the said Grand Duchy, to be possessed in full property and Sovereignty by the Grand Duke Ferdinand, his heirs, and descendants ; —

1. The State of the Presidii.

2. That part of the Island of Elba, and its appurtenances, which were under the Suzerainete of His Majesty the King of the Two Sicilies before the year 1801.

3. The Suzerainete and Sovereignty of the Principality of Piombino and its dependencies.

Prince Ludovisi Buoncompagni shall retain, for himself and his legitimate successors, all the property which his family possessed in the Principality of Piombino, and in the Island of Elba and its dependencies, previously to the occupation of those countries by the French troops in 1799, together with the mines, foundries, and salt mines.

The Prince Ludovisi shall likewise preserve his right of Fishery, and enjoy an entire exemption from duties, as well for the exporta- tion of the produce of his Mines, foundries, salt mines, and do- mains, as for the importation of Wood and other articles neces- sary for working the mines : he shall also be indemnified by His Imperial Highness the Grand Duke of Tuscany, for all the reve- nues the family of the latter derived from the crown duties before the year 1801. In case any difficulties should arise in the valua- tion of this indemnity, the parties concerned shall refer the decision to the Courts of Vienna and Sardinia.

4. The late Imperial Fiefs of Vernio, Montanto, and Monte Santa Maria, lying within the Tuscan States.

Duchy of Lucca. f

Art. CI. The Principality of Lucca shall be possessed in full * See Treaty between the 5 Powers and Spain of 10th June, 1817. t Lucca was ceded to Tuscany by the Treaty of 4th October, 1847 ; and Tuscany was annexed to Sardinia by Decree of 22nd March, 1860.

266

No. 27] GREAT BRITAIN, AUSTRIA, &c. [9 June, 1815.

[Vienna Congress Treaty.]

Sovereignty by Her Majesty the Infanta Maria Louisa, and her descendants, in the direct male line.

The Principality is erected into a Duchy, and shall have a form of government founded upon the principles of that which it received in 1805.

An Annuity of 500,000 francs shall be added to the revenue of the Principality of Lucca, which His Majesty the Emperor of Austria, and His Imperial Highness the Grand Duke of Tuscany, engage to pay regularly, as long as circumstances do not admit of procuring another establishment for Her Majesty the Infanta Maria Louisa, her son, and his descendants. This annuity shall be specially mortgaged upon the Lordships in Bohemia, known by the name of Bavaro Palatines ; which, in case of the Duchy of Lucca reverting to the Grand Duke of Tuscany, shall be freed from this charge, and shall again form a part of the private domain of His Imperial and Royal Apostolic Majesty.*

Reversion of the Duchy of Lucca. Fivizano, 8fc.

Art. CIL The Duchy of Lucca shall revert to the Grand Duke of Tuscany ; either in case of its becoming vacant by the death of Her Majesty the Infanta Maria Louisa, or of her son Don Carlos, and of their direct male descendants ; or in case the Infanta Maria Louisa or her direct heirs should obtain any other establishment, or succeed to another branch of their dynasty.

The Grand Duke of Tuscany, however, engages, should the said Reversion fall to him, to cede to the Duke of Modena, as soon as he shall have entered into possession of the Principality of Lucca, the following territories : —

1. The Tuscan districts of Fivizano, Pietra Santa, and Barga.

2. The Lucca districts of Castiglione and Gallicano, lying within the States of Modena, as well as those of Minucciano and Monte- Ignose, contiguous to the country of Massa.*

Restoration of the Marches, Renevento, and Porite-Corvo, to the Holy See.f Abt. CIII. The Marches, with Camerino, and their depen- dencies, as well as the Duchy of Benevento and the Principality of Ponte-Corvo, are restored to the Holy See.

* See Art. CII, and Treaty between the 5 Powers and Spain of 10th June, 1817.

t The Provinces of the Marches were annexed to the Kingdom of Sar- dinia by Decree of 17th December, 1860.

267 •

9 June, 1815.] GEEAT BEITAIN, AUSTEIA, Ac. [No. 27

[Vienna Congress Treaty.]

Restoration of the Legations of Ravenna, Bologna, and Ferrara,

to the Holy See. The Holy See shall resume possession of the Legations of Ravenna, Bologna, and Ferrara, with the exception of that part of Ferrara which is situate on the left bank of the Po.

Austrian Right to Garrison Ferrara and Commachio. His Imperial and Royal Apostolic Majesty and his successors shall have the right of placing Garrisons at Ferrara and Com- machio.

Rights of Inhabitants returning under Government of Holy See. The inhabitants of the countries who return under the Government of the Holy See, in consequence of the stipula- tions of Congress, shall enjoy the benefit of Article XVI of the Treaty of Paris of the 30th May, 1814 (No. 1).

Acquisitions of Individuals. Public Debt. Pensions. All acquisitions made by individuals, in virtue of a title acknowledged as legal by the existing laws, are to be considered as good, and the arrangements necessary for the guarantee of the public debt and the payment uf pensions, shall be settled by a particular Convention between the Courts of Rome and Vienna.

Restoration of King Ferdinand IV to Naples as King of the Two

Sicilies. Art. CIV. His Majesty King Ferdinand IV, his heirs, and successors, is restored to the throne of Naples, and His Majesty is acknowledged by the Powers as King of the Two Sicilies.

Affairs of Portugal. Restitution of the Town of Olivenga. Art. CV. The Powers, recognising the justice of the claims of His Royal Highness the Prince Regent of Portugal and the Brazils, upon the Town of Olivenca, and the other territories ceded to Spain by the Treaty of Badajos of 1801,* and viewing the restitution of the same as a measure necessary to insure that perfect and constant harmony between the Two Kingdoms of the Peninsula, the preservation of which in all parts of Europe, has been the constant object of their arrangements, formally engage to use their utmost endeavours, by amicable means, to procure the retrocession of the said territories in favour of Portugal. And the Powers declare, as far as depends upon them, that this arrangement shall take place as soon as possible.^

* Treaty between France and Portugal of 6th June, 1801. Annulled, f This restitution never took place ; and the town is still held by Spain.

268

No. 27] GKEAT BRITAIN, AUSTRIA, &o. [9 June, 1815.

[Vienna Congress Treaty.]

Relations between France and Portugal. French Guiana. Art. C VI. In order to remove the difficulties which opposed the Ratification on the part of His Royal Highness the Prince Regent of the Kingdoms of Portugal and the Brazils, of the Treaty signed on the 30th of May, 1814 (No. 1), between Portugal and France ; it is determined that the stipulations contained in Article X of that Treaty, and all those which relate to it, shall be of no effect, and that with the consent of all the Powers the provisions contained in the following Article shall be substituted for them, and which shall alone be considered as valid : with this exception, all the other clauses of the above Treaty of Paris shall be maintained, and regarded as mutually binding on the Two Courts.*

France and Portugal. Restitution of French Guiana.

Art. CVII. His Royal Highness the Prince Regent of the Kingdoms of Portugal and the Brazils, wishing to give an unequivocal proof of his high consideration for His Most Chris- tian Majesty, engages to restore French Guiana to His said Majesty, as far as the river Oyapock, the mouth of which is situated between the fourth and fifth degree of north latitude, and which has always been considered by Portugal as the Limit appointed by the Treaty of Utrecht. f

The period for giving up this Colony shall be determined, as soon as circumstances shall permit, by a Particular Convention between the two Courts ;J and they shall enter into an amicable arrangement, as soon as possible, with regard to the definitive demarcation of the limits of Portuguese and French Guiana, con- formably to the precise meaning of Article VIII of the Treaty of Utrecht.

Navigation of Rivers traversing different States.^

Art. CVIII. The Powers whose States are separated or crossed by the same navigable River engage to regulate, by common con-

* See Art. CXXI, respecting Ratification?.

t 11th April, 1713. See Appendix.

% Treaty 28th August, 1817.

§ Arts. CVIII to CXVI are the same as the Regulations of March, 1815. These Articles were referred to in the Preamble to the Treaty between Prussia, Hanover, &c, of 10th September, 1823, relative to the navigation of the Weser ; in the Treaty between Austria, &c, and Hanover, of 13th April, 1844, and in the Treaty between Great Britain and Hanover, of 22nd July, 1844, relative to the Brunshausen or Stade Toll. They were also applied to the Danube by Art. XV of the General Treaty of 30th March, 1856.

269

9 June, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 27

[Vienna Congress Treaty.]

sent, all that regards its navigation. For this purpose they will name Commissioners, who shall assemble, at latest, within 6 months after the termination of the Congress, and who shall adopt, as the bases of their proceedings, the Principles established by the following Articles.

Rivers : Freedom of Navigation. Art. .CIX. The navigation of the Rivers, along their whole course, referred to in the preceding Article, from the point where each of them becomes navigable, to its mouth, shall be entirely free, and shall not, in respect to Commerce, be prohibited to any one ; it being understood that the Regulations established with regard to the Police of this navigation shall be respected, as they will be framed alike for all, and as favourable as possible to the Commerce of all nations.

Rivers: Uniformity of System for Collection of Dues. Art. CX. The system that shall be established both for the collection of the Duties and for the maintenance of the Police, shall be, as nearly as possible, the same along the whole course of the River ; and shall also extend, unless particular circum- stances prevent it, to those of its Branches and Junctions, which, in their navigable course, separate or traverse different States;

Rivers : Regulation of Tariff.

Art. CXI. The Duties on navigation shall be regulated in an uniform and settled maimer, and with as little reference as pos- sible to the different quality of the merchandize, in order that a minute examination of the cargo may be rendered unnecessary, except with a view to prevent fraud and evasion. The amount of the Duties, which shall in no case exceed those now paid, shall be determined by local circumstances, which scarcely allow of a general rule in this respect. The Tariff shall, however, be pre- pared in such a manner as to encourage commerce by facilitating navigation ; for which purpose the Duties established upon the Rhine, and now in force on that River, may serve as an approxi- mating rule for its construction.

The Tariff once settled, no increase shall take place therein, except by the common consent of the States bordering on the Rivers; nor shall the navigation be burdened with any other Duties than those fixed in the Regulation (No. 11).

Rivers: Offices for Collection of Dues.

Art. CXII. The Offices for the collection of Duties, the number

270

No. 27] GREAT BRITAIN, AUSTRIA, &c. [9 June, 1815.

[Vienna Congress Treaty.]

of which shall be reduced as much as possible, shall be determined upon in the above Regulation, and no change shall afterwards be made, but by common consent, unless any of the States bordering on the Rivers should wish to diminish the number of those which exclusively belong to the same.

Rivers : Towing Paths. Art. CXTII. Each State bordering on the Rivers is to be at the expense of keeping in good repair the Towing Paths which pass through its territory, and of maintaining the necessary works through the same extent in the channels of the river, in order that no obstacle may be experienced to the navigation.

Rivers: Duties of Riverain States. The intended Regulation shall determine the manner in which the States bordering on the Rivers are to participate in these latter works, where the opposite banks belong to different Governments.

Rivers: Port and Harbour Duties.

Art. CXIV. There shall nowhere be established Store-house, Port, or Forced Harbour Duties {Droits d'e'tape, oVe'chelle et de reldcheforce'e). Those already existing shall be preserved for such time only, as the States bordering on Rivers (without regard to the local interest of the place or the country where they are esta- blished) shall find them necessary or useful to navigation aud commerce in general.

Rivers : Custom-Houses. Art. CXV. The Custom-Houses belonging to the States border- ing on Rivers shall not interfere in the duties of navigation. Regu- lations shall be established to prevent officers of the Customs, in the exercise of their functions, throwing obstacles in the way of the navigation ; but care shall be taken, by means of a strict Police on the bank, to preclude every attempt of the inhabitants to smuggle goods, through the medium of boatmen.

Rivers : Regulations to be settled by a General Arrangement. Art. CXVI. Everything expressed in the preceding Articles shall be settled by a general arrangement, in which there shall also be comprised whatever may need an ulterior determination (No. 11).

The arrangement once settled, shall not be changed, but by and with the consent of all the States bordering on Rivers, and

271

9 June, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 27

[Vienna Congress Treaty.]

they shall take care to provide for its execution with due regard to circumstances and locality.

Rivers : Confirmation of the Particular 'Regulations relative to the Navigation of the Rhine, Neclcar, Moselle, Mcuse, and Scheldt.

Art. CXVII. The Particular Regulations relative to the navi- gation of the Rhine, the Neckar, the Maine, the Moselle, the Meuse, and the Scheldt,* such as they are annexed to the present Act (No. 11), shall have the same force and validity as if they were textually inserted herein.

Confirmation of Treaties and Particular Acts annexed to the General

Treaty.

Art. CXVIII.f The Treaties, Conventions, Declarations, Regu- lations, and other particular Acts which are annexed to the present Act, viz. ; —

"1. The Treaty between Russia and Austria, relative to Poland, of the °^A^, 1815, No. 12 ;

3rd May ' ' '

2. The Treaty between Russia and Prussia, relative to Poland, of the 2444^, 1815, No. 13 ;

3rd May ' ' '

3. The Additional Treaty, relative to Cracow, between Austria, Prussia, and Russia, of the ^ ^a" , 1815, No. 14 ;

4. The Treaty between Prussia (Austria and Russia) and Saxony of the 18th May, 1815, No. 16 ;

5. The Declaration of the King of Saxony respecting the rights of the House of Schcenburg, of the 18th May, 1815, No. 17 ;

6. The Treaty between Prussia and Hanover, of the 29th May, 1815, No. 21 ;

7. The Convention between Prussia and the Grand Duke of Saxe-Weimar, of the 1st June, 1815, No 24;

*8» The Convention between Prussia and the Duke and Prince of Nassau, of the 31st May, 1815, No. 23 ;

9. The Act concerning the Federative Constitution of Germany, of the 8th June, 1815, No. 26 ;

10. The Treaty between the King of the Netherlands, and Prussia, England, Austria, and Russia, of the 31st May, 1815, No. 22 ;

*il. The Declaration of the (8) Powers on the Affairs of the * The Scheldt Toll was redeemed by the Treaties between Great Britain

and Belgium of 16th July and 3rd August, 1863.

t See Treaties between Prussia and Schwartzburg-Sondershausen of 15th

June, 1815, and between Prussia and Schwartzburg-Rudolstadt of 19th June

1816.

272

No. 27.] GREAT BRITAIN, AUSTRIA, &c. [9 June, 1815.

[Vienna Congress Treaty.]

Helvetic Confederation of the 20th March, No. 9 ; and the Act of Accession of the Diet of the 27th May, 1815, No. 20 ;

12. The Protocol of the 29th March, 1815, on the Cessions made by the King of Sardinia to the Canton of Geneva, No. 10 ;

43. The Treaty between the King- of Sardinia, Austria, England, .Russia, Prussia, and France, of the 20th May, 1815, No. 19 ;

*44. The Act entitled " Conditions which are to serve as the Basis of the Union of the States of Genoa with those of His Sar- dinian Majesty ; " No. 19.

15. The Declaration of the 8 Powers on the Abolition of the Slave Trade, of the 8th February, 1815, No. 7 ;

1 6. The Regulations respecting the Free Navigation of Rivers, NO. 11 ;

17. The Regulation concerning the Precedence of Diplomatic Agents, No. 8 ;

Shall be considered as integral parts of the Arrangements of the Congress, and shall have, throughout, the same force and validity as if they were inserted, word for word, in the General Treaty.

Invitation to Accede to the General Treaty addressed to the Potvers

assembled in Congress.

rr Art. CXIX. All the Powers assembled in Congress, as well as the Princes and Free Towns, who have concurred in the arrange- ments specified, and in the Acts confirmed, in this General Treaty, are invited to accede to it.

Reservations as to the use of the French Language in the drawing

up of this Act.

Art. CXX. The French Language having been exclusively employed in all the copies of the present Treaty, it is declared, by the Powers who have concurred in this Act, that the use made of that Language shall not be construed into a Precedent for the future ; every Power, therefore, reserves to itself the adoption in future Negociations and Conventions, of the Language it has hereto- fore employed in its diplomatic relations ; and this Treaty shall not be cited as a Precedent contrary to the established practice.

Ratification of the Treaty and Deposition of the Original in the Archives of the Court and State of Vienna.

Art. CXXI. The present Treaty shall be ratified, and the Ratifications exchanged in six months, and by the Court of Por- tugal in a year, or sooner, if possible.

273 t

9 June, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 27

[Vienna Congress Treaty.]

A copy of this General Treaty shall be deposited in the Archives of the Court and State of His Imperial and Royal Apos- tolic Majesty, at Vienna, in case any of the Courts of Europe shall think proper to consult the original text of this Instrument.

In faith of which the respective Plenipotentiaries have signed this Act, and have affixed thereunto the Seals of their Arms.

Done at Vienna, the 9th of June, in the year of Our Lord, 1815.

(The Signatures follow in the Alphabetical Order of the Courts.)

Austria,

(L.S.) LE PEINCE DE METTERNIOH. (L.S.) LE BARON DE WESSENBERG.

(Espagne)* Spain.

France,

(L.S.) LE PRINCE DE TALLEYRAND.

(L.S.) LE DUKE D'ALBERG.

(L.S.) LE COMTE ALEXIS DE NOAILLES.

Great Britain,

(L.S.) CLANCARTY. (L.S.) CATHCART. (L.S.) STEWART, L. G.

Portugal,

(L.S.) LE COMTE DE PALMELLA.

(L.S.) ANTONIO DE SALDANHA DA GAMA.

(L.S.) D. JOAQUIM LOBO DA SILVEIRA.

Prussia

(L.S.) LE PRINCE DE HARDENBERG. (L.S.) LE BARON DE HUMBOLDT.

Russia,

(L.S.) LE PRINCE DE RASOUMOFFSKY. (L.S.) LE COMTE DE STACKELBERG. (L.S.) LE COMTE DE NESSELRODE.

Sweden, (L.S.) LE COMTE CHARLES-AXEL DE LOWENHIELM.

(Save and except the reservation made to the Articles CI, Oil, aud CIV of the Treaty .f)

* Spain did not sign this Treaty, but she acceded to it by an Act dated 7tb June, 1817. See also Treaty between the 5 Powers and Spain of 10th June, 1817.

f See Protocol, 18th June, 1815.

274

MAP.

EUROPE in

1815

EUROPE, ACCORDING TO THE VIEK

15

10

10

lr'"»ta,. .<? "'vjiJl. <4t» "*' »- 'j/lr^Z^f < \Drtmm

*"'*,

'«//

tfftMrJ^

55 I

£

:,(!

*./

7" r!£

1 t*s

Hy>

F**«vfeenj .,V,t/, ,./•/;,,,; N O R r u

1R-

Tisttitb

l.r/in i,/i\

^T^^^rSr/'- S E A DEN

»**oX SluSr^ ^%}'^C'-4., s^^fc^ - s"' :-

f

-Bptvndary of the Germanic Confederation

I l CONGRESS TREATY, 9™ JUNE, 1A15.

15

20

30

35

JtKBOU* p(),.t,B

ft; OosjL'— ^H*f

Fun'1 5W

»

1EBLIN

3

50

we

«1

f*5

^

fipmiinn il" '

1 A})"1!

stl,uii- N C

,!..-• * ft *

''"/lrj/iwh

$?£/

0 ,,»"

.""

YofioZ,

fa-** |A

Com

ii r.'i'.^v

■ i r; ■ i****"] i$-v; ,?"""•' ^i Xr \ /« n™'"""

£\ A w"~"

40

35

*»'o J

. Sow *i Fa/rt/rt Malta

■,H'|"

£

I *

15

30

Stanford^, Gnjgv Estaht, 55 Charing Cnss.&W

MAR EUROPE

in.

1815

No. 27] GREAT BRITAIN, AUSTRIA, &c. [9 June, 1815.

[Vienna Congress Treaty.]

ANNEXES TO THE VIENNA CONGRESS TREATY OF

9th JUNE, 1815. Act. No.

I. Treaty. Russia and Austria, relating to

Poland o\fPlil> 1815. 12

3 May

II. Treaty. Russia and Prussia, relating to

Poland » ,,. — j I ,n

3 May ' ? 13

— (Annex) Schedule J

III. Additional Treaty. Austria, Prussia, and

Russia, relating to Cracoiv n * — ,

3 May

14

— (Annex) Constitution of Free Town of Cracoiv 15

IV. Treaty (Territorial). Prussia (Austria and

Russia) and Saxony 18 May, 16

V. Declaration of King of Saxony, on Rights of

House of Sehonburg 18 May, 17

— Act of Acceptance of ditto by 5 Courts 29 May, 17

VI. Treaty (Territorial). Prussia and Hanover . . 29 May, 21

VII. Convention (Territorial). Prussia and the

Grand Duke of Saxe- Weimar 1 June, 24

VIII. Convention (Territorial). Prussia and the

Duke and Prince of Nassau 31 May, 23

IX. Act, concerning the Federative Constitution of

Germany 8 June, 20

X. Treaty. Netherlands and Austria (Prussia, England) and Russia) relating to the King- dom of the Netherlands 31 May, 22

— (Annex) Act for the Acceptance of the Sove-

reignty of the Provinces of Belgium by the

Sovereign Prince. The Hague, 21 July, 1814 4

XIa. Declaration of the 8 Powers on the affairs of

the Helvetic Confederation 20 March, 9

XIb. Act of Accession of the Swiss Diet to the said

Declaration 27 May, 20

XII. Protocol of Conference (8 Powers) on the

Cessions made by Sardinia to the Canton of

Geneva 29 March, 10

XIII. Treaty (Territorial). Sardinia and Austria

(England, France, Prussia, and Russia) .... 20 May, 19

— (Annex) Cession made by Sardinia to the

Canton of Geneva 19

XIV. Act entitled " Conditions which are to serve as the Basis for the Union of the States of Genoa,

to those of his Sardinian Majesty" , 19

XV. Declaration of the 8 Powers on the Abolition

of the Slave Trade , , , , 8 February, — — 7

275 t 2

9 June, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 27.

[Vienna Congress Treaty.]

Act. No.

XVI. Regulations for the Erce Navigation of

Mivers : — — Articles concerning the Navigation of Rivers

which, in their course of Navigation, sepa- rate or traverse different States March, 1815. 11

— r Articles concerning the Navigation of the

Shine March, 11

— ■ Articles concerning the Navigation of the

Neckar, the Main, the Moselle, the Meuse,

and the Scheldt March, 11

XVII. Regulation on the Bank and Precedence of

Diplomatic Agents 19 March, 8

ACTS OF RATIFICATION of the General Treaty of Congress of Vienna, of 9th June, 1815.*

Memorandum. — The Acts of Ratification rf the present Treaty of the Congress of Vienna and its Annexes, by the Emperor of Austria, the King of France, the King of Great Britain, the Prince Regent of Portugal, the King of Prussia, the Emperor of Russia, and the King of Sweden, were executed by those Sovereigns re- spectively, in the following Form, subject to the requisite varia- tions of Title, Country, <J-c.

George the Third, by the Grace of God, King of the United Kingdom of Great Britain and Ireland, Defender of the Faith, King of Hanover, Duke of Brunswick and Luneburg, &c, &c, &c. To all and singular to whom these presents shall come, greeting.

Whereas the Powers who signed the Treaty of Pans of the 30th of May, 1814 (No. 1), met at Vienna conformably to Article XXXII of that instrument, together with the Princes and States, their Allies, in order to complete the measures which therein origi- nated: And whereas there was concluded and signed at Vienna, on the 9th June, this present year 1815 (No. 27), between His Britan- nic Majesty ; His Majesty the Emperor of Austria, King of Hungary and Bohemia ; His Majesty the King of France and Navarre ; His Royal Highness the Prince Regent of the Kingdoms of Portugal and The Brazils ; His Majesty the King of Prussia ; His Majesty the Emperor of all the Russias ; and His Majesty the King of Sweden and Norway ; one general and common Treaty, in Eight original Acts, each of them word for word the same, and through-

* For French version, see " State Papers," vol. xxii, p. 1029.

270

No. 27] GREAT BRITAIN, AUSTRIA, fto. [9 June, 1815.

[Vienna Congress Treaty.]

out conformable one to the other, of which 8 Acts one is in the possession of each of the 7 signing Powers, and the 8th is deposited, in execution of Article CXXI of the said Instrument, among the Public Archives at Vienna, to serve as a document common as well to the parties who signed the same, as above mentioned, as to the other Powers and States acceding thereto : And whereas the said General Treaty received on the 9th June, 1815, amongst other signatures, those of His Britannic Majesty's Plenipotentiaries, and those of the Plenipotentiaries of His Impe- rial and Royal Apostolic Majesty.

V\re, having read and examined, as well the General Treaty of the 9th June, 1815, as the Treaties, Conventions, Declarations, Regulations, and other Instruments, recited in Article CXVIII thereof, and making part of the same, all of which are to be re- garded as if they were here inserted, word for word, have found them altogether conformable to our will and pleasure ; in conse- quence whereof, we have approved, confirmed, and ratified them, as by these presents we approve, confirm, and ratify them ; pro- mising, as well for His Majesty, as for his heirs and successors, faithfully to fulfil what is therein contained.

In faith whereof We have signed and caused to be affixed the Great Seal of the United Kingdom of Great Britain and Ireland to these Acts of Ratification, in seven corresponding Instruments, one of which shall be annexed to the original copy of the Treaty, deposited as above, in the Imperial Archives at Vienna, to serve as a Document to all ; and the 6 others shall be exchanged with the 6 Signing Powers, and this present Instrument shall be exchanged against the Act of Ratification of His Imperial and Royal Apostolic Majesty.

Done in Duplicate, in order that one copy of the Ratification of His Imperial and Royal Apostolic Majesty may be deposited in the Public Archives of Vienna, together with the General Treaty, and the other in the Office of His Majesty's Principal Secretary of State for Foreign Affairs.

Given at the Palace of Carlton House, the day of in the year of Our Lord, 1815, and in the 56th year of His Majesty's reign.

In the name and on the behalf of His Majesty.

GEORGE, P.R.

277

10 June, 1815.] AUSTRIA, PRUSSIA, &c. [No. 28

[Westphalia, &c,]

No. 28.-- TERRITORIAL CONVENTION between Aus- tria, Prussia, and Hesse-Darmstadt \ Signed at Vienna^ 10th June, 1815,*

Art. • Taet i

Preamble,

1. Cession of Duchy of Westphalia to Prussia.

2. Cession of Territory on Left Bank of the Rhine to Grand Duks of

Hesse.

3. Salt-Works of Kreuznach to belong to the Grand Duke.

4. Delivery of Territories to Prussia and Hesse-Darmstadt.

5. Revenues of Ceded Territories.

6. Civd Officers and Pensioners of the Duchy of Westphalia.

7. Debts and Pensions to be paid by the Duchy of Westphalia.

8. Debts and Burthens of Territories on Left Bank of the Rhine transferred

to States on the Right Bank.

9. Troops in Westphalia to remain attached to Hessian Army for One-

Year. Liberty to Officers to enter Prussian Service.

10. Title of Prince of Worms.

11. Guarantee of States to Grand Duke of Hesse,

12. Ratifications.

Separate and Secret Article. Restoration of Possessions, &c, to Prince of Hesse-Homhv.rtt,

(Translation.f)

In the Name of the Most Holy and Indivisible Trinity.

Their Majesties the Emperor of Austria and the King of Prussia on the one part, and His Royal Highness the Grand Duke of Hesse on the other part, wishing to regulate everything relating to the Cession of the Duchy of Westphalia to His Prussian Majesty, and to the Indemnity to be fixed for the said Cession, have named for that purpose, namely :

His Imperial and Royal Apostolic Majesty, the Sieur Clement Wenceslas-Lothair Prince of Metternich- Winneborg-Ochsenhausen, Curator of the Academy of Fine Arts, Chamberlain, Actual Inti- mate Councillor of His Majesty the Emperor of Austria, King of Hungary and Bohemia, his Minister of State, of Conferences and Foreign Affairs, his First Plenipotentiary to the Congress, &c. ;

His Majesty the King of Prussia, the Prince of Hardenberg, his Chancellor of State, and First Plenipotentiary to the Congress of Vienna. &c. ;

* See also Treaty of 20th July, 1819, Art, x\ii.

t For French version see " State Papers," vol, ii, p. 831,

278

No. 28 1 AUSTRIA, PRUSSIA, &c, [10 June, 1815,

[Westphalia, &c]

And His Eoyal Highness the Grand Duke of Hesse, the Sieur Jean Baron de Turkheim of Altdorff, his Minister of State, and Envoy Extraordinary to the Congress, &c. ;

Who, after having exchanged their Full Powers, f ound to be in good and due form, have agreed upon the following Articles :— -

Cession of Duchy of Westphalia to Prussia,

Art, I. His Roj^al Highness the Grand Duke of Hesse cedes the Duchy of Westphalia to His Majesty the King of Prussia, to be possessed by him, his heirs and successors, in full right and Sovereignty,

Cession of Territory on Left Bank of the Rhine to Grand Duke oj

Hesse.

Art. II. His Royal Highness shall receive, in exchange for the Cession mentioned in the preceding Article, a Territory on the left bank of the Rhine, containing a population of 140,000 souls, to be likewise possessed by him, his heirs and successors, in full right and Sovereignty. This Territory shall be in perfect con- tiguity, and shall contain the towns of Worms, Frankenthal, and Oppenheim. Commissioners shall be appointed without delay, on the part of His Majesty the Emperor of Austria and of His Royal Highness, to settle the valuation and the Limits of the said Terri- tory, and to regulate everything bearing upon the execution of the present Article.

Salt-Works of Kreuznach to belong to the Grand Duke of Hesse.

Art. Ill, His Royal Highness the Grand Duke shall also have the full and free property and enjoyment of the Salt-Works of Kreuznach, situated on the left bank of the Nahe, The working and exportation of the produce of the said Salt-Works shall be free of all duty and dues whatsoever.

Delivery of Territories to Prussia and Hesse-Darmstadt.

Art. IV. The Duchy of Westphalia, such as it has been lately possessed, shall be delivered to the Authorities appointed for that purpose by His Majesty the King of Prussia, on the 15th July ; and His Royal Highness shall at the same time be put in pos- session of the Territories and Works mentioned in Articles II and III,

-;7"

10 June, 1815.] AUSTRIA, PRUSSIA, &c. [No. 28

[Westphalia, &c]

Revenues of Ceded Territories.

Art. V. The Revenues of the Duchy of Westphalia up to the 15th July, are explicitly reserved to Ilis Roj'al Highness the Grand Duke of Hesse, and His Majesty the King- of Prussia undertakes that the arrears shall be paid before the end of tho present year. His Royal Highness the Grand Duke of Hesse shall enjoy all the Revenues of the country and of the works men- tioned in Articles II and III, from the 15th July.

Civil Officers and Pensioners of the Duchy of Westphalia.

Art. VI. His Majesty the King of Prussia takes charge of all Civil Officers employed in the administration of the Duchy of West- phalia, as well those in actual service as those enjoying Pensions.

Debts and Pensions to be paid by the Duchy of Westphalia.

Art. VII. The Debts devolving on the Duchy of Westphalia, arising from the Electorate of Cologne, or contracted for its internal administration, remain chargeable on the said Duchy. The same applies to Pensions and burdens imposed upon that country by the Reces of the Empire of 1803,* namely, the revenue of 15,000 florins settled upon the Duchy in favour of the Prince of Wittgenstein-Berleburg.f

Debts and Burthens of Territories on Left Bank of the Rhine trans- ferred to States on the Right Bank.

Art. VIII. The Territories on the left bank of the Rhine having been freed by former Treaties from all feudal dues, as well as from debts formerly hypothecated or imposed upon them, and having thrown those burthens upon the possessors of States on the right bank of the Rhine, who at the time received Indemnities for them, it is agreed that none of those burthens shall be chargeable on those countries without the consent of His Royal Highness the Grand Duke. It is nevertheless recorded that Article XXVII of the Treaty of Paris of 30th May, 1814 (No. 1), relative to the possessors of National Domains, shall have its full effect in the said countries.

Troops in Westphalia to remain attached to Hessian Army for One Year. Liberty to Officers to enter Prussian Service.

Art. IX. The troops drawn from the Duchy of Westphalia

* See Appendix.

\ See Treaties of 30th June, 1816, and 12tb March, 1817.

280 '

No. 28] AUSTRIA, PRUSSIA, &c. [10 June, 1815.

[Westphalia, &c]

shall remain attached to the army of His Royal Highness the Grand Duke for the space of one year. The officers who shall not wish to remain in the service of Hesse shall pass over to the sendee of His Majesty the King of Prussia, retaining their rank.

Title of Prince of Worms. Art. X. His Royal Highness the Grand Duke of Hesse shall take the Title of Prince of Worms.

Guarantee of States to Grand Duke of Hesse.

Art. XI. His Imperial and Royal Apostolic Majesty and His Majesty the King of Prussia Guarantee to His Royal Highness the Grand Duke of Hesse, the Sovereignty and Independence of his States, and promise to obtain the same Guarantee from the Court of Russia. The arrangements which may still remain to be made, in conformity with the Treaty of Frankfort of 23rd Novem- ber, 1813,* shall be made by common consent. This reserve is specially applicable to the Bailiwicks of Hanau.

Ratifications.

Art1. XII. The present Convention shall be ratified, and the Ratifications thereof shall be exchanged within the space of 30 days.

In faith of which the respective Plenipotentiaries have signed it, and have affixed thereunto the Seal of their Arms.

Done at Vienna, the 10th of June, in the year of Our Lord,

1815.

(L.S.) LE PRINCE DE METTERNICH.

(L.S.) LE PRINCE DE HARDENBERG.

(L.S.) LE BARON DE TURCKHEIM.

Separate and Secret Article. Restoration of Possessions, y-c, to Prince of Hesse-Homburg.

His Royal Highness the Grand Duke of Hesse engages to rein- state the Prince of Hesse-Homburgf in his Possessions, Revenues, Rights, and Political Relations, of which he was deprived by the Confederation of the Rhine.

The present Article, Separate and Secret, shall have the same

* See Appendix. f See Note, page 241.

281

10 June, 1815.] AUSTRIA, PRUSSIA, [No. 28

[Westphalia, &c]

force and value as if it were inserted word for word in the Con- vention of this day. It shall be ratified, and the Ratifications 1 hereof shall be exchanged at the same time.

In faith of which the respective Plenipotentiaries have signed it, and have affixed thereunto the Seal of their Arms.

Done at Vienna, the 10th of June, in the year of Our Lord, 1815.

(L.S.) LE PRINCE DE METTERNICH.

(L.S.) LE PRINCE DE HARDENBERG.

(L.S.) LE BARON DE TURCKIIEIM.

232

No, 29] GREAT BRITAIN, AUSTRIA, kc. [18 June, 1815=

[Congress of Vienna. Protests of the Pope.]

No. 29 — ^PROTOCOL of Conference between the Plenipo- tentiaries of the 8 Court*, recording the Protests of the Pope against certain Clauses of the Treaties of 1814 and 1815. Vienna. 18th June, 1815,

Tabus.

Protest of the Pope against Act of Congress of Vienna prejudicial to the

Rights of the Clrurch. Protest of the Pope against Resolutions of Congress prejudicial to Temporal

Interests of the Holy See.

(Translation.*)

The 121 Articles marked at the last sitting, and which, together with the Annexes therein referred to, form the Final Act of the Congress, having been collected and drawn np in General Treaty of 9th June (No. 27), the Plenipotentiaries assembled to finish and enter in the Protocol certain points preliminary to the signature of the said General Treat}-.

Art. I. They took into consideration the two Acts of Protest sent in on the 12th June by His Eminence Cardinal Consalvi, His Holiness's Secretary of State and his Plenipotentiary at the Congress of Vienna.

Jo'

Protest of the Pope against Act of Congress of Vienna prejudicial to the Tights of the Church.

By the First of these Acts the Cardinal protests, in the name of His Holiness, against the Resolutions which have been main- tained or passed by the Congress of Vienna (No. 27), and are prejudicial to the interests of the Catholic Religion, and contrary to the rights of the Church.

Protest of the Pope against Resolutions of Congress prejudicial to Temporal Interests of the Holy See.

By the Second Act the Cardinal presents a Protest against what is contained in the Treaty of Paris (No. 1), as well as in the Resolutions of the Congress (No. 27), prejudicial to the temporal interests of the Holy See.

The Plenipotentiaries declare that these two Acts of Protest shall remain deposited in the Archives of the Congress, and be appended to the present Protocol.

Art. II. Count Lowenhielm, Plenipotentiary of His Majesty

* For French, version, see "State Papers," vol, ii, p. 760).

2$3

IS June, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 29

[Congress of Vienna. Protests of the Pope.]

the King of Sweden and Norway, reverts to the Reservation which he made in the name of his Court, at the sittings of June 9 and 11, relative to Articles CI and CII of the General Treaty, which concern the arrangement about Lucca, and to Article CIV, which declares the recognition of Ferdinand IV on the Throne of Naples, which Reservation is of the purport of the paper delivered at the last sitting, and the Plenipotentiary of Sweden desires that an acknowledgment of that Reservation may be given to him in a special Protocol signed by the Plenipotentiaries of the 8 Powers.

Whereupon it has been decided that at the sitting of to- morrow there shall be delivered to the Plenipotentiary of Sweden a special Protocol, such as is shown in the paper appended hereto, signed by the Plenipotentiaries.

Art. III. In order to provide that the General Treaty of the 9th of this month may be regularly drawn up, the Plenipoten- tiaries have had some errors corrected and have arranged some slight alterations in the wording of the instrument drawn up.

These corrections and these alterations are set down on the explanatory leaf appended hereto.

WESSENBERG.

P. GOMEZ LABRADOR.

DALBERG.

CLANCARTY.

PALMELLA.

SALDANHA.

LOBO.

HUMBOLDT.

STACKELBERG.

LOWENHIELM.

(Annex 1.) Protest of the Pope against the Resolutions of the Congress prejudicial to Religion and to the Catholic Church. Vienna, 12th June, 1815.

(Sub-Annex.) Protest, in the name of His Holiness Pope Pius VII and the Holy Apostolic See, against all those matters which have been sanctioned or allowed to remain to the pre- judice of the Rights and Privileges of the German Churches, and also of the Holy See, at the Congress of Vienna. 12th June, 1815.

284

No. 29] GREAT BRITAIN, AUSTRIA, &c. [18 June, 1815,

[Congress of Vienna. Protests of the Pope.]

(Sub-Annex.) Protest in the name of His Holiness Pope Pius VII and the Holy Apostolic See, against all those matters which in reference to his Dominions have either been sanctioned or allowed to remain, to the prejudice of the said Holy See, at the Congress of Vienna. 12th June, 1815.

(Annex 2.) Protest of the Pope against the Treaty of Paris and the Resolutions of the Congress, prejudicial to the Temporal interests of the Holy See. 12th June, 1815.

->:'5

1814-1815.1 GREAT BRITAIN, AUSTRIA, &C. [No. 30

[Protocols. Congress of Vienna.]

NO. 30.—PPOWCOLS of Conferences between the Plenipo- tentiaries of the Siynatary Courts to the Treaty of Peace with France of 2>0th May, 1814. Vienna, 22nd Septem- ber, 1814—19*/* June, 1815.

" State Papers," vol. ii. No. 1814. Page

— Protocol. 4 Courts (Austria, Great Britain, Prussia,

Itussia) . Forms and Course of the Deliberations . 22 September 554

— Project of the Plenipotentiaries of the 4 Courts.

Forms and Course of the Deliberations 22 September 556

— Project of the Declaration of the 4 Courts. Course

of the Deliberations 30 September 557

— The Plenipotentiary of France to the Plenipotentiary

of Great Britain. Course of the Deliberations ... 1 October . 550

— Project (British) of Declaration of the 4 Courts.

Course of the Deliberations 2 October . 5G0

— The Plenipotentiary of France to the British Pleni-

potentiaiy. Course of the Deliberations 5 October . 561

— Declaration of the Plenipotentiaries of the 8 Courts.

Opening of the Congress 8 October . 563

-~ Protocol. 8 Courts (Austria, Spain, France, Great Britain, Portugal, Prussia, Russia, Sioeden). Bank and Precedence of the Plenipotentiaries. Presi- sidency at the Seances. Full Powers. Distribution of Work 30 October . 563

— Propositions of the Plenipotentiary of France. Dis-

tribution of Work 563

— Protocol. 8 Courts. Verification of the Powers, &c. 31 October . 566

— Declaration of the Plenipotentiaries of the 8 Courts.

Verification of the Powers, &c 1 November 567

— Protocol. 8 Courts. Sardinia and Genoa. General

Affairs of Italy , 13 November 570

— The Conference to the Plenipotentiary of Sardinia.

Genoa , 17 November 571

— Protocol. 8 Courts. Genoa and Piedmont. The

Infanta Maria Louise and Tuscany 9 December 573

— Protocol. 8 Courts. Genoa and Piedmont. Pnperial

Fiefs. Tuscany. Navigation of the Hirers. Slave

Trade. Bank of Crowned Heads 10 December 576

■— The Conference to the Plenipotentiary of Sardinia.

Genoa , 15 December 576

— Propositions of the Plenipotentiary of France. Rivers.

Slave Trade. Bank 576

286

No. 30] GREAT BRITAIN, AUSTRIA, &c. [1814-1815.

[Protocols. Congress of Vienna.]

" State Papers," vol. ii. No. 1814. Page

— Protocol. 8 Courts. Genoa and Piedmont 12 December 577

— Protocol. 8 Courts. Genoa and Piedmont. Navi-

gation of Rivers.* Slave Trade 14 December 577

1. Protocol. 4 Courts. Territorial Arrangements.

Saxony and Poland 29 December 579

— The Plenipotentiary of Austria to tbe Plenipotentiary

of Russia. Saxony and Poland 26 December 580

— The Plenipotentiary of Russia to tbe Plenipotentiary

of Austria. Saxony and Poland 27 December 581

— Tbe Plenipotentiary of Austria to tbe Plenipotentiary

of Russia. Saxony and Poland , 27 December 581

— Tbe Plenipotentiary of Russia to tbe Plenipotentiary

of Austria. Saxony and Poland 27 December 582

— Tbe Plenipotentiary of Austria to tbe Plenipotentiary

of Prussia. Saxony and Poland 28 December 583

— Tbe Plenipotentiary of Prussia to tbe Plenipotentiary

of Austria. Saxony and Poland 29 December 583

2. Protocol. 4 Courts. Saxony, Poland, Mayence,

Germanic Confederation 30 December 588

— Memoir and Project of tbe Agreement of tbe Pleni-

potentiaries of Russia 30 December 589

1815.

3. Protocol. 4 Courts. Saxony, Poland, Mayence .... 3 January . 593

— Counter Project of Convention of tbe Plenipotentiary

of Austria. Saxony, Poland, Mayence 594

4. Protocol. 4 Courts. Saxony, Poland, Mayence. (Com-

mission de Redaction) 7 January . 596

5. Protocol. Saxony and Poland. Prussia 9 January . 597

— Observations of the Plenipotentiary of Russia on the

Austrian Counter Project. Poland 599

— Memorandum of the British Plenipotentiary. Saxony.

Poland. Prussia , 601

1. Protocol. 5 Courts. (Atistria, France, Great Britain,

Prussia, Russia.) Reconstruction of Prussia .... 12 January . 602 ■ — A Prussian Plan. Reconstruction of Prussia 602

— Protocol. 8 Courts. Rank of the Sovereigns, and

Precedence of their Representatives. Port of

Antiverp. Slave Trade 16 January . 604

2. Protocol. 4 Courts. Reconstruction of Prussia.

Extension of Holland 2S January . 604

— B. Austrian Memoir in reply to the Prussian Plan . . 28 January . 606

— C. Austrian Schedule of Losses and Compensations 612

— D. Memoir of the Plenipotentiary of Great Britain .

Holland 613

* The Regulation was presented, and approved by the Conference ou the 29th March, 1815.

287

1814-1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 30

[Protocols. Congress of Vienna.]

" State Papers," yoI. ii.

No. 1815. Page

ft. Protocol. 5 Courts. Reconstruction of Prussia .... 8 February 614

— E. Prussian Memoir in reply to the Austrian Counter

Project. Reconstruction of Prussia 8 February 616

— Protocol. 8 Courts. Precedence of Diplomatic

Agents. Switzerland 9 February 629

4. Protocol. 5 Courts. Reconstruction of Prussia.

Poland. Saxony. Netherlands. Constitution of

Germany. Fortresses. Saxe Weimar. Schonburg 10 February 630

— F. Austrian Declaration of Adhesion to the Prussian

Project 631

— G. Official Report of Commission cle Redaction.

Austrian Declaration of Adhesion to the Prussian

Project 633

5. Protocol. 5 Courts. Duchy of Warsaw. Saxony.

Cessions Guaranteed. Navigation of the Elbe. Schwartzbourg. Lusatia. Saxe Weimar. Hanover. Fortresses of Luxemburg, &c 11 February 632

— H. Declaration of the British Plenipotentiaries.

Guarantee 635

— I. Declaration of the 5 Courts. Title of Grand Duke

of Saxe- Weimar 635

— K. British Declaration. Hanover and Prussia. For-

tresses of Luxemburg, Mayence, &c 636

6. Protocol. 5 Courts. Prassian Possessions. Posses-

sions of Nassau-Dietz. Westphalia. Nassau. Fulda. The Netherlands. Constitution of Germany. For- tresses of the Germanic League. Saxe- Weimar. SchOtihirg 12 February 637

7. Protocol. 5 Courts. Bingen. Houses of Nassau

and Saxony. Titles of the Ring of Prussia. Hanover and Prussia. Chapter of St. Peter of Norten. Meppen. Pheina-Wolbech. Bentheim. Prussia and Brunswick. Oldenburg. Guarantee of Concessions. Neustadt 13 February 638

— L. The Plenipotentiaries of Prussia to the Confer-

ence. Neustadt 13 February 640

8. Protocol. 5 Courts. Poland. Pentheim. Bouillon 21 February 640

— M. The Plenipotentiary of Great Britain to the Con-

ference. Poland 12 January . 642

— N. The Plenipotentiaries of Russia to the Confet'ence.

Poland 19 January . 644

— O. The Plenipotentiaries of Austria to the Conference.

Poland 21 February 645

8. P. The Plenipotentiary of Prussia to the British

Plenipotentiary. Poland 30 January . 64 7

— ■ Q. The Plenipotentiary of Hanover to the Plenipoten- tiary of Prussia. Hanover and Bentheim . . 16 and 18 February 648

288

No. 30] GREAT BRITAIN, AUSTRIA, &c. [1814-1815.

[Protocols. Congress of Vienna.]

" State Papers," toI. ii.

No. 1815. Page 9. Protocol. 5 Courts. Saxony. Bouillon. (Com- mission de Redaction) 6 March. . . 650

— R. Note of the Plenipotentiaries of Austria and of

Prussia. Saxony and Prussia. Neustadt 6 March. . . G51

10. Protocol. 5 Courts. Saxony 7 March. . . 652

— S. Communication to the King of Saxony. Saxony

and Prussia , 7 March . . . 0.V2

11. Protocol. 5 Courts. Saxony and Prussia 12 March. . . G58

— T. The Minister of Saxony to the Plenipotentiaries of

Austria, France, and Great Britain. Saxony and

Prussia 11 March. . . GG1

— U. The Plenipotentiaries of the 3 Courts to tho

Minister of Saxony. Saxony and Prussia 11 March. . . GG2

— Protocol. 8 Courts. Escape of Bonaparte. (Com-

mission de Redaction.) Switzerland 12 March. . . GG3

— Protocol. 8 Courts. Escape of Bonaparte 13 March. . . 664

— Declaration. 8 Courts. Escape of Bonaparte .... 13 March. . . 665

12. Protocol. 5 Courts. Switzerland. Bazuns. Valte-

line, Bormio and Chiavenna. Maria Louisa of

Spain 18 March. . . 667

— V. Protocol of the Swiss Committee. Maria Louisa

of Spain 18 March. . . 667

— W. The Conference to the French Plenipotentiary.

Maria Louisa of Spain 18 March. . . G68

— Protocol. 8 Courts. Switzerland. Bonaparte. Mili-

tary Councils. Precedence 19 March. . . 668

— Declaration. Affairs of the Helvetic Confederation 20 March. . , 6G9

— Regulation. Rank of Diplomatic Agents 19 March. . . 670

13. Protocol. 5 Courts. Titles of the Xing of the Nether-

lands. Nassau. Luxemburg 23 March. . . 670

14. Protocol. 4 Courts. Alliance against Bonaparte. :

Subsidies 25 March. . . 671

— X. Treaty of Alliance between the 4 Courts. Subsidies 25 March. . . 672

— Y. Additional and Separate Article. British Con-

tingent 25 March. . . 672

— Z. The Plenipotentiaries of the 3 Courts to tho

British Plenipotentiary. Subsidies 672

15. Protocol. 5 Courts. Switzerland 26 March. . . 073

— AA. The Swiss Deputies to the Conference 24 March. . . 673

16. Protocol. 5 Courts. Alliance against Bonaparte . . 27 March. . . 674

— BB. The Plenipotentiaries of the 4 Courts to the

Plenipotentiary of France. Adhesion of France to

the Treaty of Alliance 27 March. . . 674

17. Protocol. 5 Courts. Savoy and Geneva. Accessions to

the Treaty of Alliance against Bonaparte. Saxony 28 March. . . 675

— CC. The Plenipotentiary of Sardinia to the Confer-

ence. Savoy and Geneva , 26 March. . . 677

289 u

18 June, 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 29

[Protocols. Congress of Vienna.]

" State Papers," rol. ii.

No. 1815. Page

— DD. The Plenipotentiary of France to the Conference.

Accession to the Treaty of Alliance against Bona- ■ parte 27 March. . . 678

— EE. The Conference to the Plenipotentiaries of

Bavaria, Denmark, Hanover, Netherlands. Sar- dinia, Wurtemherg, &c. Accession to the Treaty of Alliance against Bonaparte 29 March. . . 679

— PP. The Plenipotentiaries of Austria and of Prussia

to the Plenipotentiaries of the Sovereign Princes and Eree Cities of Germany. Accession to the Treaty of Alliance against Bonaparte 29 March. . . 680

18. Protocol. 5 Courts. Saxony and Prussia. Accessions

to the Treaty of Alliance. Diplomatic Corps in

Paris 31 March. . . 681

— GGr. The Plenipotentiaries of the 5 Courts to the

Minister of (Saxony. Adhesion of Saxony 31 March. . . 682

— HH. Formulary of Treaty of Accession to the Treaty

of Alliance against Bonaparte 683

— JJ. The Plenipotentiary of Wurtemherg to the Con-

ference. Diplomatic Corps in Paris 30 March. . . 683

19. Protocol. 5 Courts. Saxony and Prussia. Alliance

against Bonaparte. Military Arrangements 1 April. . . . 683

20. Protocol. 5 Courts. Warsaw. Bavaria. Haynau.

Mauence and Darmstadt. Road from Frankfort to

Leipsic 3 April. . . . 684

21. Protocol. 5 Courts. Austria and Bavaria 4 April. . . . 685

— EK. Austrian Schedule of Cessions, &c 685

22. Protocol. 5 Courts. Austria and Bavaria 5 April. . . . 687

— LL. The Plenipotentiary of Bavaria to the Confer-

ence. Austria and Bavaria 5 April. . . . 688

23. Protocol. 5 Courts. Saxony and Prussia. Warsaw 7 April. . . . 692

— MM. The Plenipotentiary of Saxonij to the Confer-

ence. Adhesion of Saxony. Warsaw. Schonourg 6 April. . . . 692

24. Protocol. 5 Courts. Austria and Bavaria. Saxony

and Warsaio 10 April 696

— NN. Austrian Proposals of Exchange with Bavaria 697

— 00. The Plenipotentiaries of Prussia to the Plenipo-

tentiary of Saxony. Saxony and Prussia 10 April. . . . 698

— PP. The Plenipotentiary of Russia to the Plenipoten-

tiary of Saxony. Warsaio 10 April. . . . 701

25. Protocol. 5 Courts. Austria and Bavaria. ' Wur-

temburg. Hesse. Baden. Darmstadt. Saxony . 13 April. . . . 703

— G;Q. The Conference to tn.1 Plenipotentiary of Saxony.

Saxony and Prussia. Warsaxv. Adhesion of

Saxony 14 April. . . . 703

2G. Protocol. 5 Courts. Military Arrangements 18 April. . . . 706

290

No. 30J GREAT BRITAIN, AUSTRIA, &c. [1814—1815.

[Protocols. Congress of Vienna.]

" State Papers," toI. ii.

No. 1815. Page

— RR. Table. Contingents of the Princes and States of

the North of Germany 706

27. Protocol. 5 Courts. Saxony. Accession of Saxony

to the Treaty of Alliance. Swedish Pomerania ... 20 April. . . . 707

— SS. The Plenipotentiary of Saxony to the Confer-

ence. Saxony and Prussia 20 April. . . . 708

28. Protocol. 5 Courts. Austria and Bavaria. Guarantee.

Prince Primate, &c, of Frankfort. Bavaria and Baden (Palatinate) . Prince Eugene. Anspach and Bayreuth. Berg. Districts upon the right Bank of the Moselle. Contingent of Saxony 23 April. . . . 711

— TT. Observations of the British Plenipotentiary.

Contingent of Saxony 21 April. . . . 714

29. Protocol. 5 Courts. Adhesion of Saxony. Swedish

Pomerania 27 April. . . . 716

30. Protocol. 5 Courts. Austria and Sicily. Contingent

of Saxony. Mecklenburg- Schiverin. Subsidies . . 30 April. . . . 717

— UU. The Plenipotentiary of Prussia to the British

Plenipotentiary. Contingent of Saxony 29 April. . . . 718

— TV. The Plenipotentiary of Mecklenburg- Schiverin

to the Conference. Title of Royal Highness 18 April. . . . 718

31. Protocol. 5 Courts. Adhesion of Saxony. Con-

tingent of Saxony 1 May .... 719

— WW. The Plenipotentiary of Saxony to the Confer-

ence. Adhesion of Saxony 1 May .... 720

— XX. The British Plenipotentiary to the Russian

Plenipotentiary. Contingent of Saxony 1 May .... 721

— YY. The Plenipotentiary of Prussia to the British

Plenipotentiary. Contingent of Saxony 1 May .... 722

32. Protocol. 5 Courts. Support of the Allied Armies. . 3 May . . . . 722

— ZZ. The Plenipotentiary of Hanover to the Confer-

ence. Support of the Allied Armies 4 May .... 725

33. Protocol. 4 Courts. Treaty of Alliance against

Bonaparte 6 May .... 726

— AAA. British explanatory Declaration. Government

of France 25 April 727

— BBB. Counter-Declarations of the 3 Courts. Govern-

ment of France May .... 727

— Protocol. 8 Courts. Report. Declaration against

Bonaparte 12 May 727

— Adhesion of the Plenipotentiaries of Bavaria, Den-

mark, Hanover, the Netherlands, Sardinia, Saxony, Two Sicilies, and Wurtemburg to the Report. Declaration against Bonaparte 12 May .... 734

34. Protocol. 5 Courts and Saxony. Saxony and Prussia.

SchOnburg. Accession of Saxony to the Alliance

against Bonaparte , 18 May .... 734

291 u 2

1814-1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 30

[Protocols. Congress of Vienna.]

" State Papers," vol. ii.

No. 1815. Page

— CCC. Article. Succession. Ernestine and Albcrtine

Branches of the House of Saxony > . 735

— DDD. Article. Eights of the House of Sch&nburg 736

— EEE. Treaty of Accession of Saxony to the Treaty of

Alliance against Bonaparte 736

— FEF. Extract of Protocol. Saxony and Prussia. ... 18 May .... 736

35. Protocol. 5 Courts and Saxony. Treaty (territorial)

with Saxony 20 May .... 737

36. Protocol. 5 Courts and Saxony. Batification of the

Treaty with Saxony 22 May .... 737

— GGG. Treaty with Saxony 18 May 738

37. Protocol. 5 Courts. Draft of the General Treaty . . 20 May 738

38. Protocol. 5 Courts. Saxony. Schdnburg . Sioitzer-

land. Italy. Navigation of the Po. Mont Napo- leon. Modena. Parma and Placencia. The Netherlands. Mecklenburg. Oldenburg. Project

of General Treaty 27 May 739

<— HHH. Declaration of the King of Saxony. House of

Schdnburg 18 May .... 740

— J JJ. Treaty of Accession of Sivitzerland to the Treaty

of Alliance against Bonaparte 20 May .... 741

39. Protocol. 5 Courts. General Treaty. Order of Sig-

natures. French Language. Prussia and Hanover. 29 May .... 741

40. Protocol. 5 Courts. Prussia and Saxe-Weimar.

Fulda. Mediatised Princes in Prussia. Italy. Tuscany. Prince Lodovisi Buoncompagni. Lucca . Maria Louisa of Spain 1 Juno .... 741

— KKK. Convention (territorial) between Prussia and

Saxe- Weimar 1 June .... 742

41. Protocol. 5 Courts. Lucca. Mont Napoleon in

Milan. Eestitution to Holy See. Prince Eugene Beauharnois. Duchy of B6n6vent. Town of Frank- fort. Wurtzlurg. Aschaffenburg . Bazuns. Por- tugal and Spain and France. Oliven$a. Guiana. Form of the General Treaty 4 June .... 742

— LLL. Declaration on the part of Austria, France,

Prussia, and Russia. Prince Eugene Beauharnois 713

— MMM. Eeservc. Duchy of BenSve?it 4 Juno 743

42. Protocol. 5 Courts. Ionian Islands 744

— NNN. Project of the British Article. Ionian Islands 745

43. Protocol. 5 Courts. Fulda. Prince Primate. Lusatia.

The Holy See. Frankfort. Form of the General

Treaty 6 June 745

44. Protocol. 5 Courts. Bouillon. Tivo Sicilies 7 June .... 746

— OOO. Report. Bouillon 6 June .... 746

45. Protocol. 5 Courts. Austr ia, and Bavaria and Prussia.

Oldenburg 10 June .... 749

292

No. 30] GEEAT BEITAIN, AUSTEIA, &c. [1814—1815,

[Protocols. Congress of Vienna.]

" State Papers," vol. ii.

No. 1815. Pago

— PPP. Project of the Separate Convention between

Austria and Prussia 750

— Protocol. 8 Courts. General Accession of Sivitzerland.

Preamble of the General Treaty. Non-adhesion of Spain. Funds of Zurich and Berne in England. Eeservations of Portugal and of Sweden. Lucca and Naples -p-j June .... 752

— The Plenipotentiary of Spain to the Conference.

Parma, Placentia and Guastalla 4 April, , . . 753

— The Plenipotentiary of Spain to the Conference.

Olivenga, Parma, &c 5 June .... 756

— The Conference to the Plenipotentiary of Spain Idem 6 June .... 757

— The Plenipotentiary of Spain to the Conference Idem 7 June .... 758

— The Plenipotentiary of Portugal to the Conference.

Ulterior Negotiations 9 June .... 759

— The Plenipotentiary of Sweden to the Conference.

Parma, Placentia and Guastalla. Naples 9 June .... 759

— Protocol. 8 Courts. The Holy See. Sweden and

Lucca, and Naples 18 June .... 760

— Protest of the Pope. Eeligion and Catholic Church 12 Juno .... 762

— Protest of the Pope. Temporal interests of tho

Holy See 12 Juno 766

— Protocol. 8 Courts. Sweden and Lucca, and Naples, 18 June .... 772

— Protocol. 8 Courts. Signature of the General Treaty

dated the 9th Juno 19 June .... 773

26 July, 1815.] GREAT BRITAIN, &c, AND RUSSIA. [No. 31

[Slave Trade.]

NO. 31.— PROTOCOL of Conference between Great Britain, Austria, Prussia, and Russia respecting the Abolition of the Slave Trade by France. Paris, 2Qth Jidy, 1815.

(Translation.*) (Extract.)

Viscount Castlereagh, His Britannic Majesty's Principal Secretary of State, kc, in reference to the communication he has made to the Conference, of the Orders addressed to the Admiralty to suspend all Hostilities against the coast of France, observes that there is reason to foresee that French shipowners might be induced to renew the Slave Trade, under the supposition of the peremptory and total abolition decreed by Napoleon Bonaparte, having ceased with his power, that, nevertheless, great and powerful consi- derations, arising from motives of humanity and even of regard for the King's authority, require that no time should be lost to maintain in France the entire and immediate abolition of the Traffic in Slaves ; that if, at the time of the Treaty of Paris (No. 1), the King's administration could wish a final but gradual stop should be put to this Trade, in the space of 5 years, for the purpose of afford- ing the King the gratification of having consulted, as much as possible, the interests of the French proprietors in the Colonies, now that the absolute prohibition has been ordained, the question assumes entirely a different shape, for if the King were to revoke the said prohibition, he would give himself the disadvantage of authorising, in the interior of France, the reproach which more than once has been thrown out against his former Government, of countenancing reactions, and, at the same time, justifying, out of France, and particularly in England, the belief of a systematic opposition to liberal ideas ; that accordingly the time seems to have arrived when the Allies cannot hesitate formally to give weight in France to the immediate and entire prohibition of the Slave Trade, a prohibition, the necessity of which has been acknowledged, in principle, in the transactions of the Congress at Vienna (No. 7).

The other Members of the Conference entirely coincide in opinion with Viscount Castlereagh, and in order to attain this end in the manner the most advantageous to the authority and con-

* For French Version, see " State Papers," vol. iii, p. 196.

294

No. 31] GREAT BRITAIN, &c, AND RUSSIA. [26 July, 1815 .

[Slave Trade.]

sideratiou of the King', it is agreed that it would be advisable to preface, by a few observations, the verbal communication to be made to the King and to his administration, in order that His Majesty may be induced voluntarily to make the arrangement in question, and thus reap the advantage of an initiative, which will remove the idea in the interior of the kingdom of a tendency towards reaction, and will conciliate to the King, in Foreign Countries, the suffrages of the partisans of liberal ideas.

A confidential representation is to be made to the King accordingly.

Paris, 26th July, 1815.

CASTLEREAGH. NESSELRODE.

METTERNICH. HUMBOLDT.

•2{i~)

12 Aug., 1815.] GREAT BRITAIN AND NETHERLANDS. [No. 32 [Dutch Proprietors. Demerara, Essequibo, and Berbice.]

NO. 32.-- CONVENTION between Great Britain and the Netherlands, relative to Dutch Proprietors in Demerara, ■ Essequibo, and Berbice. Signed at London, 12th August, 1815.

Akt. Table.

Preamble.

1. Trade of Dutch Proprietors in Demerara, Essequibo, and Berbice, with

the Netherlands. Nationality of Vessels.

2. Import and Export Duties.

3. Privileges of Dutch Proprietors. Negroes.

4. Foreclosure of Mortgages, &c.

5. Privileges of Dutcli Proprietors.

6. Description of Dutcli Proprietors.

7. Supplies for Mortgaged Estates, &c.

8. Declaration to be made by Proprietors.

9. Double Mortgages.

10. Annual Lists of Proprietors and Estates.

11. Berbice Association.

12. Judicial Decisions, &c.

13. Fairness and Impartiality.

14. Modifications.

15. Operation of Treaty.

16. Ratification.

(English version.)* In the Name of the Most Holy and Undivided Trinity.

His Majesty the King of the United Kingdom of Great Britain and Ireland, and His Majesty the King of the Nether- lands, being equally desirous of promoting and cementing the harmony and good understanding so happily established between the two countries, by carrying into immediate execution that part of the provisions of the 1st Additional Article of the Convention of the 13th of August, 1814 (No. 5), which stipulates that the subjects of nis Majesty the King of the Netherlands, being Pro- prietors in the Colonies of Demerara, Essequibo, and Berbice, shall be at liberty (under certain regulations) to carry on trade between the said settlements and the territories in Europe of His said Majesty, have nominated for their Plenipotentiaries, viz.,

His Majesty the King of the United Kingdom of Great Britain and Ireland, Henry Earl Bathurst, a Member of His Majesty's * For Dutch Version, seo " State Papers," vol. iii, p 386.

296

No. 32J GREAT BRITAIN AND NETHERLANDS. [12 Aug., 1815. [Dutch Proprietors. Demerara, Essequibo, and Berbice.]

Most Honorable Privy Council, and one of his Principal Secre- taries of State ;

And his Majesty the King of the Netherlands, the Sieur Henry Baron Fagel, a Member of the Corps des Nobles of the Province of Holland, and his Ambassador Extraordinary and Plenipotentiary to his Britannic Majesty :

Who, after having communicated to each other their respec- tive Full Powers, found in due and proper form, have agreed to the following Articles :

Trade of Dutch Proprietors with the Netherlands. Nationality of

Vessels.

Art. T. It is hereby agreed for the space of 5 years from the 1st of January, 1816, the aforesaid trade may be carried on in any ships being the property of subjects of His Majesty the King of the Netherlands, wheresoever built, and without any restriction or limitation as to the mariners navigating them : but at the expiration of the said five years, or as much sooner as His Majesty the King of the Netherlands shall think proper, such trade shall be carried on only in such ships as are Dutch built, and whereof the Master and three-fourths of the crew are sub- jects of His Majesty the King of the Netherlands.

Import and Export Duties.

Art. II. His Majesty the King of the Netherlands reserves to himself the liberty of imposing' such duties as he may think fit, upon the importation into the European dominions of his said Majesty, of the produce of the Colonies in cruestion ; and vice versa, with regard to exportation: but the duties to be paid within the Colonies shall be applicable to the Dutch, as well as to the British trade.

Privileges of Dutch Proprietors. Negrots.

Akt. III. The subjects of His Majesty the King of the Netherlands, being Proprietors in the said Colonies, shall be at perfect liberty to go to the said Colonies, and to return, without being subjected in this respect to any delay or difficulty ; or to appoint persons to act for them in the management of the said intercourse, or of their properties in the said Colonies ; subject, however, during their residence there, to the laws and regula- tions of the same.

297

12 Aug. 1815.] GREAT BRITAIN AND NETHERLANDS. [No. 32 [Dutch Proprietors. Demerara, Essequibo, and Berbice,]

They shall also have full liberty to dispose of their Property in any manner in which they may think fit : but it is understood that in regard to Negroes, they are to be subject to the same restrictions as British subjects.

Foreclosure of Mortgages, $c.

Art. IV. In order to protect the Proprietors of Estates in the said Colonies from the ruinous effects of the immediate fore- closure of Mortgages clue to the subjects of His Majesty the King of the Netherlands, it is further agreed, that in all cases in which the proprietor of an estate shall offer to the holder of any mortgage on the said estate, made prior to the 1st of January, 1814 (such mortgagee being a subject of His Majesty the King of the Netherlands), the security hereinafter specified, such mortgagee shall not be at liberty to proceed to the immediate or summary foreclosure of the said mortgage ; it being however understood, that in all cases in which no such security shall be offered by the proprietor, the mortgagee shall retain all those rights as to foreclosure, to which he is at present entitled.

The security in question must provide that the mortgagee shall receive, at the expense of the Proprietor of the estate, a new mortgage for the whole amount of the debt now due to him, including both that part of the original debt which has not been discharged, and the interest which may have accrued upon it up to the 31st December, 1814, inclusive. That this security shall reserve to the mortgagee that priority of claim over other mort- gagees and creditors to which he is entitled under his original mortgage ; that it shall bear an annual interest, beginning from the 1st of January, 1815, at the same rate, and payable in the same manner, as that which was payable under the original mortgage ; and that the whole amount of the new debt shall be payable by eight annual instalments, the first of which is to become payable on the 1st of January, 1820.

The new security shall also afford to the mortgagee all those means of legal redress, in the event of non-payment of the in- terest, or omission to discharge the principal when due, and all those other privileges and advantages to which he would be entitled under his existing mortgage, and shall place him, with respect to the debt for which the new security is given, in the same situation as he stood with respect to his original claim upon the estate, excepting only in what relates to the period at which

208

No. 32] GREAT BRITAIN AND NETHERLANDS. [12 Aug. 1815. [Dutch Proprietors. Demerara, Essequibo, and Berbice.]

the payment may be demanded, so that no later creditor shall derive, from this arrangement, any power to affect the rights of the original creditor, and that no further suspension of payment (surcheance) beyond that herein agreed upon, shall take place without the original creditor's especial consent.

It is further agreed, that in order to entitle the mortgagee to receive the security specified in this Article, he shall, as soon as the said security is duly recorded in the said Colony and delivered to the mortgagee or his agent, in the Colony (the expenses of such record being defrayed by the Proprietors), deliver up to be cancelled the mortgages or bonds originally granted to him, or exhibit legal proof that the said mortgages and bonds have been duly cancelled, and are no longer of any value.

It is further expressly agreed, that, with the exceptions of the modifications specified in this Article, the rights of mortgagees and creditors shall remain intact.

Privileges of Dutch Proprietors.

Abt. V. It is agreed that all Dutch proprietors, acknowledged to be such by the present Convention, shall be entitled to supply their Estates from the Netherlands with the usual articles of supply ; and in return, to export to the Netherlands the produce of the said estates. But that all other importation of goods from the Netherlands into the Colonies, or export of produce from the Colonies to the Netherlands, shall be strictly prohibited ; and it is further agreed, that the exportation of all such articles as may be prohibited to be exported to those Colonies from the British dominions, shall bo also prohibited to be exported from the Netherlands.

Description of Dutch Proprietors.

Art. VI. By Dutch Proprietors are to be understood : —

1st. All subjects of His Majesty the King of the Nether- lands resident in his said Majesty's European dominions, who are at present Proprietors in the said Colonies.

2ndly. All subjects of His said Majesty who may hereafter become possessed of Estates now belonging to Dutch Proprietors therein.

3rdly. All such Proprietors as being now resident in the above Colonies, and being natives of the Netherlands, may (by virtue of Article VIII of the present Convention) declare that they wish to continue to be considered as such ; and

299

12 Aug., 1815.] GREAT BRITAIN AND NETHERLANDS. [No. 32 [Dutch Proprietors. Demerara, Essequibo, and Eerbice.]

4thly. All subjects of His said Majesty who may be the holders of Mortgages ou Estates in the said Colonies, made prior to the date of this Convention, and who may, under their mort- gage deeds, have the right of exporting from the said Colonies to the Netherlands, the produce of the said Estates ; subject, never- theless, to the restrictions specified in Article IX.

Supplies for Mortgaged Estates, 4'C

Art. VII. In all cases where the right of supplying the mortgaged estate with articles of supply, and exporting produce from it to the Netherlands, is not actually secured to the mort- gagee by the mortgage deed, the mortgagee shall be allowed to export from the colony only such quantity of produce as will be sufficient, when estimated at the current prices of the colony, to pay the amount of interest or principal annually due to him and to import into the colony articles of supply in the same propor- tion.

Declaration to be made by Proprietors.

Art. VIII. All Proprietors, subjects to His Majesty the King of the Netherlands, now residing in the above Colonies, must, in order to entitle themselves to the benefit of this Convention, declare, within 3 months after the publication of this Con- vention in the said colonies, whether they wish to be considered

as such.

Double Mortgages.

Art. IX. In all cases where both Dutch and British subjects have Mortgages upon the same property in the said colonies, the quantity of produce to be consigned to the different mortgagees, shall be in proportion to the amount of the debts respectively due to them.

Annual Lists of Proprietors and Estates.

Art. X. In order more easily to carry into effect, and the better to ensure the execution of the provisions of this Conven- tion, it is agreed, that exact and specific Lists shall be made out every year, by order of the King of the Netherlands, containing the names and places of abode of the Proprietors resident in the Netherlands, together with the name and description of the Estate belonging to them respectively, specifying whether the same be a sugar or other plantation, and whether the whole or only part of the Estate belongs to the Proprietor in question : similar Lists

300

No. 32] GREAT BRITAIN AND NETHERLANDS. [12 Aug., 1815. [Dutch Proprietors. Demerara, Essequibo, and Berbice.]

shall also be made out of the existing Mortgages on estates, in as far as these mortgages are held by Dutch subjects, speci- fying the amount of the debt on Mortgage, either actually existing, or to be made out by virtue of the provisions of Article IV.

These lists shall be delivered over to the British Government, and shall be sent to the Colonies in question, in order to make out from them, in conjunction with a list of the Dutch Proprietors resident in the said Colonies, the whole amount of the Dutch population and property on interest in the said Colonies.

Berbice Association.

Art. XI. His Majesty the King of the Netherlands, having represented to His Britannic Majesty that the Company of Dutch Merchants and others (styling themselves the Berbice Associa- tion), have a just claim to certain Estates formerly settled by them in the colony of Berbice, of which they were dispossessed by the Revolutionary Government of Holland, and which, on the capture of the said colony by His Britannic Majesty, were con- sidered as Government property ; his Britannic Majesty engages to restore to the said Berbice Association, within six months after the exchange of the ratifications of the present Convention, the Estates of Dageraad, Danlcbaarheid, Johanna, and Sandvoort, together with all the Negroes and stock now actually employed upon the same ; such restoration to be in full compensation and satisfaction of all claims which the said Association may have, or may pretend to have, against His Britannic Majesty or his sub- jects, on account of any property heretofore belonging to them in the Colony of Berbice.

Judicial Decisions, fyc.

Art. XII. All questions of a private nature, relating to such Property as comes within the operation of this Convention, shall bo decided by competent judicial authority, according to the laws in force in the said colonies.

Fairness and Impartiality.

Art. XIII. His Britannic Majesty engages, that the utmost fairness and impartiality shall be shewn in all matters affecting the rights and interests of Dutch Proprietors.

301

12 Aug. 1815.] GREAT BRITAIN AND NETHERLANDS. [No. 32 [Dutch Proprietors. Demerara, Essequibo, and Berbice.]

Modifications.

Art. XIV. The two High Contracting Parties reserve to themselves the power of making such future modifications in the present Convention as experience may point out to be desirable for the interest of both.

Operation oj Treaty.

Art. XV. Lastly, it is agreed, that the provisions of this Con- vention shall be in force from the date of the exchange of the rati- fications.

Ratifications.

Art. XVI. The present Convention shall be ratified, and the ratifications thereof shall be exchanged in London, within 3 weeks from the date thereof, or sooner, if possible.

In witness whereof the respective Plenipotentiaries have signed it, and affixed thereunto the Seal of their Arms.

Done at London, the 12th of August, in the year of Our Lord 1815.

(L.S.) BATHURST. (L.S.) W. FAGEL.

See Netherlands Decree of 21st December, 1815. " State Papers," vol. iii, p. 770 ; and Acts of the British Parliament, 56 Geo. Ill, c. 91, 26th June, 1816; and 1 Geo. IV, c. 34, 8th July, 1820.

302

No. 33] FEANCE AND SARDINIA. [19 Sept, 1815.

[Territorial.]

No. 33. — TREATY hetween France and Sardinia. Signed at Paris, 19th September, 1815.

Art. Table.

Preamble.

1. Restoration of part of Savoy to Sardinia.

2. Date of Delivery.

3. Ratifications.

Secret Article.

Conditions of Restitution of part of Savoy to Sardinia.

(Translation.)

His Majesty the King of France and Navarre, and His Majesty the King1 of Sardinia wishing-, by the restitution to His said Majesty the King- of Sardinia of the part of Savoy which had been left to France by the Treaty of Paris of the 30th May, 1814 (No. 1), to cause all occasion of disunion and misunder- standing which might arise between them to disappear, have for that purpose appointed as their Plenipotentiaries, namely :

His Majesty the King of France and of Navarre, the Sieur Charles Maurice de Talleyrand-Perigord, Prince de Beiievent, &C. ;

And His Majesty the King of Sardinia, Count Thaon Revel de Pralong, his Minister Plenipotentiary to His Most Christian Majesty, &c. ;

Who, after having exchanged their Full Powers, found to be in good and due form, have agreed upon the following Articles :

Restoration of Part of Savoy to Sardinia.

Art. I. His Majesty the King of France and of Navarre restores to His Majesty the King of Sardinia the part of Savoy which had been left to France by the Treaty of 30th May, 1814 (No. 1).

Date of Delivery.

Art. II. The delivery of the above-mentioned part of Savoy shall take place within 15 days after the Exchange of the Ratifi- cations of the present Treaty.

Ratifications.

Art. III. The present Treaty shall be ratified, and the Ratifi-

303

19 Sept., 1815.] FRANCE AND SARDINIA. [No. 33

[Territorial.]

cations thereof shall be exchanged at Paris within the delay of one month, or sooner, if possible.

In testimony whereof, the respective Plenipotentiaries have signed it and have affixed thereunto the Seal of their Arms.

Done at Paris, 19th September, 1815.

(L.S.) PRINCE DE TALLEYRAND. (L.S.) THAON REVEL.

Secret Article. Conditions of Restitution of Part of Savoy to Sardinia.

Tho restitution of the part of Savoy which had been left to France, stipulated in the Articles of the Treaty of this day, shall take place only under the following conditions :

1st. That His Majesty the King of Sardinia shall not make to any Power whatever any cession which may be considered as an equivalent for the part of Savoy which is restored to him ; so that His said Majesty may enjoy the full benefit of the cession made to him by His Most Christian Majesty.

2nd. That the Possessions of His Majesty the King of Sar- dinia shall remain the same as they were fixed by the Treaty of 30th May, 1814 (No. 1), and by the Arrangements agreed upon by the Congress of Vienna (No. 27).

The present Secret Article shall -have the same force and value as if it were inserted word for word in the Treaty of this day. It shall be ratified and the Ratifications thereof shall be exchanged at the same time.

In testimony whereof the respective Plenipotentiaries have signed it, and have affixed thereto the Seal of their Arms.

Done at Paris, 19th September, 1815.

(L.S.) PRINCE DE TALLEYRAND. (L.S.) TIIAON REVEL.

304

No. 34] PRUSSIA AND SAXE-WEIMAR. [22 Sept., 1815,

[Territorial.]

No. ^.—TERRITORIAL CONVENTION between Prussia and Saxe- Weimar. Signed at Paris, 22nd Sep- tember, 1815.

Art. Table.

1. Cessions made and to be made by Prussia, in conformity with the Treaty

of 1st June, 1815.

2. Cessions to be obtained by Prussia from the Elector of Hesse in favour

of the Grand Duke of Saxe-Weimar.

3. Renunciation made by the Grand Duke of Saxe-Weimar, in consideration

of the Ceded Territories.

4. Exchange of the Villages of Nada and JRmgleben.

5. Cession of certain Rights belonging to the Grand Duke in the Prussian

part of Erfurth.

6. Redemption of the Revenues of Biscliqffsrocle and Prohsleizella.

7. Cession of Rights belonging to the King of Prussia, as Sovereign of

Erfurth, in the Territories of the Grand Duke.

8. Navigation of the Rivers (Instrut and Gera.

9. Right of Passage by certain Military Routes ceded to Prussia.

10. Obligations imposed on Prussia in regard to the ceded parts of the King-

dom of Saxony accepted by the Grand Duke.

11. Surrender of Archives, Distribution of Debts.

12. Engagements in regard to the Grand Duchy of Frankfort on the part of

the Grand Duke of Saxe-Weimar.

13. Commission reciprocally appointed to arrange the stipulations of Articles

X, XI, and XII.

14. Liquidation of the Claims of Weimar of 1805 and 1806.

15. Exchange of Ratifications.

(Translation.*)

His Majesty the King of Prussia, and His Royal Highness the Grand Duke of Saxe- Weimar-Eisenach, reciprocally inclined, in pursuance of the Preliminary Convention of 1st June this year (No. 24), to settle more precisely, and to carry into execution by a special State Treaty, those conditions which were determined at the Congress of Vienna in favour of His Royal Highness the Grand Duke, and of which the fulfilment has been undertaken by His Majesty the King, have therefore appointed Plenipotentiaries to agree to, decide, and sign everything relating to this matter, that is to say :

His Majesty the King of Prussia His State Chancellor Prince von Hardenberg-, Knight of the Royal Prussian Order of the

* For French Translation, see " State Papers," vol. ii, p. 944.

305 x

22 Sept., 1815,1 PRUSSIA AND SAXE-WEIMAB, [No. 34

[Territorial.]

Great Black and Red Eagle, &c. ; arid Charles William, Baron von Humboldt, His Minister of State, Chamberlain, Envoy Extra- ordinary and Minister Plenipotentiary to His Imperial Royal Apostolic Majesty, &c. ; and

llis Royal Highness the Grand Duke of Saxe-Weimar- Eisenach, Ernest Augustus, Baron von Gersdorff, His Acting Privy Councillor in the Ministry ;

Who, after having found their Full Powers in good and proper form, and exchanged them with each other, have agreed to the following Articles:

Cessions made and to be made by Prussia, in conformity with the Treaty of 1st June, 1815.

Art. I. His Majesty the King of Prussia having already, by the Treaty of the 1st of June last (No. 24), ceded to His Royal Highness the Grand Duke of Saxe-Weimar-Eisenach :

1. The Lordship of Blankenhayn, with the exception of the bailiwick of Wandersleben, which remains with Prussia, but in- cluding the detached village of Remssla ;

2. The lower lordship of Kranichfeld ;

3. The former Commanderies of the German Orders of Zwsetzen, Lehesten, and Liebstadt, with the whole of their revenues, so far as they belong to the bailiwick of Eckartsberga, and form enclaves in the Weimar territory, and also all the other districts belonging to the said bailiwick and enclosed in the principality of Weimar ;

4. The bailiwick of Tautenburg, with the exception of the dis- tricts of Droizen, Gorschen, Wethaburg, Wetterscheid, and Woll- schiitz, which remain with Prussia ;

5. The districts of Berlstedt and part of Klein-Brembach, belonging to Schloss-Vippach, in the Erfurth territory;

He adds to these cessions the following :

6. The Neustadt Circle, belonging to His Duchy of Saxony, within the boundaries existing at the time of the signature of the present Treaty, but with the exception of all that which lies to the west and south of a line which cuts through the said circle from that of Saalfield up to the Russian frontier, in such wise that the districts of Rohmen, Dabritz, Grabengereut, Laaske, Posen, Keule, Tausa, Schondorf, and Volkmannsdorf, with their lands, come to Weimar; and the districts of Podelwitz, Gerte- witz, Seebach, Behren, Schmorda, Moxa, Passka, Culmla, Ziegen- liick, and Esbach, likewise witli their lands, remain with Prussia.

30G

No. 34] PRUSSIA AND SAXE-WEIMAR. [22 Sept., 1815.

[Territorial.]

7. The following detached districts, adjoining or in the neigh- bourhood of the Weimar territory, all with their lands :

a. Lockstadt, belonging to the bailiwick of Naumburg ;

b. Damstadt, belonging to the bailiwick of Pforta ;

c. Widdersrode, Nieder-Trebra, Ober-Reufsen, Nirmsdorf, Redersdorf, Ellersleben, Klein-Neuhaussen, Gross-Neuhaussen, and Oelisshaussen, of the bailiwick of Eckartsberga ;

d. Essleben, likewise of the bailiwick of Eckartsberga, of which Weimar already possesses the territorial property under the sovereignty of Prussia ;

e. Willerstadt, belonging to the bailiwick of Wendelstein ; /. Krannichborn, of the bailiwick of Weisensee.

8. The following bailiwicks and districts of the Erfurth terri- tory :

a. Schloss-Vippach ;

b. The villages of Stotternheim and Schwerborn, of the Gis- porsleben bailiwick ;

c. The bailiwick of Atzmannsdorf ;

d. The bailiwick of Danndorf, with the districts of Isserode and TIainichen attached thereto.

9. The cantons or circuits of Dermbach and Geisa, belonging to the Fulda department of the former Grand Duchy of Frankfort, within their present boundaries, according to the last territorial division.

His Majesty the King of Prussia renounces for himself, his posterity, and successors, the above-mentioned districts and places to be ceded, which will for the future be possessed by His Royal Highness the Grand Duke of Saxe- Weimar-Eisenach, with all supreme and sovereign rights, and others appertaining thereto. As the transfer of the Cessions Nos. 1 to 5 has already taken place, the additional ones in Nos. 6, 7, 8, and 9 shall be trans- ferred within 4 weeks from the signature of this Treaty, or before if possible.

Cessions to be obtained by Prussia from the Elector of Hesse in favour of the Grand Duke of Saxe- Weimar.

Art. II. His Majesty the King of Prussia moreover under- takes to obtain from His Royal Highness the Elector of Hesse the cession of the following Districts and localities, in favour of His Royal Highness the Grand Duke of Saxe- Weimar-Eisenach, namely : —

3()7 x 2

22 Sept., 1815.1 PRUSSIA AND SAXE-WEIMAE. rN0i 31

[Territorial.]

a. The bailiwick of Frauensee, including Gosperoda ;

b. The domain of Volkershausen ;

c. The domain of Lengsfeld ;

d. The bailiwick of Vacha, including the town of Vacha with the prefecture of Kreuzberg, but excluding the districts of Kreuz- berg, Philippsthal, Thalhausen, Nippe, Ilillartshausen, Rbhrich, and Neuroda;

e. The districts of Dippech, Gesterode, Vitzerode, and Abte- rode, of the Friedewald bailiwick ;

/. The village of Wenigentaft.

His Royal Highness the Elector of Hesse will transfer the same to His Royal Highness the Grand Duke of Saxe-Weimar- Eisenach for everlasting and irrevocable possession, with all the supreme, sovereign, feudal, domanial and other rights which he, the Elector, possessed therein, or as appertaining thereto, on the 1st jf August last, and the transfer shall take place as soon as possible, and within six weeks at latest.

Renunciation made by the Grand Duke of Saxe-Weimar, in con- sideration of the ceded territories.

Art. III. His Royal Highness the Grand Duke of Saxe-Wei- mar-Eisenach, on the other hand, declares himself entirely satisfied

with the above mentioned districts and places falling to his share according to Articles I and II, for the increase of 50,000 inhabitants awarded to him in accordance with the Resolutions of the Congress of Vienna (No. 27), and which His Majesty the King of Prussia undertook to assign to him, and with another population of 27,000 inhabitants to be granted to him from the former department of Fulda. He engages for his posterity and successors, after having received the districts and places falling to his share according to Articles I and II of the present Treaty, never to make any further claim upon His Majesty the King of Prussia on account of the aforesaid increase of 77,000 inhabitants altogether, nor upon any possessor of a share of the department of Fulda.

Exchange of the Villages of Ncida and Ringleben.

Art. IV. As it has been agreed to exchange the Villages of Nada and Ringleben with their lands and all the rights and revenues appertaining thereto, His Majesty the King resigns the first, and His Royal Highness the Grand Duke the second, recipro-

308

No. 34] PRUSSIA AND SAXE-WEIMAR. [22 Sept., 1815.

[Territorial.]

cally, and the exchange shall take place within 4 weeks, or sooner if possible.

Cession of certain Rights belonging to the Grand Duke, in the Prussian part of Erfurth.

Art. V. His Royal Highness the Grand Duke cedes to His Majesty the King- all rights which he, the Grand Duke, may here- t ofore have exercised or asserted in the part of the territory and town of Erfurth, which, after the execution of the present Treaty, is to remain with Prussia.

This cession does not, however, include the Toll which His Royal Highness the Grand Duke levies in the town and territory of Erfurth.

But His Royal Highness undertakes to give up this Toll also to Prussia b}r a special Convention to be concluded, on receiving full compensation.

Redemption of the Revenues of Bischoffsrode and Probsieitella.

Art. VI. The manorial revenues of the districts of Bischoffs- rode and Probsteizella, already under the Sovereignty of Weimar, and situated in the department of the Eisenach bailiwick, which districts were ceded by Prussia to Weimar by the Treaty of 1st June last (No. 24), shall be taken into account in the redemption of the Toll above reserved.

Cession of Rights belonging to the King of Prussia, as Sovereign of Erfurth, in the territories of the Grand Duke.

Art. VII. His Majesty the King of Prussia cedes to His Ro}7al Highness the Grand Duke of Saxe-Weimar-Eisenach, in return for the provision in Article V in like manner, all rights which he, in the capacity of Sovereign of the town and territory of Erfurth, ma}- have hitherto exercised or asserted in the Grand Ducal Weimar-Eisenach territories as they will exist after the execution of this Treaty.

Navigation of the Rivers Unstrut and Gera.

Art. VIII. His Royal Highness the Grand Duke of Saxe- Weimar-Eisenach engages to allow Prussia, if she should deem it for her interest, to make the Unstrut and Gera navigable or floatable also so far as they flow in his territory. He will not burden the navigation and floatage on those waters with any tolls and

309

22 Sept., 1815.] PRUSSIA AND SAXE- WEIMAR. [No. 34

[Territorial.]

taxes, nor will he place any obstacles in the way of their use

by Prussian subjects.

Eight of Passage by certain Military Routes ceded to Prussia.

Art. IX. His Highness the Grand Duke undertakes to grant to the Prussian Monarchy the use of the folloAving Military Roads in time of war and peace : —

1. Along the great Frankfort causeway from Leipsig by Weimar and Erfurth to Eisenach, from whence the transport will be either by Berka to Hersfeld, or by Vach to Fulda, as is to be arranged by a further Convention ;

2. From Prussian Thuringia by Buttstadt to Erfurth ;

3. From Gera by Amua to Schleitz and Gefall ;

4. A Road to be hereafter definitely arranged from the Prussian territory into that part of the Neustadt Circle, Avhich is not ceded to Weimar by the present Treaty.

The rights appertaining to Prussia on all these Military Roads, as well as the reciprocal engagements connected therewith, shall be determined in the same manner as has been done for the Mili- tary Roads passing through the kingdom of Hanover (No. 21), between the Prussian and Hanoverian Governments.

Obligations imposed, on Prussia, in regard to the ceded parts of the Kingdom of Saxony, accepted by the Grand Duke.

Art. X. As His Royal Highness the Grand Duke of Saxe- Weimar-Eisenach receives districts and portions of territory which have been transferred from the kingdom of Saxony to the Prus- sian Monarchy, His Royal Highness acquires all the rights ceded to Prussia with those districts, and undertakes all the engagements undertaken by Prussia in regard thereto, in so far as they, by the present Treaty, and that of the 1st of June last, relate or are applicable to the Saxon districts ceded to Weimar.

His Royal Highness therefore acknowledges, in respect to tin- said territory, all the stipulations as valid for himself which are contained in the Treaty concluded between Saxony and Prussia on the 13th of May, 1815 (No. 16), and especially those in Articles VI, VII, IX, X, XI, and XVIII, in regard to the Archives, debts, Exchequer bills, central tax, pensions, Exchequer balances, eccle- siastical foundations, and other similar matters, or those which are still to be determined by the Commission to be appointed in ac- cordance with Article XIV of the said Treaty, His Royal Highness

310

No. 34J PBUSSIA AND SAXE-WEIMAR, L22 Sept., 1815.

[Territorial.]

undertakes all the engagements arising therefrom, and His Majesty the King of Prussia gives up to him all the rights connected there- with. In special regard to the Neustadt circle divided between Prussia and Weimar by the present Treaty, all the burdens and advantages thereby appertaining to the whole Circle will be divided between the two shares according to the principles adopted in the cessions made by Saxony to Prussia, and the same is applicable to the ceded portions of separate bailiwicks of other Circles.

Surrender of Archives, Distribution of Debts.

Aut. XL All Documents and Papers which exclusively relate to the districts and places formerly bel -nging to Erfurtli and now ceded to Weimar, will be delivered up to the Grand Ducal Weimar Government within three months from the date of the signature of this Treaty, and attested copies of such documents as relate not exclusively but partially to the said districts will be furnished ou demand.

In regard to the Debts and burdens, His Royal Highness undertakes not only those specially incumbent on the ceded districts, but also a share of the general debts and burdens of the whole province, to be determined according to the analogy of the principles mentioned in the preceding Article. Those principles are also to serve as a guide in all other matters which it is neces- saiy to arrange in consequence of the present cession.

Engagements in regard to the Grand Duchy of Frankfort, on the

part of the Grand Duke of Saxe- Weimar.

Art. XII. His Royal Highness the Grand Duke of Saxe- Weimar-Eisenach will, in consequence of the obligation under- taken in the Treaty of 1st June last (No. 24), undertake the obligations attached to the former Grand Duchy of Frankfort and appertaining to the new possessors of shares thereof, according to the proportion of the 27,000 inhabitants in Fulda, originally awarded to him. The same principle is to be applied to the special obligations of the Department of Fulda. On the other hand, the districts of Electoral Hesse allotted to him according to Article II, will pass over to him free from debt.

Commission reciprocally appointed to Arrange the Stipulations of

Articles AT, XI, and XII.

Art. XIII. The arrangement of the stipulations contained in

311

22 Sept., 1815.] PRUSSIA AND SAXE-WEIMAR, [No. 34

[Territorial.]

Articles X, XI, XII, is to be made by a Commission to be appointed by both Parties, and which will assemble at Weimar immediately after the territorial transfer, in order to complete the work in the shortest possible time.

Liquidation of the Claims of Weimar of 1805 and 1806.

Art. XIY. His Majesty the King of Prussia will also have the liquidation of the Weimar claims for maintenance of troops in the years 1805 and 180G, brought forward again, and direct the settlement thereof, according to circumstances.

Exchange of Ratifi cations.

Art. XV. The present Treaty shall be ratified, and the Ratifi- cations shall be exchanged within 6 weeks from the signature thereof.

In witness whereof, the respective Plenipotentiaries have signed it, and affixed to it the Seal of their Arms.

Done at Paris, 22nd September, 1815.

(L.S.) CHARLES PRINCE V. HARDENBERG. (L.S.) WILLIAM BARON V. HUMBOLDT. (L.S.) ERNEST AUGUSTUS BARON V. GERSDORFF.

312

No. 35] HANOVER AND PRUSSIA. [23 Sept., 1815.

[County of Sehaumburg-, Lauenburg", &c]

NO. 35.— TERRITORIAL TREATY between Hanover and Prussia. Signed at Paris, 23rd September, 1815.

Art. Table.

1. Cession of Lindait, Gieboldshausen, and Duderstadt by Prussia to Hanover.

2. Elbingerode, Neuhaus, &c, to be retained by Hanover.

3. Commission for the Valuation of the Exchanges.

4. Renunciation by Hanover h\ regard to Sehaumburg.

5. Renunciation by Prussia of certain Hessian Inclosures in favour of Hanover.

6. Fulfilment of the Stipulations of the Treaty of 29th May with regard to

Lauenburg.

7. Articles VII and VIII of the Treaty of 29th May applied to the places

ceded in this Treaty.

8. Exchange of Ratifications.

(Translation.) In the name of the Most Holy and Indivisible Trinity.

His Majesty the King' of the United Kingdom of Great Britain and Ireland, King of Hanover, and His Majesty the King of Prussia, being mutually disposed, in pursuance of the State Treaty concluded between them at Vienna on the 29th May of the current year (No. 21), to determine the compensation which is due to the Kingdom of Hanover according to Article III of the said Treaty for the Electoral Hessian share of the County of Sehaumburg, the cession of which it has not been possible to obtain from His Royal Highness the Elector of Hesse, have appointed Plenipotentiaries to arrange and to sign with each other everything relating to this matter ; namely,

His Majesty the King of the United Kingdom of Great Britain and Ireland, King of Hanover, Count Ernest Christian George Augustus von Hardenberg, His State and Cabinet Minis- ter, also Envoy Extraordinary and Minister Plenipotentiary at the High Allied Courts, &c. ; and

His Majesty the King of Prussia, His State Chancellor, Prince von Hardenberg, &c,

Who, after having reciprocally found their Full Powers in good form and exchanged them with each other, have agreed to the following Articles : —

'O

Cession of Lindau, Gieboldshausen, and Duderstadt by Prussia to

Hanover.

Art. I. His Majesty the King of Prussia cedes to His Majesty

313

23 Sept,, 1815.] HANOVER AND PRUSSIA. [No. 35

[County of Schaumburg-, Lauenburg, &c]

the King- of the United Kingdom of Great Britain and Ireland, King of Hanover, to be possessed by him and his successors in the Kingdom of Hanover, as his and their property, and with full supremacy and Sovereignty, the bailiwicks of Lindau and Giebolds- hausen, hitherto belonging to Eichsfeld, and the territory of Du- derstadt, also hitherto belonging to the same, all to the extent of the boundaries shown on the special Map of Eichsfeld, by J. G. Lingemann, published at Weimar in 1806.

His Royal Majesty of Prussia renounces for himself, his de- scendants, and successors the above-mentioned districts hitherto belonging to Eichsfeld, and all rights appertaining thereto, and will issue orders that they shall, as soon as possible, and at the latent within 4 weeks from the signing of the present State Treaty, be delivered over to His Royal Majesty of Great Britain and Hanover.

Elbingerode, Meuhauss, cj-c, to be retained by Hanover. Art. II. His Majesty the King of Prussia, moreover, renounces for himself, his descendants, and successors the right accruing to him by the State-Treaty of the 29th of May, of the present year 1815 (No. 21), mentioned at the beginning-, to the acquisition and the hereditary and proprietary possession—

a. Of the bailiwick of Elbingerode ;

b. And of the bailiwick of Neuhauss, belonging to the Duchy of Lauenburg, together with the Luneburg districts and lands en- closed between the said bailiwick and the Mecklenburg territory, and situated on the light bank of the Elbe.

The above-mentioned districts will still belong to the Kingdom of Hanover, as heretofore.

Commission fur the Valuation of the Exchanges. Art. III. The districts which, according to Article I, are to be delivered over to the Kingdom of Hanover, and those which, according to Article II are to remain therewith, are intended to serve as a compensation to His Royal British and Hanoverian Majesty for the Electoral Hessian share of the Coimty of Schaum- burg, the cession of which it has not been possible to obtain. As, however, there is no doubt that this compensation must have reference to the revenue from the said part of Schaumburg', and it has not been possible to show the sufficiency thereof at the time of conclusion of the present State-Treaty, both Powers have agreed to appoint ('ommissioners at the time of the transfer of

014

No. 35] HANOVER AND PRUSSIA. [23 Sept., 1815.

[County of Schaumburg:, Lauenburg-, &c]

the districts to be ceded, who shall meet at Hanover and proceed uninterruptedly to make, as soon as possible, a satisfactory com- parison between the revenues from the Electoral Hessian share of the Comity of Schaumburg and the revenues from the districts mentioned in Articles I and II of the present Treaty. Should this comparison show that the revenues from the districts men- tioned in Articles I and II do not afford a complete compensation for the revenues from the Electoral Hessian share of the County of Schaumburg", then both Parties will, without delay, agree as to how the completion of the compensation, which in this case will be the duty of Prussia, shall be effected.

Renunciation by Hanover in regard to Schaumburg. Art. IV. His Majesty the King of the United Kingdom of Great Britain and Ireland, King of Hanover, makes Renunciation for himself and his descendants and his successors, in consideration of the compensation stipulated above in Articles I, II, and III, of the right accruing to him from the State-Treaty of the 29th of May of the present year 1815, mentioned at the beginning, to the hereditary and proprietary possession of the Electoral -Hessian share of the County of Schaumburg, and promises, after the com- plete accomplishment of the said compensation, never to make any claim whatever on that account against His Majesty the King of Prussia by reason of the above-mentioned Treaty.

Renunciation of certain Hessian Inclosures by Prussia in favour of

Hanover.

Art. V. As His Royal Highness the Elector of Hesse, and His Serene Highness the Landgrave of Hesse-Rothenburg, having consented to cede to Prussia the Lordship of Plessen, with the Monastery of Hockelheim, as well as Neuengleichen, and the baili- wicks of Uechte, Freudenberg, and Auburg-, which last has also been called Wagenfeld, with all the respective supreme, sovereign, feudal, domanial, and other rights belonging to their Royal and Serene Highnesses, or which they have hitherto possessed as appurtenances thereof; and to transfer them within 4. weeks from the Ratification of the Treaty relating- thereto, His Majesty the King of Prussia hereby engages to assign the above-mentioned districts, in accordance with the State-Treaty of the 29th of May of the present year (No. 21), to the Kingdom of Hanover, imme- diately upon their transfer by the two Hessian Houses, and just as he has received them.

315

23 Sept., 1815.] HAXOYER AND PRUSSIA. [No. 35

[County of Schaumburg1, Lauenburg1, &c]

Fulfilment of the Stipulations of the Treaty of 29th May with regard

to Lauenburg.

Art. VI. His Majesty the King- of the United Kingdom of Great Britain and Ireland, King' of Hanover, declares the condi- tions upon which the transfer of the part of the Duchy of Lauen- burg, situated on the right bank of the Elbe, and the Lauen- burg districts and lands also situated on the right bank of the Elbe, were made dependent in the State-Treaty of 29th May of this year (No. 21), to be fulfilled by the stipulations in Articles I, II,. Ill, and V of the present Treaty, and hereby engages to have the said part of the Duchy of Lauenburg and the Lauenburg districts and lands situated on the right bank of the Elbe, but with the exception of the district which, according to the above Article II, is to remain with Hanover, delivered over, without further demur, at the same time as the transfer of the Eichsfeld and Hessian dis- tricts, and to issue immediate orders to his authorities for that purpose.

Articles VII and VIII of the Treaty of 29th May applied to the places Ceded in this Treaty.

Art. VII. Articles VII and VIII of the Treaty of the 29th of May of the present year 1815 (No. 21), mentioned at the begin- ning, are also applicable to all Districts which, according to the present State-Treaty, serve as compensation for the Electoral- Hessian part of the County of Schaumburg.

Exchange of the Iiatifccdions.

Art. VIIL The present State-Treaty shall be ratified, and the Ratifications thereof shall be exchanged within four weeks, or before if it may be.

In witness whereof the respective Plenipotentiaries have signed it and sealed it with their arms.

Done at Paris, the 23rd of September, 1815.

(L.S.) ERNEST, COUNT VON HARDEN BERG. (L.S.) CHARLES, PRINCE VON IIARDENBERG.

31G

No. 33] AUSTRIA, PRUSSIA, AND RUSSIA. [28 Sept., 1815.

[Holy Alliance.]

No. 38. — THE A TY between Austria, Prifissia, and Russia.

Signed at Paris, 4-f^/i September, 1815.

Aet. Table.

Preamble.

Holy Alliance of Sovereigns of Austria, Prussia, and Russia. Government and Political Relations.

1. Principles of the Christian Religion.

2. Fraternity and Affection.

3. Accession of Foreign Powers.

Invitation to Prince Regent of Great Britain, to accede. His Royal Highness's Reply.

(Translation.*)

In the name of the Most Holy and Indivisible Trinity.

Holy Alliance of Sovereigns of Austria, Prussia, and Russia.

Their Majesties the Emperor of Austria, the King' of Prussia, and the Emperor of Russia, having-, in consequence of the great events which have marked the course of the three last years in Europe, and especially of the blessings which it has pleased Divine Providence to shower down upon those States which place their confidence and their hope on it alone, acquired the intimate conviction of the necessity of settling the steps to be observed by the Powers, in their reciprocal relations, upon the sublime truths which the Holy Religion of our Saviour teaches ;

Government and Political Relations.

They solemnly declare that the present Act has no other ob- ject than to publish, in the face of the whole world, their fixed resolution, both in the administration of their respective States, and in their political relations with every other Government, to take for their sole guide the precepts of that Holy Religion, namely, the precepts of Justice, Christian Charity, and Peace, which, far from being applicable only to private concerns, must have an immediate influence on the councils of Princes, and guide all their steps, as being the only means of consolidating human institutions and remedying their imperfections. In consequence, their Majesties have agreed on the following Articles : —

* For French version, see " State Papers," vol. iii, p, 211.

317

26 Sept., 1815.] AUSTRIA, PRUSSIA, AND RUSSIA. [No. 36

[Holy Alliance.]

Principles of the Christian Religion.

Art. I. Conformably to the words of the Holy Scripture.1?, which command all men to consider each other as brethren, the Three contracting- Monarchs will remain united by the bonds of a true and indissoluble fraternity, and considering- each other as fellow countrymen, they will, on all occasions and in all places, lend each other aid and assistance ; and, regarding themselves towards their subjects and armies as fathers of families, they will lead them, in the same spirit of fraternity with which they are animated, to protect Religion, Peace, and Justice.

Fraternity and Affection.

Art. II. In consequence, the sole principle of force, whether between the said Governments or between their Subjects, shall be that of doing each other reciprocal service, and of testifying by unalterable good will the mutual affection with which they ought to be animated, to consider themselves all as members of one and the same Christian nation ; the three allied Princes looking on themselves as merely delegated by Providence to govern three branches of the One family, namely, Austria, Prussia, and Russia, thus confessing that the Christian world, of which they and their people form a part, has in reality no other Sovereign than Him to whom alone power really belongs, because in Him alone are found all the treasures of love, science, and infinite wisdom, that is to say, God, our Divine Saviour, the Word of the Most High, the Word of Life. Their Majesties consequently re- commend to their people, with the most tender solicitude, as the sole means of enjoying that Peace which arises from a good conscience, and which alone is durable, to strengthen themselves every day more and more in the principles and exercise of the duties which the Divine Saviour has taught to mankind.

Accession of Foreign Powers.

Art. III. All the Powers who shall choose solemnly to avow the sacred principles which have dictated the present Act, and shall acknowledge how important it is for the happiness of nations, too long agitated, that these truths should henceforth exercise over the destinies of mankind all the influence which belongs to them, will be received with equal ardour and affection into this Holy Alliance.

318

No. 36] AUSTRIA, PRUSSIA, AND RUSSIA. [26 Sept., 1815.

[Holy Alliance.]

Done iu triplicate, and signed at Paris, the year of Grace 1815, i|th September.

(L.S.) FRANCIS.

(L.S.) FREDERICK WILLIAM.

(L.S.) ALEXANDER,

[It is stated in " Martens' Treaties " that the greater part of the Christian Powers acceded to this Treaty. France acceded to it in 1815; the Netherlands and Wurtemberg did so in 1816; and Saxony, Switzerland, and the Hanse Towns in 1817. But neither the Pope nor the Sultan were invited to accede.]

The following is a copy of the Invitation sent to the Prince Regent of Great Britain to accede; and of His Royal Ilighness's reply.

(1.) — The Sovereigns of Austria, Prussia, and Russia to the Prince

Eer/ent of Great Britain.

(Translation.) Paris, 26th September, 1815.

Sir our Brother and Cousin,

The events which have afflicted the world for more than 20 years have convinced us that the only means of putting an end to them is to be found iu the most free and most intimate Union between the Sovereigns whom Divine Providence has placed over the heads of the Peoples of Europe.

The history of the three memorable years which are about {o pass away, bear witness to the beneficial effects of which this union has been for the good of mankind ; but in order to assure to this bond the solidity which the grandeur and the purity of the aim to which it tends imperiously demands, we have thought it should be founded on the sacred principles of the Christian Religion.

Deeply convinced of this important truth, we have concluded and signed the Act which we now submit to the consideration of your Royal Highness. Your Royal Highness may be assured that its object is to strengthen the relations which uuite us, in forming of all the nations of Christendom one single Famity, and assuring them by this, under the protection of the Almighty, happiness, security, the benefits of peace, and the bonds of fraternity for ever indissoluble. We deeply regretted that your Royal Highness was not united with us at the important moment when we concluded this transaction. We invite you, as our first and most intimate Ally, to ngree with it, and to complete a work

319

26 Sept., 1815.] AUSTRIA, PRUSSIA, AND RUSSIA. [No. 36

[Holy Alliance.]

singularly consecrated to the good of mankind, and which we

ought to consider the best reward for our efforts.

FRANCIS.

FREDERICK WILLIAM. ALEXANDER. Our Brother and Cousin,

The Prince Regent of Great Britain.

(2.) — The Prince Regent of Great Britain to the Sovereigns of

Austria, Prussia, and Russia, respectively.

Carlton House, 6th October, 1815. Sir my Brother and Cousin,

I have had the honour of receiving your Imperial Majesty's letter, together with the copy of the Treaty signed by your Majesty and your august Allies, at Paris, on the 26th of September.

As the forms of the British Constitution, which I am called upon to administer in the name and on the behalf of the King, my father, preclude me from acceding formally to this Treaty, in the shape in which it has been presented to me, I adopt this course of conveying to the august Sovereigns who have signed it, my entire concurrence in the principles they have laid down, and in the declaration which they have set forth, of making the Divine Precepts of the Christian Religion the invariable rule of their conduct, in all their relations, social and political, and of cementing the union which ought ever to subsist between all Christian Nations ; and it will be always my earnest endeavour to regulate my conduct, in the station in which Divine Providence has vouchsafed to place me, by these sacred maxims, and to co-operate with my august Allies in all measures which may be likebv to contribute to the peace and happiness of mankind.

With the most invariable sentiments of friendship and affection,

I am,

Sir, my Brother and Cousin, Your Imperial Majesty's good Brother and Cousin,

His Imperial Majesty GEORGE, P.R.

The Emperor of Austria. [Prussia and Russia respectively.')

[This Alliance was referred to in the Circular addressed by Austria, Prussia, and Russia to Foreign Courts, dated Troppau, 8th December, 1820.]

320

No. 37] PEUSSIA AND HESSE-CASSEL. [16 Oct., 1815.

[Territorial.]

NO. 37.— TERRITORIAL TREATY between Prussia and Hesse- Cassel. Signed at Cassel, 16//t October, 1815.*

Aet. Table.

Preamble. Eeference to Vienna Congress Treaty of 9th June, 1815.

1. Cessions by Prussia to Hesse- Cassel.

2. Cessions by Hesse- Cassel to Prussia and Sa.ve- Weimar- Eisenach.

3. Prussian Indemnity to the Landgrave of Hesse-Pothenburg '.

4. Indemnities to the Landgrave of Hesse-Pothenburg and to the Elector of

Hesse.

5. Stipulations in regard to the Cessions by Hesse- Cassel to Saxe-Weimar-

Eisenach.

6. The Elector of Hesse resumes possession of Lengsfeld, &c.

7. Prussian Indemnities of a Part of the Department of Fulda.

8. Liquidation of the Indemnities. Contributions.

9. Costs of the Central Functionaries.

10. Ehine Tolls.

11. Postal Revenues.

12. Feudal Eights.

13. Mortgaged Debts.

14. Unliquidated Debts.

15. Arrears of Interest.

16. Eents and Pensions.

17. Communal Debts and Charges.

18. Restitution of the four Bailiwicks of Hanau to the Elector of Hesse.

19. Indemnity to the Landgrave of Hesse-Pothenburg for the Domanial

Eevenue.

20. Mode of this Indemnification.

21. Possessions of which the Eevenue will furnish the Indemnity to the

Landgrave of Hesse-Pothenburg .

22. Mode of Possessing the Indemnity.

23. Execution of the Convention.

24. Civil Functionaries in Office.

25. Validity of the Arrangements made before the 1st of August.

26. Cession of the Arrears of Taxes to the new Possessors.

27. Transfer of the Military to the new Sovereign.

28. Military Eoutes for Prussia.

29. Guarantee by Prussia in favour of the Elector of Hesse and the Grand

Duke of Saxe-Weimar.

30. Exchange of Eatifications.

(Translation.)

Preamble. Reference to Vienna Congress Treaty of 9th June, 1815.

In the name of the Most Holy and Indivisible Trinity.

His Majesty the King of Prussia and His Royal Highness

the Elector of Hesse, on both sides inclined to facilitate the

* Ree also Treaty of 24th March, 1816.

321 y

16 Oct., 1815.1 PRUSSIA AND HESSE-CASSEL. [No. 37

[Territorial.]

arrangements in North Germany, found to be necessary in con- sequence of the transactions of the Vienna Congress (No. 27), by a friendly Convention on the appropriate territorial changes, have appointed Plenipotentiaries to agree to, determine, and sign what has reference thereto, that is to say :

His Majesty the King of Prussia, President Conrad Sieg- mund Karl von Ilanlein, his Envoy Extraordinary and Minister Plenipotentiary at the Hessian and Nassau Courts, Knight of the Royal Prussian Order of the Red Eagle and of the Iron Cross, as also of the Hesse-Cassel Order of the Golden Lion ;

And His Royal Highness the Elector of Hesse, Georg Ferdi- nand von Lepel, his Privy Councillor and Chamberlain ;

Who, after having reciprocally exchanged their full powers with each other, and found them in good and due form, have agreed upon the following Articles :

Cessions by Prussia to Hesse-Cassel.

Art. I. His Majesty the King of Prussia cedes to His Royal Highness the Elector of Hesse that part of the Department of Fulda which belonged to the former Grand Duchy of Frankfort, and which has been assigned to him by the Act of the Congress of Vienna (No. 27), with the exception, however, of the districts of Dermbach and Geysa, which, with their boundaries according to the existing territorial division, pass over to the Grand Duke of Saxe-Weimar-Eisenach. His Majesty also transfers to His Royal Highness the Elector, the Knightly Jurisdictions of Lengsfeld, Mannsbach, Buchenau, and Werda, with the village of Wenigen- taft, the possession of which he likewise obtains by the said Act of Congress. His Royal Highness the Elector of Hesse will have possession of the aforesaid provinces, districts, and places, for himself, his descendants, and successors, with all sovereign, supreme, feudal, domanial, and other rights which have been conveyed to His Majesty the King of Prussia for this purpose by the Act of the Congress of Vienna.

Cessions by Hesse-Cassel to Prussia and Saxe-Weimar-Eisenach.*

Art. II. His Royal Highness the Elector of Hesse, on the other hand, cedes to His Majesty the King of Prussia, his descendants, and successors, the Lower County of Catzeneln- bogen, the Lordship of Plessen, including the Monasteiy of Hockelheim, the Bailiwicks of Neuengleichen, Uechte, Auburg,

* See also Art, VI.

No. 37] PRUSSIA AND HESSE-CASSEL. [16 Oct., 1815.

[Territorial.]

and Freudenberg, and the Provostship of GollMgen, with all sovereign, supreme, feudal, domanial, and other rights, which His Highness possessed therein, or as appertaining thereto, on the 1st of August this year. In exactly the same manner, he cedes to His Royal Highness the Grand Duke of Saxe-Weimar- Eisenach, his descendants and successors, the Bailiwick of Frauensee, including Gosperoda, the Jurisdiction of Volkershausen, the Jurisdiction of Lengsfeld, the Bailiwick of Vacha, including the town of Vacha, with the Prefecture of Kreuzberg, but except- ing the districts of Kreuzberg, Philippsthal, Thalhausen, Nippen, Hillartshausen, Rohrich, and Unter-Neurode ; of the Bailiwick of Friedewald, the districts of Dippach, Gesterode, Vitzerode, and Abtarode, and the village of Wenigentaft.

Prussian Indemnity to the Landgrave of Hesse-Rothenburg .

Art. III. His Royal Highness the Elector of Hesse agrees, that His Majesty the King of Prussia may, by a free Convention with the Landgrave of Hesse-Rothenburg,* obtain the everlasting and irrevocable free property in all those rights and emoluments which he may have possessed on the 1st of August this year by virtue of the family Treaties, in the possessions or their appurte- nances to be transferred to him according to the preceding Article. His Majesty the King of Prussia, on the other hand, undertakes the full guarantee that on the part of the Landgrave of Hesse-Rothenburg no objection shall be raised against the cession agreed to by His Royal Highness the Elector, accord- ing to the preceding Article.

Art. IV. Indemnities to the Landgrave of Hesse-Rothenburg and to the Elector of Hesse for loss of Revenue.

Stipulations in regard to the Cessions by Hesse-Cassel to Saxe-

Weimar-Eisenach.

Art. V. The cession to Saxe-Weimar-Eisenach described in Article II is to be considered as an exchange of equal popu- lation for equal population founded upon equal reciprocal necessity. His Royal Highness the Elector will therefore select the like number of people in the Fulda districts situated next to the Weimar territory, as full compensation for that cession,

* See also Treaty between Prussia and Hesse-Rothenburg, of the same date. Appendix.

P.23 Y 2

16 Oct., 1815.1 PRUSSIA AND HESSE-CASSEL. [No. 37

[Territorial.]

and no account is to be taken of loss of revenue in regard thereto. His Koyal Highness the Grand Duke will contribute in the same proportion to all obligations resting upon the whole former Grand Duchy of Frankfort, as well as upon its department of Fulda specially, and which are transferred to the present or future possessors of territorial shares belonging thereto, as if he had actually received in Fulda the whole of the 27,000 inhabitants assigned to him by the Act of Con- gress. On the other hand, His Koyal Highness the Elector will only take part in those obligations to such extent as if he were merely possessor of that part of the district of Fulda assigned to Prussia which would remain after the deduction of the said 27,000 inhabitants.

The Elector of Hesse resumes Possession of Lengsfeld, §c.

Art. VI. The Knightly Jurisdictions of Lengsfeld, Manns- bach, Buchenau, and Werda, with the village of Wenigentaft, have only passed out of the possession of Hesse-Cassel again in consequence of the troubles of war. • The re-possession of them shall therefore be considered as a simple restitution, and there- fore the revenue from them is not to be reckoned as a compensa- tion for cessions made by Hesse-Cassel according to Article II.

Prussioi) Indemnities to consist of a Part, of the Department of

Fulda.

Art. VII. The indemnity assigned by Prussia to Hesse- Cassel and Ilesse-Rothenburg for the cessions to be made to her according to Articles II and III consists, therefore, of that part of the district of the department of Fulda ceded to Hesse-Cassel according to Article I which remains after the deduction of the compensation for the cession to Weimar according to Article V.

Art. VIII. Liquidation of the Indemnities. Contributions.

Art. IX. Costs of the Central Functionaries.

Art. X. Rhine Tolls.

Art. XL Postal Revenues.

Art. XII. Feudal Rights.

Ak." XIII. Mortgaged Debts.

Art XIV. Unliquidated Debts.

Art. XV. Arrears of Interest.

Art. XVI. Rents and Pensions.

Art. XVTT. Communal Debts and Charges.

:V24

No. 37] PRUSSIA AND HESSE-CASSEL. [16 Oct., 1815 .

[Territorial.]

Restitution of the Four Bailiwicks of liana u to the Elector of

Hesse.

Art. XVIII. His Majesty the King of Prussia undertakes, in concurrence with his High Allies, to take immediately the most effectual measures, and to continue them without inter- mission until the end is fully attained, to reinstate His Royal Highness the Elector of Hesse in possession of the four Hanau bailiwicks of Babenhausen, Dorheim, Rodheim, Ortenberg, and the Communities, in the same state as before the hostile occu- pation in the year 1806, as soon as possihle. To facilitate the proceedings, it has been agreed that His Royal Highness will accept a full compensation for the bailiwick of Babenhausen, and in the most extreme case also for the bailiwicks of Ortenberg and Rodheim and the Communities. This compensation, how- ever, can only consist of lands and people, with full sovereignty and supremacy, and cannot be settled otherwise than with his full and free concurrence.

Art. XIX. Indemnity to the Landgrave of Hesse-Rothenburg for the Domanial Revenue.

Art. XX. Mode of this Indemnification.

Art. XXI. Possessions of ivhich the Revenue will furnish the Indemnity to the Landgrave of Hesse-Rothenburg.

Art. XXII. Mode of Possessing the Indemnity.

Art. XXIII. Execution of the Convention.

Art. XXIV. Civil Functionaries in Office.

Art. XXV. Validity of the Arrangements made before the 1st of August.

Art. XXVI. Cession of the Arrears of Taxes, cj-c, to the new Possessors.

Art. XXVII. Transfer of the Military to the new Sovereign.

Art. XXVIII. Military Routes for Prussia.

Art. XXIX. Guarantee by Prussia in favour of the Elector oj Hesse and the Grand Duke of Saxe- -Weimar.

Art. XXX. Exchange of Ratifications.

In witness whereof the Plenipotentiaries on both sides have signed this Treaty, and have affixed to it the Seal of their Arms.

Done at Cassel, the 16th of October, 1815.

(L.S.) CONRAD SIEGMUND CARL VON IIANLEIN. (L.S.) GEORG FERDINAND VON LEPEL.

325

3 Nov., 1815,] GREAT BRITAIN, AUSTRIA, &c. [No. 38

[Defence of Netherlands, Switzerland, G-ermany, &c]

No. 38. — PROTOCOL of Conference between Great Britain, Austria, Prussia, and Russia, respecting the Territorial Arrangements, and Defensive System of the Germanic Confederation. Paris, ord Xovember, 1815.*

[Referred to in Documents Nos. 43 and 48.]

Art. Table.

A. Provisions respecting the Cessions to he made by France.

1. Kingdom of the Low Countries {Netherlands), Philippeville, Mar'un-

burg, &c. Pecxmiary Indemnity towards their Defence. Pecuniary Indemnities to Austria and Prussia.

2. Acquisitions of Prussia. Fortress of Sarre-Louis, &c.

3. Acquisitions of Austria. Town and Fortress of Landau.

4. Helvetic Confederation. Versoy and part of the Pays de Gex to be

added to Geneva. Neutrality of Switzerland to include Territory from TIgina to Lake of Bourget {Upper Savoy).

5. Sardinia. Part of Savoy to be given to Sardinia and part to Geneva.

Proposed Cessions to Geneva. Custom Houses. Pecuniary Indemnity to Sardinia. Pecuniary Indemnities to Austria and Prussia.

B. Provisions respecting the Territorial Arrangements in Germany, A ustria, and Prussia.

6. Cession to King of Prussia in Department of La Sarre.

7. Arrangements relating to Bavaria.

8. Austrian Cessions to Grand Duke of Hesse.

9. Austrian Cession to Bavaria.

C. Defensive System of the Germanic Confederation.

10. Mayence. Luxemburg. Landau. Distribution of Sums of Money to

be devoted to the Defensive System of Germany.

11. Protocol to have same force as a Convention.

Annexes. Austrian Cessions to Prussia. Arrangement with Bavaria. Territorial Transfers by the Grand Duke of Darmstadt.

[Translation.f] The Ministers of the Imperial and Royal Courts of Austria, of Russia, of Great Britain, and of Prussia, having' taken into consi- deration the measures become necessary by those arrangements with France which are to terminate the present War, have agreed to lay clown, in the present Protocol ; —

* Initialed on the 3rd, and Signed on the 20th November, 1815. t For French Vei*sion, see " State Papers," vol. iii, p. 234,

323

No. 38] GREAT BRITAIN, AUSTRIA, &c. [3 Nov., 1815.

[Defence of Netherlands, Switzerland, Germany, &c]

1. The dispositions relative to the territorial cessions to be made by France, and to the contributions destined for strengthen- ing the line of defence of the bordering States.

2. Provisions relating to certain changes of Territory in Germany.

3. Those which relate to the system of Defence of the Ger- manic Confederation,

A. Provisions respecting the Cession to be made by France.

Kingdom of the Low Countries (Netherlands). Philippeville, Marien-

burg, (f-c. Art. I. Considering that His Majesty the King of the Low Countries ought to participate in a just proportion in the advan- tages resulting from the present arrangement with France, and considering the state of his Frontiers on the side of that country, it is agreed, that the Districts which formed part of the Belgic Provinces, of the Bishopric of Liege, and of the Duchy of Bouillon, as well as the towns of Philippeville and Marienburg, with their Territories, which France is to cede to the Allies, shall be assigned to His Majesty the King of the Low Countries, to be united to his dominions.

Pecuniary Indemnity towards Defence of the Low Countries.

His Majesty the King of the Low Countries shall reeeive, moreover, out of that part of the French contribution which is destined towards strengthening the line of Defence of the States bordering upon France, the sum of 60,000,000 of Francs, which shall be laid out in fortifying the Frontiers of the Low Countries, in conformity with the plans and regulations which the Powers shall settle in this respect.

Pecuniary Indemnities towards Austria and Prussia. It is besides agreed, that in consideration of the advantages which His Majesty the King of the Low Countries will derive from these dispositions, both in the increase of, and in the means for defending his territory, that that proportion of the Pecuniary Indemnity payable by France to which His said Majesty might lay claim shall serve towards putting the Indemnities of Austria and Prussia on the level of a just proportion.

Acquisitions of Prussia. Fortress of Sarre-Louis, cjx\ Art. II. The districts which, by the new Treaty with France,

327

3 Nov., 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 33

[Defence of Netherlands, Switzerland, Germany, &c]

will be detached from the French territory in the department of the Sarre and the Moselle, including the Fortress of Sarre-Louis, shall be united to the dominions of the King of Prussia.*

Acquisitions of Austria. Town and Fortress of Landau.^ Art. III. The territories which France is to cede in the depart- ment of the Lower Rhine, including the Town and Fortress of Landau, f shall be united to those possessions on the left bank of the Rhine which devolve to His Imperial and Royal Apostolic Majesty by the Final Act of the Congress of Vienna (No. 27). His Majesty may dispose of his possessions on the left bank of the Rhine, in the territorial arrangements with Bavaria, and other States of the Germanic Confederation.*

Helvetic Confederation. Versoy and part of the Pays de Gex to be

added to Geneva. Art. IV. Versoy, with that part of the Pays de Gex which is to be ceded by France, shall be united to Switzerland, and form part of the Canton of Geneva.

Neutrality of Switzerland to include Territory from Upper Savoy :

Ugina to Lake of Bourget. The Neutrality of Switzerland shall be extended to that terri- tory, which is placed north of a line to be drawn from Ugina (including that Town) to the south of the Lake of Annecy, and from thence to the Lake of Bourget, as far as the Rhone (No. 43), in the same manner as it has been extended to the Provinces of Chablais and Faucigny by Article XCII of the Final Act of the Congress of Vienna (No. 27).

Sardinia. Part of Savoy to be given to Sardinia and part to Geneva. Art. V. In order that His Majesty the King of Sardinia may participate, in a just proportion, in the advantages resulting from the present arrangement with France, it is agreed, that the portion of Savoy which remained to France in virtue of the Treaty of Paris of the 30th May, 1814 (No. 1), shall be united (reunis) to the domi- nions of His said Majesty, with the exception of the Commune of St. Julian, which shall be given up to the Canton of Geneva.

Proposed Cessions to Geneva. The Cabinets of the Allied Courts will use their good offices for

* See Treaty between Great Britain, Austria, &c, of 20th July, 1819. t See Article VII, § d, and note, p. 5.

328

No. 38J GREAT BRITAIN, AUSTRIA, &o. [3 Nov., 1815.

[Defence of Netherlands, Switzerland, Germany, &c]

inducing" His Sardinian Majesty to cede to the Canton of Geneva the Communes of Chesne, Thonex, and some others necessary for disengaging the Swiss territory of Jussy from the effects of the retrocession, by the Canton of Geneva, of that territory situated between the road of Euron and the Lake, which had been ceded by His Sardinian Majesty, by the Act of the 29th March, 1815

(No. 10).

Custom Houses.

The French Government having consented to withdraw its lines of custom and excise from the frontiers of Switzerland, on the side of the Jura, the Cabinets of the Allied Powers will employ their good offices for inducing His Sardinian Majesty to withdraw in like manner, his lines of custom and excise, on the side of Savoy, at least upwards of a league from the Swiss frontiers, and on the outside of the great road of Saleve, and of the mountains of Sion and Waache.

Pecuniary Indemnity to Sardinia.

His Majesty the King of Sardinia shall receive, moreover, out of that part of the French contribution which is destined for the strengthening of the line of Defence of the States bordering upon France, the sum of 10,000,000 of Francs, which is to be laid out in fortifying his frontiers, in conformity with the plans and regu- lations which the Powers shall settle in this respect.

Pecuniary Indemnities to Austria and Prussia. It is likewise agreed, that, in consideration of the advantages which His Sardinian Majesty will derive from these dispositions, both in the extension and in the means for defending his territory, that part of the pecuniary Indemnity payable by France, to which His said Majesty might lay claim, shall serve towards putting the indemnities of Austria and Prussia on the level of a just pro- portion.

B. Provisions resjyecting the Territorial Arrangements in German?/

Austria, and Prussia.

Cessions by Austria to Prussia in Department of La Sarre. Art. VI. His Imperial and Royal Apostolic Majesty shall cede to His Majesty the King of Prussia, in the department of La Sarre, the districts shown in the amiexed Schedule. His Majesty the King of Prussia engages on his part to satisfy the Grand Dukes of Mecklenburg-Strelitz and Oldenburg, the Duke of Coburg the Landgrave of Hesse-Homburg, and the Count of Papenheim

329

3 Nov., 1815.] GKREAT JBEITADf, AUSTRIA* Ac. [No. 38

[Defence of Netherlands, Switzerland, Germany, &c]

conformably with Article LIV* of the Final Act of the Congress of Vienna (No. 27).

Arrangements relating to Bavaria.

-Art. VII. His Majesty the Emperor of all the Russias, His Majesty the King of Great Britain, and His Majesty the King of Prussia engage to use every means to obtain for His Imperial and Royal Apostolic Majesty from His Majesty the King of Bavaria the reconveyance of the territories and the objects designated in the annexed Schedule (2), in exchange for the indemnity desig- nated in the same Schedule. They undertake at the same time with the Court of Bavaria to exchange with His Royal Highness the Elector of Hesse, the districts of Aufenau, Wort, and Ilochst, and the road from Saalmunster to Gelnhausen for a sufficient pari of the bailiwick of Lohrhaupten.

In consideration of the arrangements above specified the Four Powers insure to His Majesty the King of Bavaria the following advantages : —

a. An amount proportional to the part of the French contribu- tions intended to reinforce the defensive line of the frontier States, which amount shall be employed according to the plans and regu- lations which shall be generally fixed in this matter.

b. The Reversion of the part of the Palatinate belonging to the House of Baden, after the extinction of the direct line of the reigniug Grand Duke.

c. A military road from Wurzburg to Frankenthal.

Landau to be a Fortress of the Germanic Confederation, Bavaria

to have Right to Garrison.

d. The right of garrison in the fortified Town of Landau, which will be one of the Fortresses of the Germanic Confederation.

These Articles will be regarded as fully obligatory as soon as the Court of Bavaria shall have declared its adhesion to the arrangements specified above.f

The Countries devolved to His Imperial and Royal Apostolic Majesty under Article LI of the Final Act of the Congress of Vienna (No. 27), and of which His Majesty can dispose by ex- change with the other Princes of the Germanic Confederation, being still found, in spite of the representations on this subject made by

* See Convention of 1st July, 181G.

t See Treaty between Great Britain, Austria, &c, of 20th July, 1819.

330

No. 38J GREAT BRITAIN, AUSTRIA, &c. [3 Nov., 1815,

[Defence of Netherlands, Switzerland, Germany, <fec]

the Imperial Court of Austria., partly occupied by the Bavarian authorities, there will be made by the Four Cabinets a simul- taneous action against the Bavarian Government, in order that the said countries may be placed without delay at the free disposal of His Imperial and Royal Apostolic Majesty.

Austrian Cessions to Grand Duke of Hesse.

Art. VIII. Austria shall cede to the Grand Duke of Hesse, as an indemnity for the Duchy of Westphalia, a territory on the left bank of the Rhine, comprising a population of 140,000 inhabi- tants, conformably to the Treaty between Austria, Prussia, and the Grand Duke, of 10th June, 1815 (No. 28). The arrangements with the Grand Duke of Hesse shall be made according to the annexed Schedule (3), drawn up on the basis of the exchange of territory between Austria and Bavaria, such as may be found indicated in the preceding Article.

Austrian Cession to Bavaria.

Art. IX. The Reversion of the part of the Palatinate belonging to the Grand Duke of Baden having been assured to Austria by the Protocol of 10th June, 1815,* of the Conferences of the Congress of Vienna, His Imperial and Royal Apostolic Majesty is ready to renounce this Reversion in favour of His Majesty the King of Bavaria, in order to facilitate the arrangements indicated by Article VII of the present Protocol. The Reversion of Brisgau, which has also been assured to Austria by the said Protocol of 10th June, will be carried out.

C. Defensive System of the Germanic Confederation. Mayence, Luxemburg, and Landau to be Fortresses of the Germanic

Confederation. Art. X. The Fortresses of Mayence, Luxemburg, and Landauf are declared Fortresses of the Germanic Confederation, with the exception of the territorial Sovereignty of the Fortresses.

Fortress of Mayence. Right of Garrisoning Fortress. The Plenipotentiaries of Austria and Prussia, not being autho- rised, considering the Acts formerly existing, and the absence of their Sovereigns, to renounce the right of garrisoning ±he Fortress

* By the Project of Convention annexed to the Protocol of 10th June, 1S15, the Reversion of Brisgau, and of the Palatinate, were secured eveLtually to the House of Austria (excepting those parts which were ceded to Prussia).

f See Treaty between Austria and Bavaria of 16th April, 1816.

331

3 Nov., 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 38

[Defence of Netherlands, Switzerland, Germany, &c]

of Mayence to one or other of their respective Courts, it is agreed that the military service and the administration shall continue to subsist in that Fortress according to the actual arrangement in force, until the Allied Courts shall come to some definitive arrangement on this point.

Fortress of Luxemburg. Rigid of Garrisoning, and of Nominating

Governor. Their Majesties, the Emperor of Austria, the Emperor of all the Russias, and His Majesty the King of Great Britain, will employ their best offices in order to obtain for His Majesty the King of Prussia the right of garrisoning the Fortress of Luxem- burg, conjointly with His Majesty the King of the Netherlands, as well as the right of nominating the Governor of that Fortress.

Fortress of Landau. Bight of Garrisoning.

The garrison of Landau shall be, until the time of. its exchange, entirely composed of Austrian troops, and in like manner after the transfer it shall be in time of peace entirely composed of Bavarian troops. Nevertheless, in the case of war, the Grand Duke of Baden shall furnish a third of the garrison necessary for the defence of the Fortress.

Distribution of Sums of Money to be devoted to the Defensive System

of Germany.

The Powers having agreed to devote to the defensive system of Germany the sum of 60,000,000 francs, to be taken from a part of the French contribution destined to strengthen the line of Defence of the frontier States, the said sum shall be distributed as follows : —

His Majesty the King of Prussia shall receive 20,000,000 Francs of it for the fortification of the Lower Rhine ; 20,000,000 shall be reserved for the construction of a fourth Federal Fortress on the Upper Rhine ; His Majesty the King of Bavaria, or some other Sovereign of the countries bordering upon France between the Rhine and the Prussian States, shall have 15,000,000 ; and 5,000,000 shall be employed to complete the works at Mayence. These different sums shall be disposed of, conformably to the plans and regulations which shall be settled with reference to them.

Protocol to have same force as a Conveidion. Aet. XI. The present Protocol shall have the force of a Con-

332

No. 38] GREAT BRITAIN, AUSTRIA, &c: [3 Nov., 1815.

[Defence of Netherlands, Switzerland, Germany, &c]

vention between the four Powers, until the arrangements to which they refer may be definitively completed.

Done and signed at Paris, 3rd November, 1815.*

WELLINGTON. RASOUMOFFSKY.

METIER NICH. CAPO DTSTRIAS.

HARDENBERG. HUMBOLDT.

CASTLEREAGH. WESSENBERG.

(Annex 1). — Austrian Cessions to Prussia.

Austria shall cede to Prussia on the left bank of the Rhine : —

a. Saarburg, with the remainder of Conz, according to the

limits of the Peace of 1814, and exclusively of Parcelles, on the right bank of the Moselle, which formerly belonged to Luxemburg.

b. Moertzig.

c. Wadern.

d. Tholey.

e. Part of Lebach according to the conditions of 1814 (No. 1). /. Ottweiler.

q. St. Wendel.

h. The remainder of Birkenfeld and Hermeskeil.

?'. The remainder of Baumholder and Grumbach.

(Annex 2). — Arrangement ivith Bavaria.\

Cessions demanded from Bavaria.

Population.

1. The Ilausruckviertel 92,396

2. The Innviertel 125,671

3. The Principality of Salzburg, with the exception

of the Bailiwicks of Waging, Tettmanning-, Seisendorf, and Laufen ; the three last, so far as they are situated on the left bank of the Salzbach and the Saal 168,000

4. The Tyrolese Bailiwick of Vils 946

Total.... 387,013

Ilis Majesty the King of Bavaria would grant freedom of transit on the road which leads from the Tyrol to Bregenz by the Bavarian States, for a quantity of salt and corn, to be agreed upon.

* Initialed on the 3rd, and Signed on the 20th November, 1815. t See Treaty between Austria and Bavaria of 14th April, 1816.

66 o

3 NOV., 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 38

[Defence of Netherlands, Switzerland, Germany, &c]

Indemnities,

A. On the Left Bank of the Rhine.

Population.

1. In the Department of Mont-Tonnerre.

a. The district of Deux-Ponts 93,596

b. The district of Kaiserslautern 73,022

c. The district of Spire, excepting the cantons

of Worms and Pfeddersheim 144,042

d. In the district of Alzey, the canton of

Kercheim-Poland 12,066

2. In the Department of the Sarre.

a. The canton of Waldmohr 10,795

b. The canton of Bliescastel 14,636

c. The canton of Ooussel, excepting certain

places on the road from St. Wendel to Baumholder — approximately S,698

3. In the Department of the Lower Rhine.

The canton of Landau, with the territory on the left bank of the Lauter 53,887

B. On the Right Bank of the Rhine.

a. The bailiwicks Fuldois* 26,304

b. The bailiwick of Radewitz 3,000

c. Of Darmstadt — the bailiwicks of Mitten-

berg, Amorbach, Heubach, and Alzenau 24,601

d. Of Bade — part of the bailiwick of Wert-

heim 4,927

Total.... 409,634

(Annex 3). — Territorial Transfers by the Grand Duke of

Darmstadt.

Darmstadt would cede ; A. To Prussia. Subjects.

The Duchy of Westphalia 140,000

* Viz., the Bailiwicks of Bruckcnau, Hammelburg, that part of Bieberstein belonging to Austria, and a part of the Bailiwick of Weihers belonging to Prussia, or other adjoining territories sufficient to compensate for the Baili- wicks of Saalnriinster, of Ursel, and of Sannerz, which Austria places at the disposal of Prussia.

334

No. 38] GREAT BRITAIN, AUSTRIA, &c. [3 Nov., 1815.

[Defence of Netherlands, Switzerland, Germany, &c]

B. To Bavaria.

The bailiwicks of Mittenberg 8,094 ' Subjects.

Amorbach 7,092

Heubach 3,505

Alzenau 5,970

24,661

C. To Hesse-Cassel.

The bailiwick of Hanau, conformably to tho

Conventions of Frankfort 14,018

D. To the Landgrave of Hesse-Homburg.

The Sovereignty over 6,3GG

Total.... 185,045

The Grand Duke of Darmstadt would make himself liable for one-half of the private debts of the Prince of Ysemburg.

The overplus of the above-named Indemnities will be employed to obtain for His Prussian Majesty the Sovereignty of the possessions of Wittgenstein and Berleburg.

The best endeavours will be made to use the part of the country of Ysemburg, situated on the left bank of the Maine, in the exchanges which the Grand Duke of Hesse is to make with the Elector of Hesse for the bailiwicks above mentioned, sub Lit. 0., and to obtain from the Elector of Hesse the whole of the road from Saalmunster to Haynau.

Darmstadt would obtain :

A On the Left Bank of the Rhine : Subjects.

The Town of Mayence 26,400

Nieder-Olm 12,113

Ober-Ingelheim , . 13,523

Bingen 8,191

Wollstein 10,806

Worstadt 15,403

Oppenheim 14,606

Bechtheim 15,834

Alzey 15,961

Pfeddersheim 14,573

Worms 5,718

335

3 Nov., 1815.] GEEAT BKITAIN, AUSTRIA, &c. INo. 38

[Defence of Netherlands, Switzerland, Germany, &c]

B. On the Right Bank of the Rhine:

The villages of Nieder-Ursel and Ober-Erlen-

bach 1,104

The Principality of Ysemburg 47,454

Total 201,640

C. The ownership of the Salt Mines of Kreutznach.

336

No. 39] GEEAT BEITAIN, &c, AND EUSSIA. [5 Nov., 1815.

[Ionian Islands.]

No. 39. — TREATY between Great Britain and Austria, Prussia and Russia, respecting the Ionian Islands. Signed at Paris, 5th November, 1815.*

Art. Table.

Preamble. Treaty to form part of General Congress Treaty of 9tli June, 1815.

1. Independence.

2. British Protection. Guarantee of Austria, Prussia, and Russia.

3. Appointment of Lord High Commissioner by Great Britain.

4. Constitutional Charter.

5. British Occupation of Fortresses, &c. Military Force of the States to be

under Orders of Commander-in-Chief of British Troops.

6. Maintenance of Fortresses. Payment of British Garrison.

7. British Jurisdiction over Honorary and Military Eights. Trading Flag.

Commerce with Austria. Consuls or Consular Agents only to be accredited.

8. Acceding Powers to the Treaty.

9. Eatifications.

(English Version. f)

In the name of the Most Holy and Undivided Trinity.

His Majesty the King of the United Kingdom of Great Britain and Ireland, His Majesty the Emperor of Austria, King of Hungary and Bohemia, His Majesty the Emperor of all the Russias, and His Majesty the King of Prussia, animated by the desire of prosecuting the Negotiations adjourned at the Congress of Vienna, in order to fix the destiny of the Seven Ionian Islands, and to insure the Independence, liberty, and happiness, of the Inhabitants of those Islands, by placing them and their Constitu- tion under the immediate Protection of one of the Great Powers of Europe, have agreed to settle definitively, by a Special Act, whatever relates to this object, which, grounded upon the rights resulting from the Treaty of Paris of the 30th May 1814 (No. 1), and likewise upon the British Declarations at the period when the British arms liberated Cerigo, Zante, Cephalonia, Santa Maura, Ithaca, and Paxo, shall be considered as forming part of the General Treaty concluded at Vienna on the 9th June of the year

* The Ionian Islands were united to Greece by the Treaty between the 5 Powers of 14th November, 1863, and the Treaty between Great Britain, France, Eussia, and Greece of 29th November, 1864.

t For Frjn}h Version, see " State Papers," vol. hi, p. 250.

337 z

5 NOV., 1815.J GREAT BRITAIN, &c, AND RUSSIA. [No. 39

[Ionian Islands.]

1815, on the termination of the Congress (No. 27) ; and in order to settle and sign the said Act, the High Contracting Powers have nominated Plenipotentiaries ; that is to say,

His Majesty the King of the United Kingdom of Great Britain and Ireland, the Right Honourable Robert Stewart, Viscount Castlereagh, Knight of the Most Noble Order of the Garter, a member of His said Majesty's Most Honourable Privy Council, a Member of Parliament, Colonel of the Londonderry Regiment of Militia, and His said Majesty's Principal Secretary of State for Foreign Affairs ;

And the Most Illustrious and Most Noble Lord Arthur, Duke, Marquess and Earl of Wellington, Marquess of Douro, Viscount Wellington of Talavera and of Wellington, and Baron Douro of Wellesley, a member of His said Majesty's Most Honourable Privy Council, a Field-Marshal of his armies, Colonel of the Royal Regiment of Horse-Guards, Knight of the Most Noble Order of the Garter, &c.

And his Majesty the Emperor of Austria, King of Hungary and Bohemia, the Sieur Clement Winceslas Lothaire, Prince of Metternich-Winnebourg-Ochsenhausen, Chamberlain, Privy Coun- cillor of His Majesty the Emperor of 'Austria, King of Hungary and Bohemia, his Minister of State, of Conferences and of Foreign Affairs; and the Sieur John Philip Baron Wessenberg, Chamberlain and Privy Councillor of His Majesty the Emperor of Austria, King of Hungary and Bohemia, &c. ; who, after having exchanged their Full Powers, found to be in good and due form, have agreed upon the following Articles : —

Independence.

Art. I. The Islands of Corfu, Cephalonia, Zante, Santa Maura, Ithaca, Cerigo and Paxo, with their dependencies, such as they are described in the Treaty between His Majesty the Emperor of all the Russias and the Ottoman Porte, of the 21st of March, 1800,* shall form a single, Free and Independent State, under the denomination of the United States of the Ionian Islands.

British Protection. Guarantee of Austria, Prussia, and Russia.

Art. II. This State shall be placed under the immediate and exclusive Protection of His Majesty the King of the United King- dom of Great Britain and Ireland, his heirs and successors. The

* See Appendix.

338

No. 39] GREAT BRITAIN, &c, AND RUSSIA. [5 Nov., 1815.

[Ionian Islands.]

other Contracting Powers do consequently renounce every right or particular pretention which they might have formed in respect to them, and formally guarantee all the dispositions of the present Treaty.

Appointment of Lord High Commissioner by Great Britain.

Art. III. The United States of the Ionian Islands shall, with the approbation of the Protecting Power, regulate their internal organization ; and, in order to give to all the parts of this organi- zation the necessary consistency and action, His Britannic Majesty will employ a particular solicitude with regard to the legislation and the general administration of those States, His Majesty will therefore appoint a Lord High Commissioner to reside there, invested with all the necessary power and authorities for this purpose.

Constitutional Charter.

Art IV. In order to carry into execution, without delay the stipulations mentioned in the Articles preceding, and to ground the political re-organization which is actually in force, the Lord High Commissioner of the Protecting Power shall regulate the forms of Convocation of a Legislative Assembly, of which he shall direct the proceedings, in order to draw up a New Constitu- tional Charter for the States, which His Majesty the King of the United Kingdom of Great Britain and Ireland shall be requested to ratify.*

Until such Constitutional Charter shall have been so drawn up, and duly ratified, the existing Constitutions shall remain in force in the different Islands, and no alteration shall be made in them, except by His Britannic Majesty in Council.

British Occupation of Fortresses, §c. Military Force of the States to be under Orders of Commander-in-Chief of British Troops.

Art. V. In order to ensure, without restriction, to the inhabi- tants of the United States of the Ionian Islands, the advantages resulting from the high Protection under which these States are placed, as well as for the exercise of the rights inherent in the said Protection, His Britannic Majesty shall have the right to

* Ratified by Great Britain 26th August, 1817.

339 z 2

5 NOV., 1815.] GEEAT BBITAIN, &c., AND EUSSIA. [No. 39

[Ionian Islands.]

occupy the Fortresses and places of those States, and to maintain garrisons in the same. The military force of the said United States shall also be under the orders of the Commander-in-Chief of the troops of His Britannic Majesty.

Maintenance of Fortresses. Payment of British Garrison.

Art. VI. His Britannic Majesty consents, that a particular Convention with the Government of the said United States shall regulate, according to the revenues of these States, every thing which may relate to the maintenance of the Fortresses already existing, as well as to the subsistence and payment of the British garrisons, and to the number of men of which they shall be com- posed in time of peace.

The same Convention shall likewise fix the relations which are to exist between the said armed force and the Ionian Govern- ment.

Trading Flag. British Jurisdiction over Honorary and Military Rights. Commerce with Austria. Consuls or Consular Agents only to be accredited.

Art. VII. The trading Flag of the United States of the Ionian Islands shall be acknowledged by all the Contracting Parties as the Flag of a Free and Independent State. It shall carry with the colours and above the armorial bearings thereon dis- played before the year 1807, such other as His Britannic Majesty may think proper to grant, as a mark of the Protection under which the said Ionian States are placed ; and for the more effectual furtherance of this Protection, all the ports and har- bours of the said States are hereby declared to be, with respect to Honorary and Military rights, within British jurisdiction. The Commerce between the United Ionian States and the dominions of His Imperial and Poyal Apostolic Majesty shall enjoy the same advantages and facilities as that of Great Britain with the said United States. None but Commercial Agents, or Consuls, charged solely with the carrying on Commercial relations, and subject to the regulations to which Commercial Agents or Consuls are subject in other Independent States, shall be accredited to the United States of the Ionian Islands.

Acceding Powers to the Treaty.

Art. VIII. All the Powers which signed the Treaty of Paris

310

No. 39] GREAT BRITAIN, 4c., AND RUSSIA. [5 Nov., 1815.

[Ionian Islands.]

of the 30th of May, 1814 (No. 1), and the Act of the Congress of Vienna of the 9th of June, 1815 (No. 27) ; and also His Majesty the King- of the Two Sicilies* and the Ottoman Porte,f shall be invited to accede to the present Convention.

Ratifications.

Art. IX. The present Act shall be ratified, and the Ratifications shall be exchanged in two months, or sooner, if possible.

In witness whereof the respective Plenipotentiaries have signed it, and have affixed thereunto the Seals of their Arms.

Done at Paris, the 5th day of November, in the year of Our Lord 1815.

(L.S.) CASTELREAGIL (L.S.) WELLINGTON. (L.S.) METTERNICH. (L.S.) WESSENBERG.

* The Independence of the Ionian Islands was recognized by Sicily in the Commercial Convention with Great Britain of 26th September, 1816. f The Ratification of the Ottoman Porte was dated 24th April, 1819.

341

[20 NOV., 1815. GREAT BRITAIN, &c, AND FRANCE. No. 40]

[2nd Peace of Paris.]

No. 40.— DEFINITIVE TREATY of Peace between Great Britain, Austria, Prussia, and Russia, and France. Signed ■ at Paris, 20th November, 1815.*

[See special references to this Treaty, and the Conventions an- nexed thereto, in the Treaty of Alliance concluded between the 4 Powers, on the same day.]

Art. Table.

Preamble.

1. Frontiers of France : as in 1790, Landau, Geneva, Savoy, Monaco, S[c.

2. Fortresses, &c, to be placed at Disposal of Allied Powers.

3. Fortifications of Huninguen to be Destroyed. Extension of Neutrality of

Switzerland to Part of Savoy.

4. Indemnity to be Paid by France.

5. Military Occupation by Allies along the Frontiers of France.

6. Evacuation of French Territory.

7. Period fixed for Emigration and Disposal of Property by Residents in

Ceded Territories.

8. Ceded Countries. Application of Treaty of 30th May, 1814, to present

Treaty.

9. Conventions of Claims.

10. Restoration of Prisoners.

11. Maintenance of Treaty of 30th May, 1814, and Final Act of Vienna

Congress of 9th June, 1815.

12. Ratifications.

[For Annexes see Nos. 41, 42, 45, and 46.]

(English Version. f) In the Name of the Most Holy and Undivided Treaty.

The Allied Powers having by their united efforts, and by the success of their arms, preserved France and Europe from the convulsions with which they were menaced by the late enter- prise of Napoleon Bonaparte, J and by the revolutionary system reproduced in France, to promote its success ; participating at present with His Most Christian Majesty in the desire to con-

* Spain acceded to this Treaty as well as to the Conventions annexed thereto by an Act dated 8th June, 1817, and by tbe Treaty of 10th June, 1817.

The Stipulations of the Convention upon this subject, concluded on the same day, between Austria, Prussia, and Russia, and France, were, verbatim the same as those of this Treaty.

+ For French Version, see " State Papers," vol. hi, p. 280.

X Bonaparte escaped from Elba on the night of the 25th of February, 1815, and landed in France on the 1st of March.

342

[No. 40 GREAT BRITAIN, &c, AND FRANCE. 20 Nov., 1815.]

[2nd Peace of Paris.]

solidate, by maintaining inviolate the Royal authority, and by restoring the operation of the Constitutional Charter, the order of things which had been happily re-established in France, as also in the object of restoring between France and her neighbours those relations of reciprocal confidence and goodwill which the fatal effects of the Revolution and of the system of Conquest had for so long a time disturbed : persuaded, at the same time, that this last object can only be obtained by an arrangement framed to secure to the Allies proper indemnities for the past and solid guarantees for the future, they have, in concert with His Majesty the King of France, taken into consideration the means of giving effect to this arrangement ; and being satisfied that the Indemnity due to the Allied Powers cannot be either entirely Territorial or entirely Pecuniary, without prejudice to France in the one or other of her essential interests, and that it would be more fit to com- bine both the modes, in order to avoid the inconvenience which would result, were either resorted to separately, their Imperial and Royal Majesties have adopted this basis for their present transactions ; and agreeing alike as to the necessity of retaining for a fixed time in the Frontier Provinces of France, a certain number of allied troops, they have determined to combine their different arrangements, founded upon these bases, in a Definitive Treaty. For this purpose, and to this effect, His Majesty the King of the United Kingdom of Great Britain and Ireland, for himself and his Allies on the one part, and His Majesty the King of France and Navarre on the other part, have named their Pleni- potentiaries to discuss, settle and sign the said Definitive Treaty ; namely, IDs Majesty the King of the United Kingdom of Great Britain and Ireland, the Right Honourable Robert Stewart Viscount Castlereagh, Knight of the Most Noble Order of the Garter, His said Majesty's Principal Secretary of State for Foreign Affairs, &c. ; and the Most Illustrious and Most Noble Lord Arthur, Duke, Marquess, and Earl of Wellington, Marquess of Douro, Viscount Wellington, of Talavera and of Wellington, and Baron Douro of Wellesley, a Member of His said Majesty's Most Honorable Privy Council, a Field Marshal of his Armies, Colonel of the Royal Regiment of Horse Guards, Knight of the Most Noble Order of the Garter, &c. ;

And His Majesty the King of France and of Navarre, the Sieur Armand Emanuel du Plessis Richelieu, Duke of Richelieu, Peer of France, First Gentleman of the Chamber of His Most

343

20 Nov., 1815.] GREAT BRITAIN, &c, AND FRANCE. [No. 10

[2nd Peace of Paris.]

Christian Majesty, his Minister and Secretary of State for Foreign Affairs, and President of the Council of his Ministers, &c, Who having exchanged their Full Powers, found to be in good and due form, have signed the following Articles : —

Frontiers of France: as in 1790.*

Akt. I. The Frontiers of France shall be the same as they were in the year 1790, save and accept the modifications on one side and on the other, which are detailed in the present Article.

Fortress of Philvppeville and Marienbourg, <f-c.

1st, on the Northern Frontiers the line of demarcation shall remain as it was fixed by the Treaty of Paris (No. 1), as far as opposite to Quievrain, from thence it shall follow the ancient limits of the Belgian Provinces, of the late Bishopric of Liege, and of the Duchy of Bouillon, as they existed in the year 1790, leaving the Territories included within that line (enclave's), of Philippeville and Marienburg, with the Fortresses so called, together with the whole of the Duchy of Bouillon without the Frontiers of France. From Villers, near Orval, upon the confines of the Department Des Ardennes, and of the Grand Duchy of Luxemburg, as far as Perle, upon the great road leading from Thionville to Treves, the line shall remain as it was laid down by the Treaty of Paris (No. 1). From Perle it shall pass by Lauensdorff, Walwich, Schardorff Niederveiling, Pellweiler (all these places with their Banlieues or dependencies remaining to France) to Houvre ; and shall follow from thence the old limits of the District (Pays) of Sarrebruck, leaving Sarrelouis and the course of the Sarre, together with the places situated to the right of the line above-described, and their Banlieues or dependencies without the limits of France. From the limits of the district of Sarrebruck the line of demarcation shall be the same which at present separates from Germany, the departments of the Moselle and of the Lower Rhine, as far as to the Lauter, which River shall from thence serve as the Frontier until it falls into the Rhine.

Fortress of Landau, cf-c.f

All the territory on the left bank of the Lauter, including the Fortress of Landau, shall form part of Germany. The Town of

* See Map facing page 350.

t See Treaties between Prussia and Netherlands, of 8th November, 1816 ; Great Britain and Netherlands, of 16th November, 1816; Austria and Netherlands, of 12th March, 1817 ; and Russia and Netherlands, of 17th April, 1817.

3U

No. 40] GREAT BRITAIN, &c, AND FRANCE. [20 Nov., 1815.

[2nd Peace of Paris.]

Weissenburg, however, through which the River runs, shall remain entirely to France, with a rayon on the left bank, not exceeding 1,000 toises, and which shall be more particularly determined by the Commissioners who shall be charged with the approaching designation of the Boundaries.

2ndly,* leaving the mouth of the Lauter, and continuing along the departments of the Lower Rhine, the Upper Rhine, the Doubs, and the Jura to the Canton de Vaud, the Frontiers shall remain as fixed by the Treaty of Paris (No. 1). The Thalweg of the Rhine shall form' the Boundary between France and the States of Germany, but the property of the Islands shall remain in perpetuity, as it shall be fixed by a new survey of the course of that river, and continue unchanged whatever variation that course may undergo in the lapse of time. Commissioners shall be named on both sides, by the High Contracting Parties, within the space of three months, to proceed upon the said survey. One half of the bridge between Strasburg and Kehl shall belong to France, and the other half to the Grand Duchy of Baclen.

3rdly, in order to establish a direct communication between the Canton of Geneva and Switzerland, that part of the Paj7s de Gex, bounded on the east by the Lake Leman; on the south, by the territory of the Canton of Geneva ; on the north, by that of the Canton de Vaud ; on the west, by the course of the Ver- soix, and by a line which comprehends the Communes of Collex- Bossy, and Meyrin, leaving the Commune of Ferney to France, shall be ceded to the Helvetic Confederacy, in order to be united to the Canton of Geneva. The line of the French Custom-houses shall be placed to the west of the Jura, so that the whole of the Pays de Gex shall be without that line.

4thly, from the frontiers of the Canton of Geneva, as far as

the Mediterranean, the line of demarcation shall be that which

in the j^ear 1790 separated France from Savoy and from, the

County of Nice.

Monaco, §-c.

The Relations which the Treaty of Paris of 1814 (No. 1) had re-established between France and the Principality of Monaco shall cease for ever, and the same Relations shall exist between that Principality and His Majesty the King of Sardinia.f

* See Conventions between France and Baden of 30th January, 1827, and 5th April, 1840.

f See Treaty between Sardinia and Monaco, of 7th November, 1817.

345

20 Nov., 1815.] GREAT BRITAIN, &c, AND FRANCE. [No. 4Q

[2nd Peace of Paris.]

5thly, all the Territories and Districts included within the Boundary of the French territory (enclave's), as determined by the present Article, shall remain united to France.

Gthly, the High Contracting- Parties shall name within 3 months after the signature of the present Treaty, Commissioners to regulate everything relating to the designation of the Boundaries of the respective Countries,* and as soon as the labours of the Commissioners shall have terminated, Maps shall be drawn and landmarks shall be erected, which shall point out the respec- tive limits.

Fortresses, ($•<?., to be placed at disposal of Allied Powers.

Art. II. The Fortresses, Places, and Districts, which, accord- ing to the preceding Article are no longer to form part of the French territory, shall be placed at the disposal of the Allied Powers, at the periods fixed by Article IX of the Military Conven- tion (No. 42) annexed to the present Treaty ; and His Majesty the King of France renounces for himself, His heirs, and successors for ever, the rights of Sovereignt3r and property which he has hitherto exercised over the said Fortresses, Places, and Districts.

Fortifications of Huninguen to be destroyed.

Art. III. The Fortifications of Huninguen having been con- stantly an object of uneasiness to the town of Bale, the High Contracting Parties, in order to give to the Helvetic Confederacy a new proof of their good will and of their solicitude for its welfare, have agreed among themselves to demolish the fortifi- cations of Huninguen, and the French Government engages from the same motive not to re-establish them at any time, and not to replace them by other Fortifications at a distance of less than that of 3 leagues from the town of Bale.

Extension of Neutrality of Switzerland to part of Savoy.

The Neutrality of Switzerland shall be extended to the terri- tory situated to the north of a line to be drawn from Ugine, that Town being included, to the south of the Lake of Annecy, by Faverge, as far as Lecheraine, and from thence by the Lake of

* See Treaties between France and Netherlands of 28th March, 1820 ; between France and Bavaria of 9th December, 1825 ; and between France ar d Netherlands of 23rd October, 1829.

346

No. 40] GREAT BRITAIN, &c, AND FRANCE. [20 Nov., 1815.

[2nd Peace of Paris.]

Bourget, as far as the Rhone, in like manner as it was extended to the Provinces of Chablais and of Faucigny, by Article XCII of the Final Act of the Congress of Vienna (No. 27).*

Indemnity to be Paid by France.

Art. IV. The pecuniary part of the Indemnity to be furnished by France to the Allied Powers is fixed at the sum of 700,000,000 of Francs. The modes, the periods, and the guarantees for the payment of this sum shall be regulated by a Special Convention (No. 41), which shall have the same force and effect as if it were inserted, word for word, in the present Treaty.f

Military Occupation by Allies along the Frontiers of France.

Art. V. The state of uneasiness and of fermentation, which after so many violent convulsions, and particularly after the last catastrophe, France must still experience, notwithstanding the paternal intentions of her King, and the advantages secured to every class of his subjects by the Constitutional Charter, requir- ing, for the security of the neighbouring States, certain measures of precaution and of temporary guarantee, it has been judged indispensable to occupy, during a fixed time, by a corps of Allied Troops certain military positions along the frontiers of France, under the express reserve, that such occupation shall in no way prejudice the Sovereignty of His Most Christian Majesty, nor the state of possession, such as it is recognized and confirmed by the present Treaty. The number of these troops shall not exceed 150,000 men. The Commander-in-Chief of this army shall be nominated by the Allied Powers. This army shall occupy the Fortresses of Conde, Valenciennes, Bouchain, Cambray, Le Ques- noy, Maubeuge, Landrecies, AvesnesV" "Rocroy^ Grivet with Charlemont, Mezieres, Sedan, Montmedy, Thionville, Longwy, j Bitsch, and the Tete-de-Pont of Fort Louis. As the maintenance ' of the army destined for this service is to be provided by France, a Special Convention shall regulate everything which may relate to that object (No. 42). This Convention, which shall have the same force and effect as if it were inserted word for word in the pre- sent Treaty, shall also regulate the relations of the Army of Occupation with the civil and military authorities of the country. The utmost extent of the duration of this military occupation is

* See also Act of 20th November, 1815. f See also Convention of 9th October, 1818. 347

20 NOV., 1815.] GEEAT BEITAIN, &c, AND FEANCE. [No. 40

[2nd Peace of Paris.]

fixed at 5 years. It may terminate before that period if, at the end of 3 years, the Allied Sovereigns, after having1, in concert with His Majesty the King of France, maturely examined their reciprocal situation and interests, and the progress which shall have been made in France in the re-establishment of order and tranquillity, shall agree to acknowledge that the motives which led them to that measure have ceased to exist.* But whatever may be the result of this deliberation, all the Fortresses and Positions occupied by the Allied troops shall, at the expiration of 5 years, be evacuated without further delay, and given up to His Most Christian Majesty, or to his heirs and successors.

Evacuation of French Territory.

Art. VI. The Foreign Troops, not forming part of the Army of Occupation, shall evacuate the French Territory within the term fixed by Article IX of the Military Convention annexed to the pre- sent Treaty (No. 41).

Period fixed for Emigration and Disposal of Property in ceded

Territories.

Art. VII. In all Countries which shall change Sovereigns, as well in virtue of the present Treaty as of the arrangements which are to be made in consequence thereof, a period of 6 years from the date of the exchange of the Ratifications shall be allowed to the inhabitants, natives or foreigners, of whatever condition and nation they may be, to dispose of their Property, if they should think fit so to do, and to retire to whatever country they may choose.

Ceded Countries. Application of Treaty of 30th May, 1814, to

present Treaty.

Art. VIII. All the dispositions of the Treaty of Paris of the 30th of May, 1814 (No. 1), relative to the Countries ceded by the Treaty, shall equally apply to the several territories and districts ceded by the present Treat}^.

Conventions of Claims.

Art. IX. The High Contracting Parties having caused repre- sentation to be made of the different Claims arising out of the

* See Convention between the 4 Powers and France, for the evacuation of the French Territory by the Allied Troops at the end of the 3rd year of occupation, of 9th October, 1818.

348

No. 40] GREAT BRITAIN, &c ., AND FRANCE. [20 Nov., 1815.

[2nd Peace of Paris. Slave Trade.]

non- execution of Articles XIX and following of the Treaty of the 30th of May, 181-1 (No. 1), as well as of the Additional Articles of that Treaty signed between Great Britain and France, desiring to render more efficacious the stipulations made thereby, and having determined, by two Separate Conventions, the line to be pursued on each side for that purpose (Nos. 45, 46), the said two Conven- tions, as annexed to the present Treaty, shall, in order to secure the complete execution of the above-mentioned Articles, have the same force and effect as if the same were inserted, word for word, herein.*

Restoration of Prisoners.

Art. X. All Prisoners taken during the hostilities, as well as all hostages which may have been earned off or given, shall be restored in the shortest time possible. The same shall be the case with respect to the prisoners taken previously to the Treaty of the 30th of May, 1814 (No. 1), and who shall not already have been restored.

Maintenance of Treaty of 30th Mai/, 1814, and of Final Act of Vienna Congress of 9th June, 1815. Art. XI. The Treaty of Paris of the 30th of May, 1814 (No. 1) and the Final Act of the Congress of Vienna of the 9th of June 1815 (No. 27), are confirmed, and shall be maintained in all such of their enactments which shall not have been modified by the Articles of the present Treaty.

Ratifications.

Art. XII. The present Treaty, with the Conventions annexed thereto, shall be ratified in one Act, and the Ratifications thereof shall be exchanged in the space of two months, or sooner, If possible.

In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereunto the Seals of their Arms.

Done at Paris, this 20th day of November, in the year of Our Lord, 1815.

(L.S.) CASTLEREAGH. (L.S.) RICHELIEU.

(L.S.) WELLINGTON.

* See also Treaties of 25th April, 1818, and Additional Articles of 4th July, 1818.

349

20 NOV., 1815.] GREAT BRITAIN, &c, AND FRANCE. [No. 40

[2nd Peace of Paris. Slave Trade.]

Additional Article. Abolition of the Slave Trade.

Paris, 20th November, 1815.

The High Contracting Powers, sincerely desiring to give effect to the measures on which they deliberated at the Congress of Vienna relative to the complete and universal abolition of the Slave Trade, and having, each in their respective dominions, pro- hibited, without restriction, their Colonies and Subjects from taking any part whatever in this traffic, engage to renew conjointly their their efforts, with the view of securing final success to their principles which they proclaimed in the Declaration of the 4th (8th) of February, 1815 (No. 8), and of concerting, without loss of time, through their Ministers at the Courts of London and of Paris, the most effectual measures for the entire and definitive abolition of a Commerce so odious, and so strongly condemned by the laws of Religion and of Nature.

The present Additional Articles shall have the same force and effect as if it were inserted, word for word, in the Treaty signed this day. It shall be included in the Ratification of the said Treaty.

In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereunto the Seals of their Arms.

Done at Paris, this 20th day of November, 1815.

(L.S.) CASTLEREAGH. (L.S.) RICHELIEU.

(L.S.) WELLINGTON.

350

MAP

FRANCE

in

1815

IN TWO PLATES "PLATE 1

Stan fords , fas$Tistj&t, 55 Charing" Cross

MAP

FRANCE in

1815

MAP

FRANCE in

1815

MAP

FRANCE in

1815

No. 41] GREAT BRITAIN, &o., AND PRANCE. [20 Nov., 1815.

[2nd Peace of Paris. French. Pecuniary Indemnity.]

No. 41.— CONVENTION between Great Britain {Austria, Prussia, and Russia) and France, relative to the Pecuniary Indemnity to be paid by France to the Allied Poivers. Signed at Paris, 20th November, 1815.

[This Convention was annexed to the Definitive Treaty of the

same date, see Art. IV.]

Aet. Table.

Convention between Great Britain and France, concluded in conformity with Article IV of the Principal Treaty, relative to the payment of the Pecuniary Indemnity to be furnished by France to the Allied Powers.

1. Payment of Indemnity in five years.

2. Mode of paying Indemnity.

3. Engagements to be exchanged by Bons au Porteur.

4. Time at which engagements are to be exchanged for Bons au Porteur.

5. Issue of Bons au Porteur in Coupures or BUls.

6. Limit to amount of Bons au Porteur.

7. Non-payment of Interest.

8. Guarantee to be made over by France to Allied Powers.

9. Persons in whose name the Fund of Interest is to be inscribed. Right of

Allies to transfer Inscriptions in other Names.

10. Deposit of Inscriptions.

11. Appointment of Mixed Commission. Payments. Arrears. Bons un-

paid to be given up to French Commissioners, and paid over to Allied Commissioners.

12. Full amount of Inscriptions to be always in hands of Treasurers.

13. Interest on Bons au Porteur not paid when presented.

. _' 1- Facilities for payment of last 100,000,000 francs Indemnity.

16. Fulfilment by France of Engagements relative to Clothing and Equip- ment of Allied Armies.

(English version.*)

Convention between Great Britain and France, concluded in con- formity with Article IV of the Principal Treaty (No. 40), rela- tive to the Payment of the Pecuniary Indemnity to be furnished by France to the Allied Powers.^

The payment to which France has bound herself to the Allied Powers, as an Indemnity, by Article IV of the Treaty of this

* For French version, see " State Papers," vol. iii, p. 293.

f The Stipulations of the Convention upon this subject, concluded on the same day, between Austria, Prussia, and Russia, and France, were, verbatim Ihe same as those of this Convention.

351

20 NOV., 1815.] . GREAT BRITAIN, &c, AND FRANCE. [No. 41 [2nd Peace of Paris. French Pecuniary Indemnity.]

day, shall take place in the form and at the periods prescribed by the following Articles : —

Payment of Indemnity in Five Years.

Art. I. The sum of 700,000,000 of francs, being- the amount of the Indemnity, shall be discharged, day by day, in equal por- tions, in the space of 5 years, by means of Bans au Porteur on the Royal Treasury of France, in the manner that shall be now set forth.

Mode of Paying Indemnity.

Art. II. The Treasury shall give over, immediately, to the Allied Powers, 15 Engagements for 46,000,000 and two-thirds each, forming together the sum of 700,000,000 ; the first Engage- ment payable on the 31st March, 1816, the second on the 31st of July of the same year, and so on in every fourth month during the five successive years.

Engagements to be exchanged for Pons au Porteur.

Art. III. These Eng-agements shall not be negotiable, but they shall be periodically exchanged against Pons au Port> itr, negotiable, drawn in ,the form used in the ordinary service of the Royal Treasury.

Time at which Engagements are to be exchanged for Pons au

Porteur.

Art. IV. In the month which shall precede the four, in the course of which an Engagement is to be paid, that Engagement shall be divided by the Treasury of France, into Pons au Porteur payable in Paris, in equal portions, from the first to the last day of the four months.

Thus the Engagement of 46,000,000 and two-thirds, falling due the 31st of March, 1816, shall be exchanged in the month of November, 1815, against Pons au Porteur, payable in equal por- tions from the 1st of December, 1815, to the 31st of March, 1816.

The Engagement of 46,000,000 and two-thirds, which will fall due the 31st of July, 1816, shall be exchanged in the mouth of March of the same year, against Pons au Porteur, payable in equal portions from the 1st of April, 1816, to the 31st of July of the same year, and so on every four months.

352

No. 41] GREAT BRITAIN, &c, AND FRANCE. [20 Nov., 1815.

[2nd Peace of Paris. French Pecuniary Indemnity.]

Issue of Bons au Porteur in Coupures or Bills.

Art. V. No single Bon au Porteur shall be delivered for the sum due each day, but the sum so due shall be divided iuto several Coupures or Bills, of 1,000, 2,000, 5,000, 10,000, and 20,000 francs, the which sums added together, will amount to the sum total of the payment due for each day.

Limit to amount of Bons au Porteur.

Art. VI. The Allied Powers, convinced that it is as much their interest as that of France, that too considerable a sum of Bons au Porteur should not be issued at once, agree that there never shall be in circulation Bons for more than 50,000,000 of francs at a time.

Non-payment of Interest.

Art. VII. No Interest shall be paid by France for the delay of 5 years, which the Allied Powers allow to her for the payment of the 700,000,000 of francs.

Guarantee to be made over by France to A Hied Powers.

Art. VIII. On the 1st of January, 1816, there shall be made over by France to the Allied Powers, as a Guarantee for the regularity of the payments, a Fund of Interest inscribed in the Grand Livre of the Public Debt of France, of 7,000,000 of francs, on a capital of 140,000,000. This Fund of Interest shall be used to make good, if there should be need of it, the deficiencies in the Acceptances of the French Government, and to render the payments equal, at the end of every six months, to the Bons au Porteur which shall have fallen due, as shall be hereafter detailed.

Persons in whose Name the Fund of Interest is to be Inscribed.

Art. IX. This Fund of Interest shall be inscribed in the name of such persons as the Allied Powers shall point out ; but these persons cannot be the holders of the Inscriptions, except in the case provided for in Article XI ensuing.

Right of Allies to transfer Inscriptions in other Names.

The Allied Powers further reserve to themselves the right to transfer the Inscriptions to other names, as often as they shall judge necessary.

353 2 a

20 NOV., 1815.] GREAT BRITAIN, &c, AND FRANCE. [No. 41 [2nd Peace of Paris. French Pecuniary Indemnity.]

Deposit of Inscriptions.

Art. X. The deposit of these Inscriptions shall be confined to one Treasurer named by the Allied Powers, and to another named by the French Government.

Appointment of Mixed Commission.

Art. XI. There shall be a Mixed Commission, composed of an equal number on both sides, of Allied and French Commis- sioners, who shall examine every six months the state of the payments, and shall regulate the balance.

Payments. Arrears.

The Bons of the Treasury paid shall constitute the Payments ; those which shall not yet have been presented to the Treasury of France, shall enter into the account of the subsequent balance ; those also which shall have fallen due, been presented, and not paid, shall constitute the arrear, and the sum of Inscriptions to be applied, at the market price of the day, to cover the deficit.

Bons unpaid to be given up to French Commissioners and paid over

to Allied Commissioners.

As soon a3 that operation shall have taken place, the Bons unpaid shall be given up to the French Commissioners, and the Mixed Commission shall order the Treasurers to pay over the sum so determined upon, and the Treasurers shall be authorised and obliged to pay it over to the Commissioners of the Allied Powers, who shall dispose of it as they shall think proper.

Full amount of Inscriptions to be always in hands of Treasurers.

Art. XII. France engages to replace immediately in the hands of the Treasurers, an amount of Inscriptions equal to that which may have been made use of, according to the foregoing Article, in order that the Fund stipulated in Article VIII may be always kept at its full amount.

Interest on Bons au Porteur not Paid when Presented.

Art. XIII. France shall pay an interest of 5 per cent, per annum, from the date of the Bons au Porteur falling due, upon all such Bons the payment of which may have been delayed by the act of France.

354

No. 41] GREAT BRITAIN, &c, AND FRANCE. [20 Nov., 1815. [2nd Peace of Paris. French. Pecuniary Indemnity.]

Facilities for Payment of last 100,000,000 Francs Indemnity.

Art. XIV. When the first 600,000,000 of Francs shall have been paid, the Allies in order to accelerate the entire liberation of France, will accept, should it be agreeable to the French Govern- ment, the Fund mentioned in Article VIII, at the market price of that day, to such an amount as will be equal to the remainder due of the 700,000,000. France will only have to furnish the difference, should any exist.

Facilities for Payment of last 100,000,000 Francs Indemnity.

Art. XV. Should this plan not be convenient to France, the 100,000,000 of francs which would remain due, may be discharged in the manner pointed out in Articles II, III, IV, and V ; and, after the complete payment of the 700,000,000, the Inscriptions stipulated for in Article VIII shall be returned to France.

Fulfilment by France of Engagements relative to Clothing and Equipment of Allied Armies.

Art. XVI. The French Government engages to execute, inde- pendently of the Pecuniary Indemnity stipulated by the present Convention, all the Engagements stipulated for in the Special Conventions concluded with the different Powers and their Co- Allies, relative to the clothing and equipment of their Armies ; and engages for the exact deliverance and payment of the Bons and Mandats arising from the said Conventions, in as far as they shall not have been already discharged, at the time of the signa- ture of the Principal Treaty, and of the present Convention.

Done at Paris, this 20th day of November, in the year of Our Lord, 1815.

(L.S.) CASTLEREAGH. (L.S.) WELLINGTON. (L.S.) RICHELIEU. .

355 2 a 2

20 Nov., 1815.] GREAT BEITAIN, &c, AND FRANCE. [No. 42 [2nd Peace of Paris. Military Line.]

No. ^.—CONVENTION between Great Britain, Austria, Prussia, and Russia, and France, relative to the Occupation of a Military Line in France by an Allied Army. Signed at Paris, 20th November, 1815.

[This Convention was annexed to the Definitive Treaty of the same date. See Art. II].

Abt. Table.

Convention between Great Britain and France, concluded in conformity to Article V of the Principal Treaty, relative to the occupation of a Military Line in France, by an Allied Army.

1. Composition of Army of Occupation.

2. Maintenance of Army of Occupation by French Government. Daily

Rations. Pay, Equipment, Clothing, &c. Amount to be paid by French Government.

3. Maintenance of Fortresses by French Government. Services required by

Commander-in-Chief of Allied Troops to be executed by French Government. French Government to secure accomplishment of services required.

4. Military Line to be occupied by Allied Troops. Territories not to be

occupied by Allied or French Troops. Towns to be Garrisoned by French Troops. Materiel not belonging to Fortresses to be removed by French Grovernment. Infraction of Stipulations to be redressed by French Government. Garrisoning of Fortresses by French Troops.

5. Military Command by General-in-Chief of Allied Troops.

6. Civil Administration, &c, to remain in hands of French Government.

Customs to remain in hands of French Government.

7. Prevention of Abuses of Customs Regulations.

8. Services of the Gendarmerie.

9. Evacuation by Allied Troops. Delivery of Territories and Fortresses to

Allies. Commissioners to ascertain state of Places delivered to Allies. Commissioners to ascertain state of Places occupied by French Troops. Places occupied by French Troops to be delivered up to Allies. Com- missioners to ascertain state of Fortresses and Military Stores, &c, contained therein. Restoration at Expiration of Temporary Occupa- tion.

Additional Article.

Mutual Delivery of Military Deserters. Delivery of Deserters previous to Signature of Treaty.

Annex.

Tariff annexed to Convention.

356

No. 42] GREAT BRITAIN, &c, AND FRANCE. [20 Nov., 1815. [2nd Peace of Paris. Military Line.]

(English version.*)

Convention between Great Britain and France, concluded in con- formity to Article V of the Principal Treaty (No. 40), relative to the Occupation of a Military Line in France, by an Allied Army.f

Composition of Army of Occupation.

Art. I. The composition of the Army of 150,000 men, which, in virtue of Article V of the Treaty of this day (No. 40), is to occupy a Military Line along the Frontiers of France, the force and nature of the contingents to be furnished by each Power, as well as the choice of the Generals who are to command those troops, shall be determined by the Allied Sovereigns.

Maintenance of Army of Occupation by French Government.

Art. II. This Army shall be maintained by the French Go- vernment, in the manner following : —

The lodging, the fuel, and lighting, the provisions and forage, are to be furnished in kind.

Daily Rations.

It is agreed that the total amount of Daily Rations shall never exceed 200,000 for men, and 50,000 for horses, and that they shall be issued according to the tariff annexed to the present Convention.

Pay, Equipment, Clothing, tyc.

With respect to the pay, the Equipment, the Clothing, and other incidental matters, the French Government will provide for such expense, by the payment of a sum of 50,000,000 of francs per annum, payable in specie from month to month, from the 1st of December of the year 1815, into the hands of the Allied Commissioners.

Amount to be paid by French Government.

But the Allied Powers, in order to concur as much as possible in every thing which can satisfy His Majesty the King of France, and relieve his subjects, consent that only 30,000,000 of francs,

* For French version, see " State Papers," vol. iii, p. 298.

t The Stipulations of the Conventions concluded on the same day, between Austria, Prussia, and Russia, and France, upon this subject, were, verbatim the same as those of this Convention.

357

20 Nov., 1815.] GREAT BRITAIN, &c, AND FRANCE. [No. 42 [2nd Peace of Paris. Military Line].

on account of pay, shall be paid in the first year, on condition of the difference being made up in the subsequent years of the Occupation.

Maintenance of Fortresses by French Government.

Art. III. France engages equally to provide for the keeping up of the Fortifications, and of the buildings of the military and civil administrations, as well as for the arming and provisioning the Fortresses which, in virtue of Article V of the Treaty of this day (No. 40), are to remain as a deposit in the hands of the Allied Troops.

Services required by Commander-in-Chief of Allied Troops to be executed by French Government.

These respective services, which are to be regulated upon the principles adopted by the French administration of the War De- partment, shall be executed upon a demand, addressed to the French Government by the Commander-in-Chief of the Allied Troops, with whom some plan shall be agreed upon for ascertain- ing what may be needful, and concerting the measures necessary to remove all difficulties which may arise, and for accomplishing the object of this Stipulation, in a manner equally satisfactory to the interests of the respective Parties.

French Government to secure accomplishment of Services required.

The French Government will take such measures as it shall judge to be the most effectual, for securing the accomplishment of the different services stated in this and in the preceding Article ; and will concert to that effect with the Commander-in- Chief of the Allied Troops.

Military Line to be occupied by Allied Troops,

Art. IV. In conformity with Article V of the Principal Treaty (No. 40), the Military Line to be occupied by the Allied Troops, shall extend along the frontiers which separate the Departments of the Pas de Calais, of the North, of the Ardennes, of the Meuse, of the Moselle, of the Lower Rhine, and of the Upper Rhine, from the interior of France.

Territories not to be occupied by Allied or French Troops.

It is further agreed, that neither the Allied Troops nor the

358

No. 42] GREAT BRITAIN, &c, AND FRANCE. [20 Nov., 1815.

[2nd Peace of Paris. Military Line.]

French troops shall occupy (except it be for particular reasons, and by common consent) the territories and districts hereafter named : id est : —

In the Department of the Somme, all the country north of that river, from Ham to where it falls into the sea.

In the Department of the Aisne, the districts of St. Quentin, Vervins, and Laon.

In the Department of the Marne, those of Rheims, St. Mene- hould, and Vitry ;

In the Department of the Upper Marne, those of St. Dizier and Joinville.

In the Department of the Meurthe, those of Toul, Dieuze, Sarrebourg, and Blamont.

In the Department of the Vosges, those of St. Diez, Brugeres, and Remiremont.

The District of Lure, in the Department of the Upper Saone, and that of St. Hyppolite, in the Department of the Doubs.

Towns to be Garrisoned by French Troops.

Notwithstanding the occupation by the Allies of the portion of Territory fixed by the Principal Treaty (No. 40), and by the present Convention, His Most Christian Majesty may, in the Towns situated within the territory occupied, maintain garrisons, the number of which, however, shall not exceed what is laid down in the following enumeration : —

			Men.
At Calais	. .	• • • • •	. 1,000
„ Gravelines	. .	• • . . •	500
„ Bergues	. •	• • • ■ «	500
„ St. Omer	. .	• • • • •	. 1,500
„ Bethune	, .	• • • « •	500
„ Montreuil	. .	• « • • •	500
„ Hesdin	• •	• • a « •	250
„ Ardres	. .	■ • • • •	150
„ Aire . .	. .	• «	500
„ Arras	. .	* > • • •	. 1,000
„ Boulogne		• «	300
„ St. Venant	• •	• • • • •	300
„ Lille . .	• s	• • • • •	. 3,000
„ Dunkirk and its Forts	. 1,000
„ Douay and Fort de Scarpe . .	. 1,000
		359

20 NOV., 1815.] GREAT BRITAIN, &c, AND FRANCE. [2nd Peace of Paris. Military Lire.]

[No. 42

	Men.
At Verdun	500
}j i-VXCtZ # a • « ,, • |	. . 3,000
„ Lauterburg	200
„ Weissenburg	150
„ Lichtenberg	150
„ Petite Pierre	100
„ Phalsburg	600
„ Strasburg	. . 3,000
„ Schlestadt . .	. . 1,000
„ Neuf Brisach and Port Mort	ier . . 1,000
„ Belfort	. . 1,000

Materiel not belonging to Fortresses to be removed by French

Government.

It is, however, well understood, that the Materiel belonging to the Engineer and Artillery Departments, as well as such articles of military equipment as do not properly belong to those Fortresses, shall be withdrawn from them, and shall be transported to such places as the French Government shall think fit, provided those places are situated without the line occupied by the Allied Troops, and without the districts in which it is agreed not to leave any troops, either Allied or French.

Infraction of Stipidations to be Redressed by French Government.

If any infraction of the above stipulations should come to the knowledge of the Commander-in-Chief of the Allied Armies, he shall make his representations on the subject to the French Government, which engages to do what is right thereupon.

Garrisoning of Fortresses by French Troops:

The Fortresses abovementioned being at this moment unpro- vided with garrisons, the French Government can place therein, as soon as it shall think fit, the number of troops fixed as above ; apprizing always before hand the Commander-in-Chief of the Allied Troops, in order to avoid any difficulty and delay which the French troops might experience in their march.

Military Command by General-in-Chief of Allied Troops.

Art. V. The Military Command in the whole extent of the Departments which shall remain occupied by the Allied Troops,

360

No. 42] GREAT BRITAIN, &c, AND FRANCE. [20 Nov., 1815.

[2nd Peace of Paris. Military Line.]

shall belong- to the General-in-Chief of those troops ; it is, how- ever, distinctly understood, that it shall not extend to the For- tresses which the French troops are to occupy, in virtue of Article IV of the present Convention nor to a rayon of 1,000 toises around each of those places.

Civil Administration, #c, to remain in hands of French Government.

Art. VI. The Civil Administration, the Administration of Justice, and the collection of taxes and contributions of all sorts, shall remain in the hands of the agents of His Majesty the King of France.

Customs to remain in hands of French Government.

The same shall be the case with respect to the Customs. They shall remain in then present state, and the Commanders of the Allied Troops shall throw no obstacle in the way of the mea- sures to be taken by the officers employed in that service, to prevent frauds ; they shall even give them in case of need, succour and assistance.

Prevention of Abuses of Customs Regulations.

Art. VII. To prevent all abuses which might affect the regu- lations of the Customs, the clothing, and equipments, and other necessary articles destined for the Allied Troops, shall not be allowed to enter, except they be furnished with a certificate of origin, and in pursuance of a communication to be made by the commanding officers of the different corps, to the General-in-Chief of the Allied Army, who will, on his part, cause information to be given thereof to the French Government, who will, in conse- quence thereof, issue the proper orders to their officers employed in the administration of the Customs.

Services of the Gendarmerie. Art. VIII. The service of the Gendarmerie being acknowledged as necessary to the maintenance of order and public tranquillity, shall continue, as hitherto, in the countries occupied by the Allied Troops.

Evacuation by Allied, Troops.

Art. IX. The Allied Troops, with the exception of those that are to form the Army of Occupation, shall evacuate the Territory of France in 21 days, after the signature of the Principal Treaty.

361

20 NOV., 1815.] GREAT BRITAIN, &c, AND FRANCE. [No. 42 •

[2nd Peace of Paris. Military Line.]

Delivery of Territories and Fortresses to Allies.

The Territories which, according to that Treaty, are to be ceded to the Allies, as well as the Fortresses of Landau and Sarre- Louis, shall be delivered up by the French authorities and troops, in 10 days from the date of the signature of the Treaty.

Those places shall be given up in the state in which they were on the 20th of September last.

Commissioners to ascertain State of Places delivered to Allies.

Commissioners shall be named on both sides, to ascertain and declare that state, and to deliver and receive respectively the artillery, the military stores, plans, models, and archives, belonging as well to the said places as to the different districts ceded by France, according to the Treaty of this day.

Commissioners to ascertain State of Places occupied by French

Troops.'

Commissioners shall also be named, to examine and ascertain the state of those places still occupied by the French Troops, and which, according to Article V of the Principal Treaty (No. 40), are to be held in deposit, for a certain time, by the Allies.

Places occupied by French Troops to be delivered up to Allies.

These places shall also be delivered up to the Allied Troops in 10 days, from the date of the signature of the Treaty.

Commissioners to ascertain State of Fortresses and Military Stores, <J-c,

contained therein.

Commissioners shall also be named by the French Government, on the one part, and by the General Commanding-in-Chief the Allied Troops destined to remain in France, on the other ; also by the General Commanding the Allied Troops which are at present in possession of the Fortresses of Avesnes, Landrecies, Maubeuge, Rocroy, Givet, Montmedy, Longwy, Mezieres, and Sedan, to ascertain and declare the state of those places, and of the mili- tary stores, maps, plans, models, &c, which they shall contain, at the moment which shall be considered as that of the occupation in virtue of the Treaty.

362

No. 42] GKEAT BRITAIN, &c, AND FRANCE. [20 Nov., 1815.

[2nd Peace of Paris. Military Line.]

Restoration at Expiration of Temporary Occupation.

The Allied Powers engage to restore, at the expiration of the temporary Occupation, all the places named in Article V of the Principal Treaty, in the state in which they shall have been found at the time of that occupation, save and except the damages which may have been caused by time, and which the French Government should not have provided against by the necessary repairs.*

Done at Paris, this 20th day of November, in the year of Our

Lord, 1815.

(L.S.) CASTLEREAGII.

(L.S.) RICHELIEU. (L.S.) WELLINGTON.

Additional Article. Deserters. Paris, 20th November, 1815.

(Translation.)

Mutual Delivery of Military Deserters.

The High Contracting Parties having agreed, by Article V of the Treaty of this day, to occupy for a certain period with an Allied Army, military positions in France ; and being desirous of anticipating all that might hazard the order and discipline which it is so important to maintain in that Army, it is determined upon by the present Additional Article, that every Deserter who, from either of the corps of the said Army, should go over to the French side, shall immediately be arrested by the French authorities, and delivered up to the nearest Commander of the Allied Troops, in like manner as all Deserters from the French troops, who might come over towards the Allied Army, shall be immediately delivered up to the nearest French Commandant.

Delivery of Deserters previous to Signature of Treaty.

The tenor of this Article is to apply equally to such Deserters from either side, who may have forsaken their colours previously to the signature of the Treaty ; the same to be without delay restored and delivered up to the respective corps to which they may belong.

The present Additional Article shall have the same force and validity, as if it were inserted, word for word, in the Military Con- vention of this day.

* See Convention of 9th October, 1818. 363

20 Nov.. 1815.] GrREAT BRITAIN, &c, AND FRANCE. [No. 42 [2nd Peace of Paris. Military Line.]

In faith whereof, the respective Plenipotentiaries have signed it, and have affixed thereunto the Seal of their Arms.

Done at Paris, the 20th November, in the year of Our Lord, 1815.

(L.S.) CASTLEREAGH. (L.S.) WELLINGTON. (L.S.) RICHELIEU.

{Annex.)- —Tariff annexed to the Convention relative to the Occupation of a Military Line in France by an Allied Army.

I. Provisions, Forage, Quarters, and Fuel. Ordinary Portion of the Soldier.

Two pounds (poids de marc) of meslin bread, or If of a pound of flour, or 1} of a pound of biscuit.

Quarter of a pound of oatmeal or grits, or ^ of a pound of rice, or £ of a pound of fine wheaten flour, peas, or lentils, or I of a pound of potatoes, carrots, turnips, or other fresh vege- tables.

Half a pound of fresh meat, or f of a pound of bacon.

One-tenth of a litre of spirits, or \ of a litre of wine, or 1 litre of beer.

One-thirtieth of a pound of salt.

1. In case the troops should be quartered on the inhabitants, they shall enjoy the use of fire and candle ; in barracks, wood for the rooms and kitchens ; and lights for the rooms and cor- ridors shall be allowed, according to circumstances, in exact pro- portion to what is strictly necessary. The same shall be ob- served with respect to the Guard.

2. Substitutes for the usual articles of the ration are not to be given at the discretion of the troops, but according to circum- stances.

The articles of provision shall, where practicable, be varied according to the season, giving generally a preference to farina- ceous vegetables.

Bacon may be given where the troops are willing to receive it.

3. Flour, for bread, shall not be given in lieu of bread, ex- cepting with the consent of the troops; and in that case, wood, and the necessary conveniences for baking, must be granted ; biscuit shall be given only in case of a movement, or of necessity,

364

No. 42] GEEAT BEITAIN, &C, AND EEANCE. [20 Nov., 1815. [2nd Peace of Paris. Military Line.]

or to complete the ten days' supply in reserve, with which the troops should be provided in their flying hospitals.

This store shall be furnished in addition to the daily supply ; moreover in order to ensure a regular supply, it is to be under- stood that, within the space of two months, the magazines are to be so provisioned, that there be always a supply of provisions and forage (meat excepted) in store for a fortnight in advance, under the inspection of the French Storekeepers.

The Commissaries of the several Corps d'Armee shall be authorised to inspect this store in reserve when they may think proper.

4. The meat shall be delivered slaughtered, without including the head, feet, lights, liver, and other internal parts. If, with the consent of the troops, live cattle be delivered, the weight shall be fixed by an exact computation, including the head, the fat, and whatever is eatable.

The hides shall, in this case, belong to the troops.

5. On a march, and on other occasions where the soldier shall be fed par e'tape, the same tariff shall be in force ; the soldier shall then receive his portion, or an adequate equivalent, prepared and divided into two meals, and in the morning a portion of bread and spirits.

6. Receipts shall be granted by regiments, companies, and detachments, for the number of rations and portions received ; which receipt shall be revised and confirmed in each corps, by a Mixed Commission, whose official expenses shall be regulated and paid by the French Government.

7. As several of the troops are accustomed to tobacco for smoking, and as the soldier will not be able to purchase this article at the very high price that exists in France, it is stipu- lated, that regiments, companies, or detachments, shall be entitled to demand half a kilogramme of tobacco, per month, for each man present, on paying 60 centimes for each half kilogramme of the most inferior quality sold in the shops, but fresh. In order to prevent any contraband practices arising therefrom, upon the issues to be distributed amongst the regiments, there shall be specified the quantities of tobacco delivered.

Officer's Portion. Two pounds of white bread. Quarter of a pound of fine grits, or substitutes. Two pounds of meat.

365

20 NOV., 1815.] GREAT BRITAIN, &c, AND FRANCE. [2nd Peace of Paris. Military Line.]

[No. 42

A portion of liquor of good quality.

Two tallow candles, eight to the pound.

To prevent inconvenience, it were to be wished, that this part of the portion should be estimated at a certain sum per diem, for all the Corps d'Armee, and should always be given iu money.

Moreover, ^ of a stere of hard firewood, or, according to circumstances, soft wood, coal, or turf, in the proportion esta- blished in the French Service.

This part of the portion shall be always given in kind, except during a march. The summer ration shall be one-half that of the winter, and there shall be reckoned six months to the winter.

In those provinces where coal is generally burnt, the com- mutation between wood and coal shall be made, as well for the Officer as for the soldier, according to the tariff of commutation of the same articles in use in the French Army.

Likewise the quarters, with beds and bedding.

The portions and the quarters shall be given to the Officers according to the following table : —

Rank.	Number of portions of pro- visions.	Number of rations of fuel.	Number of suitable apart- ments.	Number of places for Servants	Observations.
Captains of Cavalry, of Infantry, and	1 • 3 4 5 7 9 • 12	1 2 3 3 3 4 5	1 2 3 3 3 i 5	1 to 2 3 4^ 4_ r 51 i < 7 ••<	Commanding a Regiment, one additional ration of provision and fuel, one room, one servant's room more.
Lieutenant- Colonels
Major-Generals .... Lieutenant- Generals *Generals of Cavalry, of Infantry, or commanding a Corps d'Armee. . .	Commanding a Division or at- tached to the Staff, one por- tion more of each article. * They shall be lodged in suit- able hotels, pro- perly supplied with fuel.

36fi

No. 42] GREAT BRITAIN, &c, AND FRANCE. [20 Nov., 1815.

[2nd Peace of Paris. Military Line.]

1. The servant shall likewise receive the portion of the soldier, but only when borne as effective on the muster-roll, and not beyond the number allowed in each Army.

2. The Civil and Medical Departments shall be assimilated with the Military, in every thing, according- to their respective ranks.

3. In case of necessity, more particularly on a march, a smaller number of apartments shall suffice. In barracks the quarters shall be regulated according to circumstances, and con- jointly with the Commandants.

Forage. — Light Ration.

Oats, 4 of a bushel. Hay, 10 pounds. Straw, 3 pounds.

Heavy Ration.

Oats, 1 bushel (Paris measure). Hay, 10 pounds. Straw, 3 pounds.

1. The heavy ration shall be given for the saddle horses of Officers, for horses of regular cavalry, light and heavy, for artil- lery horses that draw the guns and caissons.

All other horses, including cossack horses, shall receive only the light ration, except by the rules of the service of each Army there should be other draft horses entitled to the heavy ration.

On a march which may continue for more than four days, all the horses on the march shall receive the heavy ration.

2. The forage may be varied in case of necessity, by reckon- ing six rations of barley, and, in extreme scarcity, as many of rye, for eight rations of oats ; and half a light ration of oats for five pounds of hay. The latter substitute may be demanded as a matter of right, by those troops whose ration of hay is gene- rally under ten pounds, and that of oats more liberal.

3. Straw shall be furnished from the magazines for the stables of the barracks, and the dung shall belong to the troops who are to remove it themselves.

When quartered on the inhabitant, he shall supply straw according to the tariff, and shall have the advantage of the dung.

4. Stabling shall be granted to regiments and companies for

367

20 Nov., 1815.] GREAT BRITAIN, &c, AND FRANCE. [No. 42

[2nd Peace of Paris. Military Line.]

the effective number of horses, also light and accommodation for the guard, and place for the bag-gage and forage.

5. Forage for the horses of the Officers of different ranks shall be given to each Army, according to the regulations in force with them respectively, previous to the date of the present tariff. It shall be delivered according to such Returns, without any deduction.

Officers shall claim stable -room for the actual number of their horses, and room for their baggage and forage, but not candle- light. For each horse there shall be allotted a space of 8 feet long and 4 feet broad.

General Remarks.

Beyond the present tariff, the troops shall not be entitled to claim anything, and shall be obliged to purchase at their own expense the articles not comprehended in it, such as soap, butter, chalk, pipe-clay, &c.

With respect to guard-houses and sentry-boxes, the towns will provide for them at their own expense.

II. Hospitals.

The administration of the Hospitals shall in general be in the hands of the French authorities, according to the established order ; but in the subsistence of the sick, respect shall be had to the Regulation published by each Army on its "entrance into France. Everything necessary, medicines included, shall be pro- vided at the expense of the French Government. On the other hand, nothing shall be granted for Regimental Hospitals, beyond the usual portions and quarters, which shall be claimed by regi- ments for their sick, as well as for their effective. Each Corps d'Armee shall send to the Hospital destined for its sick, the necessary medical or other assistance, to secure proper treatment. All soldiers sent to the Hospitals shall be received, and the Hos- pitals shall be established at convenient distances.

III. Transport.

When the troops are on a march, carriages shall be furnished by the French Government, on the demand of the Commander- in-Chief. The same rule shall be observed for the transport of tlie sick. The necessary relays for the communication between different parts of a Corps d'Armee shall also be granted ; but the

368

No. 42] GREAT BRITAIX, &c, AXD FRANCE. [20 Nov,, 1815' [2nd Peace of Paris. Military Line.]

greatest moderation shall be observed on this subject. With respect to the conveyance of military effects to the Army from beyond the French frontier, such conveyances shall be made by relays of the country, only till the 1st of February, 181(1, and merely for moderate quantities.

IV. Posts, Dispatches, Couriers, $rc.

All Dispatches connected with the interior service of the different corps, and correspondence with the French authorities, bearing an Official Seal, shall be received and forwarded, without payment, at the usual posts. Estafettes and private letters of the Military shall be paid for at the usual prices. Couriers and travellers, military or otherwise, shall pay punctually for post- horses.

V. Douanes.

Articles for the clothing of the troops shall enter free from duty, on Certificates well authenticated. Military persons joining the Armies, or leaving France, shall be exempt from payment of all duties, on whatever is for their own use, or that of the troops.

Agreed upon, and signed at Paris, the 20th of November, in the year of Our Lord, 1815.

(L.S.) CASTLEREAGH. (L.S.) RICHELIEU. (L.S.) WELLINGTON.

369 9. b

20 Nov., 1815.] GREAT BRITAIN, ic, AND FRANCE. [No. 43 [Neutrality of Switzerland and Parts of Savoy.]

No. 43. — ACT, signed by the Protecting Powers, Austria, France, Great Britain, Prussia and Russia, for the acknow- ledgment and Guarantee of the Perpetual Neutrality of Switzerland, and the Inviolability of its Territory. Paris, 20th November, 1815.

(Translation as laid before Parliament.*)

The Accession of Switzerland to the Declaration published at Vienna the 20th March, 1815 (No. 9), by the Powers who signed the Treaty of Paris (No. 1), having been duly notified to the Ministers of the Imperial and Royal Courts, by the Act of the Helvetic Diet on the 27th of the month of May following (No. 20), there remained nothing to prevent the Act of Acknowledgment and Guarantee of the perpetual Neutrality of Switzerland from being made conform- ably to the above-mentioned Declaration. But the Powers deemed it expedient to suspend till this day the signature of that Act, in consequence of the changes which the events of the war, and the arrangements which might result from it might possibly occasion in the limits of Switzerland, and in respect also to the modifica- tions resulting therefrom, in the arrangements relative to the federated territory, for the benefit of the Helvetic Body.

These changes being fixed by the stipulations of the Treaty of Paris signed this day (No. 40), the Powers who signed the Decla- ration of Vienna of the 20th March declare, by this present Act, their formal and axithentic Acknowledgment of the perpetual Neutrality of Switzerland ; and they Guarantee to that country the Integrity and Inviolability of its Territory in its new limits, such as they are fixed, as well by the Act of the Congress of Vienna (No. 27) as by the Treaty of Paris of this day (No. 40), and such as they will be hereafter; conformably to the Arrangement of the Protocol of the ord November, extract of which is hereto annexed (No. 38), which ■ tipulates in favour of the Helvetic Bod// a new increase of Territory, to In' taken from Savoy, in order to disengage from Enclaves, and complete the circle of the Canton of Geneva.

The Powers acknowledge likewise and guarantee the Neutrality of those parts of Savoy designated by the Act of the Congress of

* For French Version, see " State Papers," vol. iii, p. 359.

370

No. 43] GREAT BRITAIN, &c, AND FRANCE. [20 Nov., 1815, [Neutrality of Switzerland and Parts of Savoy.]

Vienna of the 20th May, 1815 (No. 19), and by the Treaty of Paris signed this day (No. 40), the same being entitled to participate in the Neutrality of Switzerland, equally as if they belonged to that country.*

The Powers who signed the Declaration of the 20th of March (No. 9) acknowledge, in the most formal manner, by the present Act, that the Neutrality and Inviolability of Switzerland, and her Independence of all foreign influence, enter into the true interests of the policy of the whole of Europe.

They declare that no consequence unfavourable to the rights of Switzerland with respect to its Neutrality and the Inviolability of its Territory can or ought to be drawn from the events which led to the passage of the Allied Troops across a part of the Hel- vetic States. This passage, freely consented to by the Cantons in the Convention of the 20th May, was the necessary result of the free adherence of Switzerland to the principles manifested 1 >y the Powers who signed the Treaty of Alliance of the 25th March. f

The Powers acknowledge with satisfaction that the conduct of Switzerland under these trying circumstances has shown that she knew how to make great sacrifices to the general good, and to the support of a cause which all the Powers of Europe defended, and that, in fine, Switzerland has deserved the advan- tages which have been secured to her, whether by the Arrange- ments of the Congress of Vienna (No. 27), by the Treaty of Paris of this day (No. 40), or by the present Act, to which all the Powers in Europe are invited to accede.

In faith of which the present Declaration has been concluded and signed at Paris the 20th November, 1815.

The Signatures follow in the Alphabetical Order of the Courts.

LE PRINCE DE METTERNICII. LE BARON DE WESSENBERG.

RICHELIEU.

CASTLEREAGII. WELLINGTON.

LE PRINCE DE IIARDENBERG. LE BARON DE HUMBOLDT. LE PRINCE DE RASOUMOFFSKI. LE COMTE CAPO D'ISTRIA.

Austria.	(L.S.)
	(L.S.)
France.	(L.S.)
Cheat Britain.	(L.S.)
	(L.S.)
Prussia.	(L.S.)
	(L.S.)
Russia.	(L.S.)
	(L.S.)

* See note as to Events of 1860 and 1870, p. 261.

oi

f See Appendix. 2 b 2

20 NOV., 1815.] GREAT BRITAIN AND AUSTRIA, &c. [No. 44

[Alliance of 4 Powers. Peace of Europe.]

No. 44. — TREATY of Alliance and Friendship between Great Britain, Austria (Prussia, and Russia). Signed at Paris, 20th November, 1815.

Art. Table.

Preamble. Alliance and Friendship. Proceedings of Napoleon Bona- •parte. Guarantee of Peace to Europe.

1. Execution of Treaties of Peace, &c, with France, of 20th November, 1815.

2. Confirmation of Arrangements of 1814 and 1815. Exclusion of Bona-

parte Family from Supreme Power in France. Measures of General Security.

3. Military Line in France. Renewal of Alliance of Chaumont.

4. Additional Forces in the event of War. Conditions of Peace.

5. Duration of Engagements.

0. Renewal of Meetings of the Allies for maintenance of Peace of Europe. 7. Ratifications.

(Translation as laid before Parliament.*) In the Name of the Most Holy and Undivided Trinity. The purpose of the Alliance concluded at Vienna the 25th day of March, 1815,f having been happily attained by the re-esta- blishment in France of the order of things which the last criminal attempt of Napoleon Bonaparte had momentarily subverted ; Their Majesties the King of the United Kingdom of Great Britain and Ireland, the Emperor of Austria, King of Hungary and Bohemia, the Emperor of all the Russias, and the King of Prussia, considering that the repose of Europe is essentially in- terwoven with the confirmation of the order of things founded on the maintenance of the Royal Authority and of the Constitu- tional Charter, and wishing to employ all their means to prevent the general Tranquillity (the object of the wishes of mankind and the constant end of their efforts), from being again disturbed ; desirous moreover to draw closer the ties which unite them for the common interests of their people, have resolved to give to the principles solemnly laid down in the Treaties of Chaumont of the 1st March, 1814,f and of Vienna of the 25th of March, 1815,| the application the most analogous to the present state of affairs, and to fix beforehand by a solemn Treaty the principles which they propose to follow, in order to guarantee Europe from dangers by which she may still be menaced ; for which purpose the High Contracting Parties have named to discuss, settle and gign the conditions of this Treaty, namely ;

* For French Version, see " State Papers," vol. hi., p. 273.

t See Anpendix. '■>—.>

No. 44] GREAT BRITAIN AND AUSTRIA, &c. [20 Nov., 1815.

[Alliance of 4 Powers. Peace of Europe].

His Majesty the King of the United Kingdom of Great Britain and Ireland, the Eight Honourable Robert Stewart Viscount Castlereagh, &c, &c, &c, and the Most Illustrious and Most Noble Lord Arthur, Duke, Marquis and Earl of Wellington, Marquis of Douro, Viscount Wellington of Talavera and of Wellington, and Baron Douro, of Wellesley, &c, &c, &c,

And His Majesty the Emperor of Austria, King of Hungary and Bohemia, the Sieur Clement Wenceslas Lothaire, Prince of Mettemich-Winnebourg-Ochsenhausen, &c, &c, and the Sieur John Philip Baron of Wessenberg, &c, &c, who, after having exchanged their full powers, found to be in good and due form, have agreed upon the following Articles :

Execution of Treaties of Peace, §c, with. France, of 20th November, 1815.

Art. I. The High Contracting Parties reciprocally promise to maintain, in its force and vigour, the Treaty signed this day with His Most Christian Majesty (No. 40), and to see that the stipula- tions of the said Treaty, as well as those of the Particular Con- ventions which have reference thereto (Nos. 41, 42, 45, 46), shall be strictly and faithfully executed in their fullest extent.

Confirmation of Arrangements of 1814 and 1815. Exclusion of Bonaparte Family from Supreme Power in France. Measures of General Security.

Art. II. The High Contracting Parties, having engaged in the War which has just terminated, for the purpose of maintaining inviolably the Arrangements settled at Paris last year (No. 1), for the safety and interest of Europe, have judged it advisable to renew the said Engagements by the present Act, and to confirm them as mutually obligatory, subject to the modifications contained in the Treaty signed this day with the Plenipotentiaries of His Most Christian Majesty (No. 40), and particularly those by which Napo- leon Bonaparte and his family, in pursuance of the Treaty of the 11th- of April, 1814,* have been for ever excluded from Supreme Power in France, which exclusion the Contracting Powers bind themselves, by the present Act, to maintain in full vigour, and, should it be necessary, with the whole of their forces.f And as the * See Appendix.

f Prince Louis Napoleon Bonaparte was proclaimed President of the French Republic, 20th December, 1848, and Emperor of the French, by the title of Napoleon III, on the 2nd December, 1852. These titles were recog- nized by all the Powers of Europe.

373

20 NOV., 1815.] GREAT BRITAIN AND AUSTRIA, &C. [No. 44

[Alliance of 4 Powers, Peace of Europe].

same Revolutionary Principles which upheld the last criminal usurpation, might again, under other forms, convulse France, and thereby endanger the repose of other States ; under these circum- stances, the High Contracting Parties solemnly admitting it to be their duty to redouble their watchfulness for the tranquillity and interests of their people, engage, in case so unfortunate an event should again occur, to concert amongst themselves, and with His Most Christian Majesty, the measures which they may judge necessary to be pursued for the safety of their respective States, and for the general Tranquillity of Europe,

Military Line in France. Renewal of Alliance of Chaumont.

Art. III. The High Contracting Parties, in agreeing with His Most Christian Majesty that a Line of Military Positions in France should be occupied by a corps of Allied Troops during a certain number of years (No. 42), had in view to secure, as far as lay in their power, the effect of the stipulations contained in Articles I and II of the present Treaty, and, uniformly disposed to adopt every salutary measure calculated to secure the Tranquillity of Europe by maintaining the order of things re-established in France, they engage, in case the said body of troops should be attacked or menaced with an attack on the part of France, that the said Powers should be again obliged to place themselves on a war establishment against that Power, in order to maintain either of the said stipulations, or to secure and support the great interests to which they relate, each of the High Contracting Parties shall furnish, without delay, according to the stipulations of the Treaty of Chaumont,* and especially in pursuance of Articles VII and VIII of this Treaty, its full contingent of 00,000 men, in ad- dition to the forces left in France, or such part of the said contingent as the exigency of the case may require, should be put in motion.

Additional Forces in the event of War. Conditions of Peace.

Art. IV. If, unfortunately, the forces stipulated in the preced- ing Article should be found insufficient, the High Contracting Parties will concert together, without loss of time, as to the additional number of troops to be furnished by each for the sup- port of the common cause; and they engage to employ, in case of need, the whole of their forces, in order to bring the War to a speedy and successful termination, reserving to themselves the * 1st March, 1814. See Appendix. 374

No. 44] ftREAT BRITAIN AND AUSTRIA, &c. [20 Nov., 1815, [Alliance of 4 Powers, Peace of Europe.]

right to prescribe, by common consent, such conditions of Peace as shall hold out to Europe a sufficient guarantee against the recurrence of a similar calamity.

Duration of Engagements. Art. V. The High Contracting Parties haviug agreed to the dispositions laid down in the preceding Articles, for the purpose of securing the effect of their engagements during the period of the temporary occupation, declare, moreover, that even after the expiration of this measure, the said engagements shall still remain in full force and vigour, for the purpose of carrying into effect such measures as may be deemed necessary for the main- tenance of the stipulations contained in Articles I and II of the present Act.

Renewal of Meetings of the Allies for Maintenance of Peace of

Europe.

Art. VI. To facilitate and to secure the execution of the present Treaty, and to consolidate the connections which at the present moment so closely unite the Four Sovereigns for the hap- piness of the world, the High Contracting Parties have agreed to renew their Meetings at fixed periods, either under the immediate auspices of the Sovereigns themselves, or by their respective Ministers, for the piirpose of consulting upon their common interests, and for the consideration of the measures which at each of those periods shall be considered the most salutary for the repose and prosperity of Nations, and for the maintenance of

the Peace of Europe.

Ratifications.

Art. VII. The present Treaty shall be ratified, and the Ratifi- cations shall be exchanged within two months, or sooner, if possible.

In faith of which the respective Plenipotentiaries have signed it, and affixed thereto the Seal of their Arms.

Done at Paris, the 20th of November, in the year of Our Lord, 1815.

(L.S.) CASTLEREAGH. (L.S.) METTERNICH.

(L.S.) WELLINGTON. (L.S.) WESSENBERG.

[Note. — Separate Treaties were signed on the same clay by the Plenipotentiaries of Great Britain, Russia, and Prussia, respectively.]

375

20 Nov., 1815.] GREAT BRITAIN, &C., AND FRANCE. [No. 4 [2nd Peace of Paris. Private Claims on France.]

N0# 45.— CONVENT.ION between Great Britain* {Austria, Prussia, and Russia), and France, relative to the Claims of the Subjects of the Allied Powers upon France. Signed at Pans, 20th November, 1815.

[This Convention was annexed to the Definitive Treaty of the same date. See Arts. IX, XII.]

Art. Table.

Convention between Great Britain and France, concluded in conformity to Article IX of the Principal Treaty, relative to the Examination and Liquidation of the Claims upon the French Grovernment.

1. Confirmation of Articles XIX to XXVI, XXX, and XXXI of Treaty

of 30th May, 1814.

2. Liquidation by France of Claims of Subjects of Allied Powers. Par-

ticular Claims to which Liquidation Extends. Supplies and De- liveries. Production of Vouchers. Regulation of Prices. Arrears of Pay and Allowances, &c. Production of Vouchers. Vouchers for Claims of Civil Hospitals. Restitution of Funds by French Post Office. Exceptions. Loans to French Authorities. National Domains. Indemnities. Reimbursement of Advances. Loss of Ground and Demolition and Destruction of Buildings.

3. Hamburgh Bank Claims.

4. Claims for Seizure of Colonial Goods in 181 3. Payment in Inscriptions

on Great Book of the Public Debt.

5. Appointment of Commissioners of Liquidation and Arbitration. Ap-

pointment of Commissioners. Duties of Commissioners of Liquida- tion. Duties of Arbitrators. Appointment of Record-keepers and Clerks. Commissioners of Arbitration to decide Cases in which Commissioners of Liquidation disagree. Composition of Commission of Arbitration. Arbitrators to be Summoned by Record-keeper. Notification of Judgment to Commission of Liquidation. Limit of Duties of the Commission. 0. Reimbursement to France of Debts in Countries no longer belonging to France. France to pay Dividends on Inscriptions for Debts on Mortgage on Immovables. Countervailing Accounts to be settled by Mutual Consent.

7. Reductions from Countervailing Accounts.

8. Commission of Arbitration to be appointed to Settle Claim of Nether-

lands to Interest of Debt of Holland. Composition of Commission. Oath to be taken by Commissioners. Commissioners of Liquidation to submit their opinions to the Arbitrators for decision.

i The Stipulations of the Conventions upon this subject, concluded at the same time, between Great Britain and Austria, Prussia, and Russia, were, verbatim, the same, as this Convention; which was distinguished as Conven- tion " No. 13 " in the Papers laid before Parliament.

376

No. 45] GREAT BRITAIN, &c, AND FRANCE. [20 Nov., 1815 ' [Snd Peace of Paris. Private Claims on Prance.]

Akt. Table {continued).

9. Liquidation of Debts of Countries celed to France. Basis ou which Commissioners of Liquidation are to regulate themselves.

10. Reimbursement of Securities.

11. Funis deposited by Com nunes and Public Establishments.

12. Funds of Caisse d' Agriculture of Holland.

13. Commissioners of Ciaims to Liquidate Claims of Pensions, &c, of

Persons no longer French Subjects. Securities. Caisse d'Ainjrtisse- ment, and Caisse de Service, &c. 11. Arrears of Pensions.

15. Restitution of Archives, Maps, &c, of Ceded Countries.

16. Limit of Time for Presentation of Claims.

17. Payment of Claims Adjudicated.

18. Interest on Debts.

19. Periods for "Payment of Claims.

20. Appointment of Trustees to receive yearly Revenue. Income to be

received every 6 months. Amount to be Funded. Insufficiency of Income to be made up. Disposal of Additional Inscriptions. Surplus of Inscriptions to be made over to French Government.

21. Examination of Abstract of Liquidation.

22. Renewal of Engagement by Sovereigns of Countries which have ceased

to belong to France.

23. Renewal of Engagement to refund to French Subjects claims on Ac-

count of Securities, &c. 2-i. Right of French Government to make certain Deductions.

25. Proceedings against Persons for Non-payment of Bills Accepted by them

previous to May 30, lSlli.

26. Rules laid down to apply to Debts which' France may claim from

Governments of Countries Detached from France.

Additional Article. Claim of Counts of Sentheim* and Steinfurth.

Separate Article. France and Bi/ssia.

Accession of France to the Arrangements of 1811 respecting the Duchy of Warsaw.

* See Prussian Patent, 3rd October, 1866.

377

20 Nov., 1815.] GREAT BRITAIN, &c, AND FRANCE. [No. 45 [2nd Peace of Paris. Private Claims on France.]

(Translation as laid before Parliament.*)

Convention between Great Britain, eje, and France concluded in con- formity to Article IX of the Principal Treat)/, relative to the Examination and Liquidation of the Claims vpon the French Government.^

In order to remove the Difficulties which have arisen in tlie execution of divers Articles of the Treaty of Paris of the oOth May, 1814 (No. 1), and especially of those relating to the Claims of Subjects of the Allied Sovereign Powers, the High Contracting Parties, beiug' desirous of enabling their respective subjects speedily to enjoy the rights which those Articles en-sure to them, and at the same time prevent as much as possible all controversy which might arise on the interpretation of some of the disposi- tions of the said Treaty, have agreed upon the following Articles :

Confirmation of Articles XIX to XXVI and XXX and XXXI of Treaty of ZQth May, 1814.

Art. I. The Treaty of Paris of the 30th May, 1814 (No. 1) beiug confirmed by Article XI of the Principal Treaty (No. 40), to which the present Convention is annexed, this confirmation extends principally to Articles XIX, XX, XXI, XXII, XXIII, XXIV, XXV, XXVI, XXX, and XXXI of the said Treaty (No. 1) so far as the Stipulations contained in the said Articles have not been altered or modified by the present Act ; and it is expressly agreed that the explanations and developments which the High Contract- ing Parties have thought advisable to give them by the following Articles, shall in no wise prejudice the Claims of any other nature, which may be authorised by the said Treaty, though not specially stipulated by the present Convention.

Liquidation by France of Claims of Subjects of Allied Powers. Art. II. In conformity to this resolution, His Most Christian

* For French version, see " State Papers," vol. iii, p. 315.

t The Stipulations of the Conventions upon this subject, concluded at the same time, between Great Britain and Austria, Prussia, and Russia, were, verbatim, the same as this Convention*, which was distinguished as Conven- tion " No. 13 " in the Papers laid before Parliament. See also Convention of 25th April, 1818, and Additional Arts, of 4th July, 1818.

378

No. 45 j GREAT BRITAIN, &c., AND FRANCE. [20 Nov., 1815. [2nd Peace of Paris. Private Claims on France.]

Majesty engages to cause to be liquidated, in the manner herein- after specified, all Sums which France may be foimcl to owe, in countries out of her territory, as fixed by the Treaty to which the present Convention is annexed, by virtue of Article XIX of the Treaty of Paris of 30th May, 1814 (No. 1), either to Individuals, or to " Communes" or to Private Establishments the revenues of which are not at the disposal of Government.

Particular Claims to which Liquidation extends.

This liquidation shall extend particularly to the following Claims : —

Supplies and Deliveries.

To those arising from Supplies and Deliveries of all kind, furnished by " Communes" or Individuals, and in general by all others but the different branches of the Government, by virtue of Contracts or Arrangements made by the French Administrative Authorities, under promise of payment ; whether the said supplies and deliveries may have been furnished, either to or for the use of military magazines in general, or for the provisioning of towns and fortresses in particular, or, in short, to the French Armies, to detachments of troops or of " Gendarmerie" to the French Admi- nistrations, or the Military Hospitals, or, in fine, for any public service whatsoever.

Production of Vouchers.

These deliveries and supplies are to be vouched by Receipts from the storekeepers, officers, civil or military, commissaries, agents or inspectors, the validity of which shall be acknowledged by the Commission of Liquidation described in Article V of the present Convention.

Regulation of Prices.

The Prices shall be regulated by the contracts or other engage- ments of the French authorities, or in failure thereof, by the market prices of the places, the nearest to that where the delivery shall have taken place.

Arrears of Pay and Alloicances, fyc.

2. To Arrears of Pay and Allowances, travelling expenses, gra- tuities, and other indemnifications, due to military or other persons

379

20 Nov., 1815.] GREAT BRITAIN, &c, AND FRANCE. [No. 45

[2nd Peace of Paris. Private Claims on France.]

employed in the French Army, and become, by the Treaties of Paris of 30th May, 1814 (No. 1), and 20th November, 1815 (No. 40), subjects of another Sovereign Power, during the period when the individuals in question served in the French Armies, or were attached to establishments thereunto belonging, such as hospitals, dispensaries, magazines, &c.

Production of Vouchers.

These demands are to be supported by the production of the necessary Vouchers, as required by the existing military rules and regulations.

Vouchers for Claims of Civil Hospitals.

3. To the reimbursement of expenses for the maintenance of French troops in such Civil Hospitals as did not belong to the Government, inasmuch as the payment of that maintenance has been stipulated for by positive engagements. The quota of the said expenses is to be vouched by abstracts of accounts, certified by the Superintendents of those establishments.

Restitution of Funds hj French Post Office.

4. To the Eestitution of Funds entrusted to the French Post Offices, which have not reached their destination, the event of force being-, however, excepted. .

Exceptions.

5. To the discharge of " Mandate "" Pons " and orders for payment, given either on the Public Treasury of France, or on the " Caisse d'amortissement" or their "annexes," as well as of " Pons" given by this last-mentioned " Caisse ;" which " Mandate" " Pons" and orders have been subscribed to in favour of inhabit- ants, " Communes" or establishments situated in provinces which have ceased to form part of France, or which may be in the hands of the said inhabitants, " Communes" or establishments ; it not being possible for France to refuse payment of the same, on the plea that the objects, by the sale of which the said "Pons" " Mandats," and orders were to be realised, have passed under foreign dominion.

Loans to French Authorities. 0. To Loans made to the French civil and military authorities, under promise of repayment.

380

No. 45] GREAT BRITAIN, &c, AND FRANCE. [20 Nov., 1815. [2nd Peace of Paris. Private Claims on France.]

National Domains Indemnities.

7. To Indemnities granted for non-enjoyment of national domains, let on lease ; to all other indemnity and refunding for leases of national domains, and also for professional attendance, remuneration, and fees for appraising, inspecting, or reporting on the buildings, or other objects, done by order and on account of the French Government ; inasmuch as the said Indemnities, refundings, professional attendance, remuneration, and fees, have been acknowledged to be at the expense of the Government, and legally ordered by the French authorities at the time existing.

Reimbursement of Advances.

8. To the reimbursement of Advances made from the funds of the " Communes," by order of the French authorities, and under promise of repayment.

Loss of Ground and Demolition and Destruction of Buildings.

9. To Indemnities due to individuals for Loss of Ground, the Demolition and Destruction of Buildings, in consequence of orders from the French military authorities, for the enlargement or security of fortresses and citadels ; in such cases where indemnity is due, by virtue of the law of 10th July, 1791, and where there may have been an engagement to pay, either by report of arbi- trators, regulating the amount of the indemnity, or by any other deed of the French authorities.

Hamburgh Bank Claims.* Art. III. The Claims of the Senate of Hamburgh, on account of the Bank of that city, shall be the subject of a Special Con- vention between the Commissioners of His Most Christian Majesty and those of the City of Hamburgh.

Claims for Seizure of Colonial Goods in 1813. Art. IV. Those Claims shall also be liquidated, preferred by several individuals against the execution of a decree, dated Nassen, the 8th May, 1813, by virtue of which Colonial Goods, part of which they had purchased of the French Government, were seized to their detriment, and by virtue of which they have been obliged to pay a second time on cottons, the single and double Custom-house dues, although they had paid, in due time, what they owed lawfully.

* See Convention between Franee and Hamburgh of 27th October, 1816.

3. si

20 Nov., 1815.] GREAT BRITAIN, &c., AND FRANCE. [No 45 [2nd Peace of Paris. Private Claims on France]

Payment in Inscriptions on Great Booh of the Public Debt.

These Claims shall be liquidated by the Commissioners ap- pointed by the Convention of this day, and the amount thereof shall be paid, in Inscriptions on the Great Book of the Public Debt, at a rate not under 75, in the same manner as has been agreed upon with regard to the securities to be refunded.

Appointment of Commissioners of Liquidation and Arbitration.

Art. V. The High Contracting Parties, being- animated by the desire of agreeing on a mode of liquidation, calculated at once to accelerate the same, and promote, in each particular case, a final decision, have resolved, while expounding the arrangements of Article XX of the Treaty of 30th May, 1814 (No. 1), to appoint Commissions of Liquidation, to be employed, in the first place, in the examination of the claims ; and also Commissions of Arbi- tration,* which are to decide on such cases on which the former Commission do not agree.

The mode to be acted upon, in this respect, is to be as follows : —

Appointment of Commissioners.^

1. Immediately after the exchange of the Ratifications of the present Treaty, France, and the other Higli Contracting Parties, or those interested in this object, shall name Commissioners of Liquidation, and Commissioners of Arbitration, or Umpires, who are to reside at Paris, and shall be instructed to direct and carry into execution, the Arrangements contained in Articles XVIII and XIX of the Treaty of 30th May, 1814 (No. 1), and Articles II, IV, VI, VII, X, XI, XII, XIII, XIV, XVII, XVIII, XIX, XXII, XXIII, and XXIV of the present Convention.

Duties of Commissioners of Liquidation.

2. The Commissioners of Liquidation are to be named by all the parties interested, in such numbers as eacli of them may think proper to appoint. They will be instructed to receive and examine,

* See Convention of 27th October, 1816.

+ The Commissioners of Liquidation were : — Mr. Colin Alexander Mackenzie and Mr. George Lewis Newnham. The Commissioners of Arbi- tration were : — Mr. George Hammond and Mr. David Richard Morier. The Commissioners of Deposit were : — Mr. David Richard Morier and Mr. James Drummond. Their appointments were dated 27th December, 1815.

382

No. 45 j GREAT BRITAIN, &c, AND FRANCE. [20 Nov., 1815. [Snd Peace of Paris. Private Claims on France.]

according- to a scale fixed upon for that purpose, and with the least possible delay, and liquidate, if there be just cause, all Claims.

Each Commissioner shall be at liberty to unite in one Com- mittee all the Commissioners of the respective Governments, and to lay before them and cause them to examine the Claims of the Subjects of his Government, or else to treat separately with the French Government.

Duties of Arbitrators.

3. The Arbitrators are to be instructed to decide definitively, and without appeal, on all cases referred to them in conformity to the present Article, by the Commissioners of Liquidation, who may not have been able to agree thereon. All the High Con- tracting Parties, or those interested, may name as many of these Arbitrators as they may think proper ; but eveiy one of these Arbitrators must make oath before the Chancellor of France, and in the presence of the Ministers of the other High Contracting Parties residing at Paris, to pass judgment, without partiality whatever for the parties, according to the principles laid down by the Treaty of the 30th May, 1814 (No. 1), and by the present Convention.

Appointment of Record Keepers and Clerks.

4. As soon as the Arbitrators named by France, and by at least two of the other parties interested, shall have taken this Oath, all the said Commissioners who may be in Paris shall meet, under the Presidency of the Senior Commissioner, for the purpose of arranging the Appointments of one or more of the Recorders or Record Keepers, and of one or more Clerks, who are to be sworn before them, as well as for the purpose of discussing, if necessary, a general system for the dispatch of business, the keeping of the Registers, and other matters of internal regulation.

Commissioners of Arbitration to Decide Cases in which Commissioners

of Liquidation Disagree.

5. The Commissioners appointed to form the Commissions of Arbitration being thus ordained, whenever the Commissioners of Liquidation shall not have agreed on a Case, the Arbitrators are to proceed with the same in the manner hereinafter mentioned.

383

20 NOV., 1815.] GREAT BRITAIN, &c, AND FKANCE. [No. 45 [2nd Peace of Paris. Private Claims on France.]

Composition of Commission of Arbitration.

6. In those cases wherein the Claims are of the nature provided for by the Treaty of Paris, or by the present Convention, and wherein the question is merely to determine on the validity of the Demand, or the amount of the Sum claimed, the Commission of Arbitration is to be composed of 6 Umpires, namely, 3 French, and 3 appointed by the reclaiming Government.

The said 6 Arbitrators shall then draw lots, for the purpose of deciding which of them is to be thrown out, and being thus reduced to 5, are then finally to determine on the Claim referred to them.

7. In the event of the question being whether the contested Claim can be reckoned amongst those provided for by the Treaty of Paris of 30th May, 1814 (No. 1), or by the present Convention, the Commission of Arbitration is to be composed of 6 members, whereof 3 are to be French, and 3 named by the Govern- ment reclaiming. These 6 Umpires are then to decide by a majority, whether the Claim is susceptible of being admitted to liquidation ; in the event of an equality of votes, the examina- tion of the affair is to be suspended, and is to become subject matter of future regular negotiation between the Governments.

8. Every time that a case shall be referred to the decision of a Commission of Arbitration, the Government, whose Commissioner of Liquidation shall not have been able to agree with the French Government, shall name 3 Umpires, and France shall name as many ; all of them chosen amongst those who shall have taken, or may take, previously to their acting, the stipulated Oath. This choice is to be made known to the Record Keeper, at the same time transmitting to him the whole of the documents. The Record Keeper will duly note this nomination and the deposit of the papers, and will enter the claim in the proper register, which shall have been opened for that purpose.

Arbitrators to be summoned by Record Keeper.

When the turn of a Claim shall come round in its regular order of entry, the Record Keeper is to summon the G Arbitrators above named.

When the case shall happen to be one of those specified in Section G of the present Article, the names of the said 6 Arbi- trators shall be put in an inn ; the last drawn shall of course go

, >-Vi

No. 45] GREAT BRITAIN, &c., AND FRANCE. [20 Nov., 1815. [2nd Peace of Paris. Private Claims on France.]

out, in order that their number may be reduced to 5. The parties are, however, at liberty to abide, if they all agree thereto, by a Commission of 4 Arbitrators, the number of whom, in order to obtain an odd number, is to be in like manner reduced to 3.

In the cases specified by Section 7 of the present Article, the 6 Umpires, or the 4, if the parties have agreed to that number, are to enter into discussion, without previous elimination of one of their number. In either of these cases, the arbitrators con- voked for the purpose are immediately to enter upon the examina- tion of the claim, or class of claim in question, and are to decide by a majority of voices, without appeal. The Record Keeper is to attend all the sittings, and to act as minute clerk.

If the Commission of Arbitration have not decided upon the class of a claim, though it has on a claim itself, such decision ter- minates the affair. If it has decided on the class of a claim, the case, provided that class be acknowledged as admissible, goes back to the Commission of Liquidation, for that Commission to determine on the admission of the individual claim, and the amount thereof, or refer it anew to a Commission of Arbitration of 5 or 3 Members.

Notification of Judgment to Commission of Liquidation.

Judgment being given, the Recorder is to notify to the Com- mission of Liquidation every such sentence, for the purpose of being inserted in their proceedings ; as the said decisions are to be considered and acted upon as precedents by the Commission of Liquidation.

Limit of Duties of the Commissions.

It is to be well understood, that the Commissions appointed by virtue of the present Article, are not to extend their labours beyond the liquidation of the obligation specified by the present Treaty, and that of 30th May, 1814 (No. 1).

Reimbursement to France of Debts in Countries no longer belonging to France.

Art. VI.* The High Contracting Parties, desiring to see the full performance of Article XXI of the Treaty of Paris of 30th May, 1814 (No. 1), and, accordingly, determinate the mode of crediting France for such Debts, specially secured in their origin

* See Convention of 25fcb April, 1818.

385 2 c

20 Nov., 1815.] GREAT BRITAIN, &c, AND FRANCE. [No 45

[2nd Peace of Paris. Private Claims on France.]

by mortgages upon countries which have ceased to form part of France, or otherwise contracted by their internal Administration, and which have been converted into Inscriptions in the Great Book of the National Debt of France, have agreed that the amount of the Capital which each of the Governments of the said respective countries may have to reimburse to France, shall be determined by the price which the funds may bear, on an average, between the day of the signature of the present Convention and the 1st January, 181G. This capital is to be made good to France, according to the statements which the Commission appointed by Article V of the present Convention shall draw up and settle every two months after the titles have been duly verified, on the strength of which the inscriptions have been made.

France to pay Dividends on Inscriptions for Debts on Mortgage on

Immovables. France is not to be reimbursed the amount of the Inscriptions arising from Debts secured by Mortgage on Immovables which the French Government have alienated, whatever be the nature of the said immovables, provided the purchasers thereof have paid the amount into the hands of the agents of the French Govern- ment, unless the said immovables should at present be (otherwise than by possession obtained unfairly during the continuance of the French Administration) in the hands either of the present Government, of public establishments, or of the former pos- sessors. The French Government remains charged with the pay- ment of the dividends on those Inscriptions.

Countervail/iii/ Account* to be settled by Mutual Consent. The Countervailing Accounts of what may become due to France in inscriptions, and the payments to which she has engaged herself by the present Convention, cannot be settled but with mutual consent, excepting for what follows in the succeeding Article.

Reductions from Countervailing Accounts. Art. VII.* From these reimbursements shall be deducted : 1. The Interest on Inscriptions in the Great Book of the State, till the period of the 22nd December, 1813 ; also, the Interest which France may have paid subsequently to that period, shall, in like manner, be made good to her by the respective Govern - ments.

* See Convention of 25th April, 181 S. 386

No. 45] GREAT BRITAIN, &c, AND FRANCE. [20 Nov., 1815. [2nd Peace of Pa.ris. Private Claims on France.]

2. The capitals and interest secured by mortgage on immov- ables alienated by the French Government, although the said capitals have not yet been converted into Inscriptions in the Great Book of the Public Debt ; provided, however, that on account of the present stipulation, nothing shall be done contrary to the laws or orders of the Government, which decreed forfeitures, &c, or in virtue of which the Debts Avere to become extinct to the benefit of France by way of " confusion," or of compensation.

Commission of Arbitration to be Appointed to settle Claim of Nether- lands to Interest of Debt of Holland.

Art. VIII. The French Government having refused to recog- nise the claim of the Government of the Low Countries, relative to the payment of the Interest of the Debt of Holland, which may not have been paid for the half years of March and September, 1813, it is "agreed to refer to a Commission of Arbitration the decision of the principle of the said question.

Composition of Commission.

This Commission is to be composed of 7 members, two of them to be named by the French Government, two by the Govern- ment of the Netherlands, and the three others to be chosen from the States decidedly neuter, and who have no interest in the question, such as Russia, Great Britain, Sweden, Denmark, and the Kingdom of Naples. The choice of these three last Com- missioners is to be made in such manner, that one of them is to lie named by the French Government, another by that of the Netherlands, and the third by the said two neutral Commis- sioners.

Oath to be taken by Commissioners.

The Commission is to meet at Paris, on the 1st of February, 1816. The members thereof are to take the same Oath to which the Commissioners of Arbitration are subject, as stated in Article V of the present Convention, to be administered in the same manner.

Commissioners of Liquidation to submit their Opinions to the Arbi- trators for Decision.

As soon as the Commission shall be constituted, the Commis- sioners of Liquidation of the two Powers shall each submit in

387 2 c 2

20 Nov., 1815.] GREAT BRITAIN, Ac., AND FRANCE. [No. 45 [2nd Peace of Paris. Private Claims on France.]

writing' the arguments in support of their opinion, in order that the Arbitrators may be enabled to decide which of the two Govern- ments, the French Government, or the Government of the Nether- lands, shall be bound to pay the aforesaid Arrears of Interest, taking- for basis the dispositions of the Treaty of Paris, of 30th May, 1814 (No. 1), and whether the reimbursement which the Government of the Netherlands may have to make to France, for Inscriptions of the Debts of Countries re-united to the Crown of the Netherlands, and detached from France, is to be required without deducting the dividends of the Debt of Holland, in arrear for 1813.

Liquidation of Debts of Countries Ceded to France.

Art. IX. The liquidation shall be proceeded in, of the unpaid interest of the Debts secured on mortgage upon the soil of countries ceded to France by the Treaties of Campo Formio* and Luneville,| and arising from loans formally acknowledged by the Governments of the ceded countries, or from expenses in- curred by the effective administration of the said countries.

Bases on which Commissioners of Liquidation are to Regulate

themselves.

The Commissioners of Liquidation are to regulate their opera- tions according to the dispositions of the Treaties of Peace, and the laws and decrees of the French Government, with respect to the liquidation and extinction of the debts of the nature in question.

Reimbursement of Securities.

Art. X. As it has been stipulated by Article XXIII of the Treaty of Paris, of 30th May, 1814 (No. 1), that the French Government should reimburse the Securities given by the public functionaries entrusted with the management of public money in the countries separated from France, 6 months after the pre- senting of their accounts, the case alone of misdemeanour being excepted, it remains agreed :

1. That the obligation of presenting their accounts to the French Government does not extend to the Receveurs Communaux ; nevertheless, as the French Government has had an interest in

* (17th October, 1797). See Appendix, t (9th February, 1801). See AiDpendix.

388

No. 45] GEEAT BKITAIN, &c, AND FRANCE. [20 Nov., 1815, [2nd Peace of Paris. Private Claims on Prance.]

certain portions of the receipts wherewith those accountable persons were charged, and that consequently it may still call for redress against them, in cases of misdemeanour, no application for restitution of their Securities shall be presented, without being- accompanied by a certificate from the superior authorities of the country to which these persons accountable may belong, at the same time specifying the sum which, after the audit of their accounts, shall have been acknowledged to be due to the French Government on the account above mentioned, and which the latter shall deduct from the security, giving proof that nothing is due to the same, except, in either case, the deduction of those balances which France has reserved to herself by Article XXIV of the j iresent Convention.

2. The accounts of the functionaries who have had the management of money belonging to the French Government, and who were bound to have their administration approved by the Court of Accounts, shall be examined by the French Government, in conjunction with the Commissioner of the present Government of the province where the person accountable has been employed.

The examination of each account is to take place within 6 months after it has been delivered in ; if during this period no decision has been given, the French Government renounces all claim against the person accountable. This stipulation does not derogate, with respect to those who are accountable, from the time of forfeiture fixed by Article XVI, it being- well understood that, in the event of the non-presentation of the accounts, the French Government reserves to itself the light of proceeding against the said persons accountable, in the customary manner.

3. The functionaries not being liable to be made responsible for what lias occurred relative to their " Caisses" since the en- trance of the Foreign Troops, it has been expressly agreed, that the French Government are not to charge them with the balances which they owed at that period, and that it shall only be a mani- fest misdemeanor, committed before the entrance of those Troops, which shall authorise the French Government to withhold the whole, oi part of the Security. In all other respects the same is to be restored, in the manner expressed in Article XIX, Section 2.

Funds deposited by Communes and Public Establishments. Art. XL Conformably to Article XXV of the Treaty of the 30th May, 1814 (No. 1), the Funds deposited by " Communes" and

3S9

20 Nov., 1815.] GREAT BRITAIN, &c, AND FRANCE. [No. 45 [2nd Peace of Pai"is. Private Claims on France.]

Public Establishments, in the coffers of the Governments, are to be- repaid to them, with deduction of the advances which may have been made to them. The Commissioners of Liquidation are to verify the amount of the said deposits and advances. Never- theless, should there be lodged any attachments, the repayment of these funds shall not take place until replevin shall have been ordered, by the proper tribunals, or voluntarily allowed by the attaching creditors. The French Government shall be bound to show the justice of the said attachments. It is well understood that such attachments, lodged by creditors who are not French- men, cannot authorise the French Government to detain these deposits.

Funds of Caisse d' Agriculture of Holland.

Art. XII. The Funds belonging to the " Caisse d' Agriculture" of Holland, and which have been lodged as a deposit in the " Caisse d'Amortissement" in the " Caisse de Service" or in any other " Caisse " of Government, shall be restored, as well as all other Deposits, with the exception of such compensations as the said " Caisscs " may have to debit the said Funds.

Commissioners of Liquidation and Arbitration to liquidate Claims of Pensions, $-c, of Persons no longer French Subjects. Secu- rities. Caisse d'Amortissement, and Caisse de Service, §-c.

Art. XIII. The Commissioners of Liquidation and of Arbitra- tion ordained by virtue of Article V of the present Convention, shall also be employed in the liquidation of the objects recited in Articles XXII to XXV of the Treaty of 30th May, 1814 (No. 1), and shall proceed in the same manner, with regard to these points, as that adopted for the other liquidations with which they are charged. The French Government engages to deliver, 4 months after the signature of the present Convention, to the respective Commissioners of Liquidation, exact statements, drawn from the Treasury and other Registers, of all sums and debts alluded to in the aforesaid Articles ; and these statements are to be compared with the receipts of the claimants, for the purpose of being thus proved.

A r rears of Pensions.

Art. XIV. Article XXVI of the Treaty of the 30th May, lbl4 (No. 1), which releases the French Government, from the

390

No. 45] GREAT BRITAIN, &c, AND FRANCE. [20 Nov., 1815. [Snd Peace of Paris. Private Claims on Franco.]

1st January, of the same year, from the payments of all Pensions, civil, military, and ecclesiastical, allowances on retiring, and half pay to all individuals no longer subjects of France, is maintained. With regard to the arrears of Pensions to the period above mentioned, the French Government engages to give evidence of them, by furnishing exact statements, drawn from the Pension Registers, which are to be compared with those kept by the local Administrative Authorities.

Restitution of Archives, Maps, <jc, of Ceded Countries.

Art. XV. Doubts having arisen upon Article XXXI of the Treaty of the 30th May, 1814 (No. 1), concerning the restitu- tion of the Maps of the Countries which have ceased to belong to France, it is agreed that all the Maps of the Countries ceded, including those which the French Government has caused to be executed, shall be exactly given up, with the copper plates belonging to them, in the space of 4 weeks after the exchange of the Ratifications of the present Treaty. The same shall be done respecting the Archives, Maps, and Plates taken away from the Countries occupied for a time by the different armies, as it is stipulated in the 2nd paragraph of Article XXXI of the said Treaty.

Limit of Time for Presentation of Claims.

Art. XVI. Governments who have Claims to prefer in behalf of their Subjects, engage to cause them to be presented for liqui- dation within a year, dating from the day of the exchange of the Ratifications of the present Treaty, after which time they are to forfeit all right to claim and recovery.

Payment of Claims Adjudicated. Art. XVII. Every two months an abstract is to be drawn up of the liquidations finally adjusted, approved, or decided, speci- fying the name of each creditor, and the amount for which his debt is to be discharged, either in principal or arrears of interest. The sums which are to be paid in cash by the Royal Treasury, either for capital or interest, shall be remitted to the Commis- sioners of Liquidation of the Government concerned, upon their receipts, signed or approved by the French Liquidators. With regard to the debts which, in conformity to Articles IV and XIX of the present Convention, are to be paid in Inscriptions in the .

391

20 Nov., 1815.] GREAT BRITAIN, &c, AND FRANCE. [No. 45 [2nd Peace of Paris. Private Claims on France.]

Great Book of the Public Debt, they are to be entered in the names of the Commissioners of Liquidation of the Governments concerned, or of those whom they may appoint. These Inscrip- tions are to be taken from the Guarantee Fund stipulated by Article XX of the present Convention, and in the manner specified by Article XXI.

Interest on Debts.

Art. XVIII. * All Debts which bear Interest, either according to law or the Treaty of the 30th May, 1814 (No. 1), are to con- tinue to bear the same. With respect to those to which no Interest appertains, either from their nature or by the said Treaty, they are to bear an interest of 4 per cent, from the date of the signature of the present Convention. All interest is to be paid in cash, and on the amount of the nominal value of the debt. The stipulations relating to interest are to be reciprocal between France and the other Contracting' Powers.

Periods for Payment of Claims.

Art. XIX * The Treaty of the 30th May, 1814 (No. 1), in regulating' the periods within which the payments were to be completed, proclaimed 3 Classes of Debts. In order to make things agree with such an arrangement, it has been resolved to adopt, in like manner, 3 Classes for Reimbursement, as follows : —

1. The Deposits legally entrusted to the " Caisse oV Amortisse- ment" are to be refunded in money within 6 months from the exchange of the Ratifications of the present Convention, whenever the delivery of the documents shall have taken place during the first three months of the liquidation. Those cases whereof the documents shall have been delivered in subsequently are to be liquidated within the succeeding 3 months.

2. The Debts arising from the payment of securities, or from funds which were deposited by the "Communes" and Public Esta- blishments in the " Caisse de Service" the " Caisse d' ' Amortis'sement" or any other " Caisse " of the French Government, are to be reim- bursed in Inscriptions in the Great Book of the Public Debt, at par, on condition, however, that in the event of the price of the day of settlement being under 75, the French Government is to have the benefit of the difference between the price of the day and 75.

* See Convention of 25th April, 1818. 392

No. 45] GREAT BRITAIN, &c., AND FRANCE. [20 Nov., 1815. [2nd Peace of Paris. Private Claims on Prance.]

3. The Other Debts not comprehended in the two preceding sections are to be likewise reimbursed in Inscriptions at par, with this difference, however, that the French Government guarantees to them only a price of GO, at the same time engaging- to make good the difference between the price of the day and 60.

Appointment of Trustees to receive Yearly Revenue.

Airr. XX. On the 1st of January next, at latest, shall be in- scribed, as a Guarantee Fund, in the Great Book of the Public Debt of France, a Capital producing 8,500,000 French francs yearly revenue, with possession from 22nd March, 181G, in the name of two, four, or six Commissioners, one-half of them sub- jects of His Most Christian Majesty, and the other half of the Allied Sovereign Powers ; which said Commissioners are to be chosen and appointed, namely, one, two, or three by the French Government, and one, two, or three by the Allied Powers.

Income to be Received every Six Months.

They are to receive the said yearly Income every 6 months, of which they are to be the trustees, without power of nego- tiating the same.

Amount to be Funded.

They are to place the amount thereof in the Public Funds, and receive the accumulated and compound Interest of the same for the benefit of the creditors.

Insufficiency of Interest to be made up to pay Amount of Debts. In case the 3,500,000 francs of Interest shall be insufficient, there shall be delivered to the said Commissioners, Inscriptions for larger sums, until their amount shall equal what may be necessary to pay the Debts mentioned in the present Conven- tion.

Disposal of Additional Inscriptions.

These Additional Inscriptions, if they are necessary, shall be made over with the Dividends from the same period as the 0,500,000 francs yearly revenue above stipulated, and shall be administered by the same Commissioners, and according to the same principles, so that the Debts which shall remain to be paid shall be paid with the same proportion of Accumulated and Com- pound Interest as if the Fund of Guarantee had been from the first sufficient.

393

20 NOV., 1815.] GREAT BRITAIN, &c.3 AND FRANCE. [No. 45 [2nd, Peace of Paris. Private Claims on France.]

Surplus of Inscriptions to be made over to French Government. - As soon as the payments clue to the creditors shall have been made, the Surplus of the Inscriptions not employed, if there be any, as -well as the proportion of accumulated and compound interest which shall belong thereto, shall be given up to the dis- posal of the French Government.

Examination of A bstracts of Liquidation. Art. XXI. In proportion as the Abstracts of Licpiidation pre- scribed by Article XVII of the present Convention shall be delivered to the Trustees or Commissioners of Deposit, the latter are to examine the same, in order to their being forthwith entered in the Great Book of the Public Debt, to the debit of their trust, and to the credit of the Commissioners of Liquidation of the reclaiming Governments.

Renewal of Engagements by Sovereigns of Countries winch, have ceased to belong to France. Art. XXII.* The present Sovereigns of the Countries which have ceased to belong to France hereby renew the engagement which they have contracted by Article XXI of the Treaty of the 30th May, 1811 (No. 1), to account with the French Government from the 22nd December, 1813, for such of the Debts of the said Countries as have been converted into Inscriptions in the Great Book of the Public Debt of France. The Accounts relative to all the said Debts shall be drawn up and adjusted by the Commis- sions appointed by Article V of the present Convention. It is understood that France is to continue the payment of the divi- dends on these Inscriptions.

Renewal of Engagement to Refund to French Subjects Claims on. account of Securities, fyc.

Art. XXIII. The Governments aforesaid renew the engage- ment to refund to French subjects in the service of the ceded Countries the sums which they may have to claim on account of Securities, or Deposits in their respective Treasuries. These reim- bursements shall be made in the same manner as that agreed upon in Article XIX of the present Convention towards subjects of the said Countries for payments of a like nature.

Right of French Government to male certain Deductions. Art. XXIV. It is reserved to the French Government the * See Convention of 25th April, 1818.

394

No. 45] GREAT BRITAIN, 4c., AND FRANCE. L20 Nov., 1815. [2nd Peace of Paris. Private Claims on France.]

right of deducting from those Securities, which by Article XXII of the Treaty of the 30th May, 1814 (No. 1), and by Article X of the present Convention it lias engaged to refund, the Balances due from persons accountable whom a Judgment of the Court of Accounts given before the 30th May, 1814, shall have declared to be withholders of Public Money.

Such Deduction is to take place, however, without being pre- judicial to the proceedings which, in default of sufficient Security, may be directed against the Defaulters, in the ordinary course, before the Tribunals of the Countries wherein the persons account- able have settled.

Proceedings against Persons for Non-payment of Bills accepted by them previous to 30th May, 1814.

Art. XXV. In the Countries ceded by the Treaty of the 30th May, 1814 (No. 1), and by the present Treaty, such persons who have accepted Bills, negotiable, to the advantage of the Royal Treasury, or of the " Caisse d'Amortissement" (not receivers of direct contributions), and who should not have honoured the same when they became due, may be proceeded against for pay- ment, before the regular Tribunals of the Country where they are settled, unless they should have been compelled to pay them before the 30th May, 1814, or, with regard to the Countries ceded by the present Treaty, before the 20th November, 1815, in favour of the Agents of the new possessors of the Countries.

Rules laid down to apply to Debts which France may claim from Governments of Countries detached from France.

Art. XXVI. All that has been agreed to by the present Con- vention, with respect to the period within which the creditors of France are to deliver in their Claims for Liquidation, the time when the Abstracts of Liquidations are to be drawn up, the Interest to be allowed to the respective classes of Debts, and the manner in which they are to be paid, applies equally to those Debts which France may have to claim from the Governments of the Countries detached from France.

Done at Paris, the 20th November, in the year of Our Lord,

1815.

(L.S.) CASTLEREAGH.

(L.S.) WELLINGTON.

(L.S.) RICHELIEU.

395

20 NOV., 1815.] GEEAT BRITAIN, &c, AND FRANCE. [No. 45 [2nd Peace of Paris. Eentheim and Steinfurth Claims.]

Additional Article. Paris, 20th November, 1815. Claim of Counts of Bentheim and Steinfurth.

The House of the Counts of Bentheim and Steinfurth having advanced a claim against the French Government upon different grounds, viz. : —

Francs. In pursuance of a Convention of the 22nd of May,

1804* 800,000

Interest at G per cent, per annum upon that sum .... 480,000

For restitution of the land tax 78,200

Clearing the Ysel 30,000

For various alienations and indemnities 634,000

For the revenues of the County of Bentheim, since the

French Government took possession thereof 2,225,000

Total 4,247,200

It lias been settled, in the form of an Agreement, that the Government of France shall pay to that House, in lieu of every claim whatsoever :

1. The sum of 800,000 francs in specie, to be paid by 12ths, in Monthly Instalments, commencing from the 1st January, 1816.

2. The sum of 510,000 francs, by Inscriptions in the Great Book of the Public Debt, at par, guaranteeing to the same the exchange at 75, or making up the difference between the exchange of the day and 75.

These Inscriptions shall be delivered before the 1st January, and the Interest on them shall commence from the 22nd March, 1816.

In consideration of the payment of this sum of 1,310,000 francs, the House of the Counts of Bentheim and Steinfurth re- nounces the right of advancing or renewing any Claim against the French Government, under any title or on any ground what- soever, the said renunciation being made by agreement.

Done at Paris, the 20th of November, in the year of our Lord,

1815.

(L.S.) CASTLEREAGH.

(L.S.) WELLINGTON.

(L.S.) RICHELIEU.

* See Appendix.

396

No. 45] GREAT BRITAIN, &c, AND FRANCE. [20 Nov., 1815 . [2nd Peace of Paris. Warsaw Claims.]

Separate Article between France and Russia. 20th November, 1815.

Accession of France to Arrangements of 1814 respecting the Duchy

of Warsaw.

(Translation).* In execution of the Additional Article to the Treaty of 30th May, 1814 (No. 1), His Most Christian Majesty engages to send, without delay, to Warsaw, one or more Commissioners to assist, in his name, according to the terms of the said Article, in the examination and the liquidation of the Reciprocal Claims of France and of the late Duchy of Warsaw, and to all arrangements relating thereto.

His Most Christian Majesty acknowledges, with reference to the Emperor of Russia, in his character as King of Poland, the nullity of the Convention of Bayonne,f it being well understood that that disposition can only receive its application in conformity with the principles established in the Conventions referred to in Article IX of the Treaty of this day. J

The present Separate Article shall have the same force and effect as if it were inserted word for word in the Treaty of this day.

In witness whereof the respective Plenipotentiaries have signed it, and have affixed thereto the Seals of their Arms.

Done at Paris, the 20th November, in the year of Our Lord, 1815,

(L.S.) RICHELIEU. (L.S.) RASOUMOFFSKY. (L.S.) CAPODISTRIAS.

* For French Version see " Slate Papers," tc-1. hi, p. 341.

t Convention between France and Saxony of 10th May, 1808, annulled.

% See p. 388.

so;

20 NOV,, 1815.] GREAT BRITAIN, &c, AND FRANCE. [No. 46 [2nd Peace of Paris. Claims of British Subjects.]

NO. 46.— CONVENTION between Great Britain and France, relative to the Claims of British Subjects. Sif/ned at Paris. 20th November, 1815.*

[This Convention was annexed to the Definitive Treaty of the same date. See Arts. IX, XII.]

Art. Table.

Convention between Great Britain and France, concluded in conformity ■with Article IX of the Principal Treaty, relative to the Examination and Liquidation of the Claims of the Subjects of His Britannic Majesty against the Government of France.

1. Claims of British Subjects on French Government.

2. Claims for Confiscated Stock. Conditions in favour of Creditors to be

added to amount of Stock. Date of New Inscriptions. Exceptions.

3. Life Annuity Claims. Date of New Inscriptions. Claimants to Produce

Vouchers. Certificates of Death of Deceased Annuitants.

4. Arrears of Perpetual and Life Annuities to be Inscribed in Great Book

of Public Debt. Date of New Inscriptions.

5. Rides for Determining Capital due on Immovable Property. Proofs to be

produced by British Subjects. Facilities to be afforded by French Government. Determination of Value of Immovable Property. Capital to be Inscribed in Great Book of Public Debt. Interest on Arrears due upon Capital. 0. Rules determining Capital due on Arrears. Proofs to be produced by Claimants. Capital allowed to be Inscribed in Great Book of Public Debt. Arrears of Interest to be Inscribed in Great Book of Public Debt. Vessels, Ships, Cargoes, and Movable Property not to be admitted to Liquidation.

7. Claims for Loans and Mortgages on Sequestered Property. Claims to

be paid in Inscriptions on the Great Book. Advantages secured to Claimants by Edicts or Decrees.

8. Division of Inscriptions arising to each Creditor.

0. Capital to be Inscribed as a Fund of Guarantee in the Name of Com- missioners. Commissioners to receive the Interest for the Profit of Creditors. Amount of Inscriptions to be increased to meet the neces- sary Payments.

10. Certificates to be Delivered to Creditors.

11. Certificates to be Inscribed in the Great Book of the Public Debt.

Interest and Capital to be paid to Creditors by the Commissioners.

* Tbis Convention was distinguished as " No. 7 " in the Papers laid before Parliament.

The Commissioners appointed under this Convention were : — Mr. Colin Alexander Mackenzie, Mr. George Lewis Newnham, Mr. George Hammond, Mr. David Richard Moricr, Mr. James Drummond. Their appointments were dated 27th December, 1815.

See also Convention of 25th April, 1818.

898

No. 46] GREAT BRITAIN, &C., AND FRANCE. [20 Nov., 1815. [2nd. Peace of Paris. Claims of British Subjects.]

Aet. Tabie (continued),

12. Dulay to be allowed to Claimants.

13. Appointment of Commissioners. Liquidation, &c., of Sums allowed by

Commissioners. Certificates to be Delivered on Claims being allowed.

14. Commission of Arbitration. Vacancies in either Commission to be

Filled up without Delay. Absent Commissioner of Liquidation to be Replaced by one of the Arbitrators. Absent Commissioner of Arbi- tration to be replaced by a Commissioner of Liquidation. Oath to be taken by New Commissioners.

15. Oath to be taken by Commissioners of Liquidation, Deposit, and Arbitra-

tion. Power to Commissioners to call Witnesses. 1G. Time of Restoration of French Colonies of Martinique and Guadaloupe. 17. Restoration of Prisoners of War.

Additional Article. Bordeaux Claims.

(English Version.*)

Convention between Great Britain and France, concluded in con- formity with Article IX of the Principal Treaty, relative to the Examination and Liquidation of the Claims of the Subjects of His Britannic Majesty against the Government of France.

Claims of British Subjects on French Government.

Art. I. The Subjects of His Britannic Majesty having Claims upon the French Government, who, in contravention of Article II of the Treaty of Commerce of 1786,| and since the 1st of January, 1793, have suffered on that account, by the Confiscations or Sequestrations decreed in France, shall, in conformity with Additional Article IV of the Treaty of Paris, of the year 1814 (No. 1), themselves, their heirs, or assigns, Subjects of His Bri- tannic Majesty, be indemnified and paid, when their Claims shall have been admitted as legitimate, and when the amount of them shall have been ascertained, according to the forms, and under the conditions, hereafter stipulated.

Claims for Confiscated, Stock. Art. II. The Subjects of His Britannic Majesty, holders of permanent Stock under the French Government, and who on that account have, since the 1st of January, 1793, suffered by the Con-

* For French version, see " State Papers," vol. iii, p. 342. f Commerce only.

399

20 Nov., 1S15.] GREAT BRITAIN, &c, AND FRANCE. [No. 46 [2nd Peace of Paris. Claims of British Subjects.]

fiscatiofis or Sequestrations decreed in France, shall themselves, their heirs or assigns, Subjects of His Britannic Majesty, be inscribed in the Great Book of the Consolidated Debt of France, for an amount of Stock equal to the amount of the Stock they possessed prior to the Laws and Decrees of Sequestration or of Confiscation above-mentioned.

Conditions in favour of Creditors to be added to amount of Stock.

In the cases in which the Edicts or Decrees constituting the above-mentioned Stock shall have added thereto profitable con- ditions or favourable chances, account shall be had thereof in favour of the Creditors, and an addition, founded upon a just evaluation of such advantages, shall be made to the amount of the Stock to be inscribed.

Date of New Inscriptions*

The New Inscriptions shall bear date, and bear Interest, from the 22nd of March, 181 6.

Exceptions.

Such Subjects of His Britannic Majesty, who, by receiving their annuities at a 3rd, after the 30th of September, 1797, have submitted themselves by their own act to the Laws existing upon this subject, are excepted from the above-mentioned dispositions.

Life Annuity Claims.

Art. III. Such of the Subjects of His Britannic Majesty, or their heirs or assigns, subjects of His Britannic Majesty, as pos- sessed Life Annuities from the French Government, before the Decrees of Confiscation or Sequestration, shall equally be inscribed upon the Great Book of the Life Annuities of France, for the same sum of Life Annuities as they enjoyed in 1793. Such of the Subjects of His Britannic Majesty, however, as have changed the nature of their Claims, by receiving their Annuities at a 3rd, and thu3 by their own act have submitted themselves to the Laws existing upon this subject, shall be excepted from the above dispositions.

J)afe of New Inscriptions.

The New Inscriptions shall bear date, and bear Interest, from

the 22nd March, L816.

(.00

No. 46] GREAT BRITAIN, &c, AND FRANCE. [20 Nov., 1815. [2nd Peace of Paris. Claims of British. Subjects.]

Claimants to Produce Vouchers. Prior to the delivery of the New Inscriptions, the Claimants shall be bound to produce Certificates, according to the usual forms, declaring that the persons in whose names their Life Annuities were constituted are still alive.

Certificates of Death of Deceased Annuitants.

With respect to those of the above-mentioned subjects of His Britannic Majesty possessing Life Annuities in the names of per- sons who are dead, they shall be bound to produce Certificates of Demise, in the usual forms, stating the period of the decease : and in that case the Annuities shall be paid up to such period.

Arrears of Perpetual and Life Annuities to be inscribed in Great

Book of Public Debt.

Art. IV. Such arrears of the Perpetual and Life Annuities as shall have been liquidated and allowed, and as shall be due up to the 22nd March next exclusively, save the cases of exception specified in Articles II and III, shall be inscribed in the Great Book of the Public Debt of France, at the rate which shall be the medium price between par and the current market price of the day, at the date of the signature of the present Treaty.

Date of New Inscriptions. The Inscriptions shall bear date, and bear Interest, from the 22nd March, 1816, inclusively.

Pules for determining Capital due on Immovable Property.

Art. V. In order to determine the capital due on Immovable Property which belonged to Subjects of His Britannic Majesty, to their heirs or assigns, equally Subjects of His Britannic Majesty, and which was Sequestrated, Confiscated, and Sold, the following process shall be had : —

Proofs to be produced by Britislt Subjects. The said Subjects of His Britannic Majesty shall be obliged to produce: 1st, the Deed of Purchase, proving their proprietor- ship ; 2ndly, the Acts proving the facts of the Sequestration, and of the Confiscation against themselves, their ancestors, or as- signors, subjects of His Britannic Majesty. In default, however,

of all proofs in writing, considering the circumstances undei

401 2 d

20 NOV., 1815.] GREAT BRITAIN, &C, AND FRANCE. [No. 46 [2nd Peace of Paris. Claims of British Subjects.]

which the Confiscations and Sequestrations took place and those which have since arisen, such other proof shall be admitted as the Commissioners of Liquidation hereafter mentioned shall judge sufficient in lieu thereof.

Facilities to be afforded by French Government.

The French Government further engages to facilitate, by every means, the production of all Titles and Proofs serving to sub- stantiate the Claims to which the present Article refers, and the Commissioners shall be authorised to make all search, which they shall judge necessary, to arrive at such information, and to ob- tain the production of such Titles and Proofs ; they shall also be empowered to examine upon oath, in case of need, such persons employed in the public offices as may have it in their power to point them out or to furnish them.

Determination of Value of Immovable Property.

The value of the said Immovable Property shall be deter- mined and fixed by the production of an extract of the " Matrice " of the "Roles" of the " Contribution Fonciere" for the year 1791, and at the rate of twenty times the revenue mentioned in the said"7fo7es."

If the " j\ratrices" should no longer exist, and that it should therefore be impossible to produce the extracts, the claimants shall be authorised to furnish such other proofs as shall be admitted by the Commission of Liquidation mentioned in the following Articles.

Capital to be Inscribed in Great Book of Public Debt. The Capital thus liquidated and allowed shall be inscribed upon the Great Book of the Public Debt of France, at the rate which has been fixed in Article IV for the Inscription of the arrears of the Annuities ; and the Inscriptions shall bear date, and shall bear Interest, from the 22nd of March next inclusively.

Interest on Arrears due upon Capital. The Arrears upon the said Capital, from the period of its Sequestration, shall be calculated at the rate of 4 per cent, per annum, without deduction, and the whole amount of those arrears, up to the 22nd March next exclusively, shall be inscribed in the Great Book of the Public Debt of France, at the rate above-

402

No. 46] GREAT BRITAIN, &c., AND FRANCE. [20 NOV., 1815. [2nd Peace of Paris. Claims of British Subjects.]

mentioned, and shall bear Interest from the 22nd March next inclusively.

Hides determinining Capital due on Arrears.

Art. VI. In order to fix the Capital as well as the Arrears which shall be due to such of the Subjects of His Britannic Majesty, whose Movable Property in France has been Seques- tered, Confiscated, and Sold, or to their heirs or assigns, Sub- jects of His Britannic Majesty, the following- process shall be had :

Proofs to be produced by Claimants. The Claimants shall be obliged to produce : 1st, the Proces- verbal, containing the inventory of the movable effects seized or sequestrated; 2ndly, the Proces-verbal of the sale of the said effects, or in default of proofs in writing, such other proof as the respective Commissioners of the two Powers shall judge sufficient in lieu thereof, according to the principles established in the pre- ceding Article ; the French Government engaging, in this re- spect, to give the same facilities, and the Commissioners are authorised to make the same search, and to take the same measures, as have been detailed in the foregoing Article with respect to immovable property. The amount of the Stock arising from the seizures and sales of the Movable Property shall be thus determined ; regard being always had to those periods during which paper money was in circulation and to the fictitious aug- mentation of prices resulting therefrom.

Capital allowed to be Inscribed in Great Book of Public Debt.

The Capital liquidated and allowed shall be inscribed upon the Great Book of the Public Debt of France, at the rate which has been fixed by the preceding Articles, and the Inscriptions shall bear date, and shall bear Interest, from the 22nd of March next inclusively.

Arrears of Interest to be Inscribed in Great Booh of Public Debt.

The Arrears liquidated and allowed, due upon the said Capital, from the period at which the Claimant was deprived of the posses- sion of his or her Movable Property, shall be calculated at the rate of 3 per cent, per annum, without deduction, and the whole amount of the said Arrears, up to the 22nd of March next exclusively,

403 2 d 2

20 Nov., 1815.] GREAT BRITAIN, &3., AND FRANCE. [No. 46 [2ni Peace of Paris. Claim3 of British Subjects.]

shall be inscribed upon the Great Book of the Public Debt of France, at the rate above-mentioned, and shall bear Interest from the 22nd March next inclusively.

Vessels, Ships, Cargoes, and Movable Property not to be admitted

to Liquidation. The Vessels, Ships, Cargoes, and other Movable Property which shall have been Seized and Confiscated, either to the profit of France or to the profit of the Subjects of His Most Christian Majesty, in conformity with the Laws of War and the prohibitory Decrees, shall not be admitted to the liquidation, nor to the pay- ments mentioned in the present Article.

Claims for Loans and Mortgages on Sequestered Property.

Art. VII. The Claims of the Subjects of His Britannic Majesty, arising from the different Loans made by the French Government, or from Mortgages upon Property Sequestered, Seized and Sold by the said Government, or any other Claim whatsoever, nor com- prised in the preceding Articles, and which would be admissible according to the terms of Additional Article IV of the Treaty of Paris of 1814 (No. 1), and of the present Convention, shall be liquidated and fixed ; adopting with respect to each Claim the modes of admission, of verification, and of liquidation, which shall be conformable to their respective natures, and which shall be defined and fixed by the Mixed Commission mentioned in the following Articles, according to the principles laid down in the above Articles.

Claims to be Paid in Inscriptions on the Great Book.

These Claims thus liquidated shall be paid in Inscriptions in the Great Book at the rate above-mentioned, and the Inscriptions shall bear date, and shall bear Interest, from the 22nd of March next, inclusively.

Advantages secured to Claimants by Edicts or Decrees,

In the cases wherein the Edicts or Decrees constituting the Claims above-mentioned shall have assured to the Creditors the reimbursement of the capitals, and other profitable conditions or favourable chances, account shall be had thereof to the benefit of the Claimants, as detailed above in Article II.

404

NO. 46] GREAT BRITAIN, &o., AND FRANCE. [20 Nov., 1815. [2nd Peace of Paris. Claims of British Subjects.]

Division of Inscriptions arising to each Creditor.

Art. VIII. The amount of the Inscriptions arising to each Creditor, from his Claims liquidated and allowed, shall be divided by the Commissioners of Deposit into 5 equal portions; the first of which shall be delivered immediately after liquidation, the second 3 months after, and so on with respect to the other portions every 3 months ; the Creditors will nevertheless receive the interests of the whole of their debts liquidated and allowed, from the 22nd of March, 1816, inclusive, as soon as their respective Claims shall have been allowed and admitted.

Capital to be Inscribed as a Fund of Guarantee in the Name of

Commissioners.

Art. IX. A Capital, producing- an Interest of 3,500,000 francs, commencing from the 22nd of March, 1816, shall be inscribed as a fund of guarantee in the Great Book of the Public Debt of France, in the name of two or four Commissioners, the one-half English and the other half French, chosen by their respective Governments.

Commissioners to receive the Interest for the profit of Creditors.

These Commissioners shall receire the said Interest from the 22nd of March, 1816, every 6 months ; they shall hold it in deposit, without having the power of negotiating it, and they shall further be bound to place the amount of it in the Public Funds, and to receive the Accumulated and Compound Interest of the same, for the profit of the Creditors.

Amount of Inscriptions to be Increased to meet the necessary

Payments.

In case the 3,500,000 francs of Interest shall be insufficient, there shall be delivered to the said Commissioners Inscriptions for larger sums, until their amount shall be equal to what may be necessary to pay all the Debts mentioned in the present Act. These Additional Inscriptions, if there shall be any, shall be deli- vered, bearing Interest from the same period as the 3,500,000 francs above stipulated, and shall be administered by the Commis- sioners, according to the same principles, so that the Claims which shall remain to be paid, shall be paid with the same proportion of Accumulated and Compound Interest, as if the fund of guarantee had been from the first sufficient ; and as soon as all the payments

405

20 NOV., 1815.] CMEAT BRITAIN, &o., AND FRANCE. [No. 46 [2nd Peace of Paris. Claims of British Subjects.]

due to the Creditors shall have been made, the surplus of the interest fund not employed, with the proportion of Accumulated and Compound Interest which shall belong thereto, shall, if there be any, be given up to the disposal of the French Government.

Certificates to he delivered to Creditors.

Art. X. In proportion as the Liquidation shall be effected, and as the Claims shall be allowed, distinction being made between the sums representing the Capitals, and the sums arising from the Arrears or Interest, the Commission of Liquidation, which shall be mentioned in the following Articles, shall deliver to the Creditors, allowed to be such, two Certificates for the value of the whole In- scription to be made, bearing Interest from the 22nd of March, 1816, inclusive ; one of the Certificates relating to the Capital of the debt, and the other relating to the Arrears or Interest liquidated, up to the 22nd of March, 1816, exclusively.

Certificates to he inscribed in the Great Booh of the Public Debt.

Art. XI. The Certificates above-mentioned shall be delivered over to the Commissioners holding the Annuities in deposit, who shall check the same, in order that they be immediately inscribed in the Great Book of the Public Debt of France, to the debit of the deposit fund, and to the credit of the new creditors, acknowledged as such, bearers of the said Certificates ; care being taken to dis- tinguish the Perpetual from the Life Annuities.

Interest and Capital to be paid to Creditors by the Commissioners.

And the said Creditors shall be authorised from the clay of the definitive Liquidation of their Claims to receive, for their profit, from the said Commissioners, the Interests which are due to them, together with the Accumulated and Compound Interests, if there be any, as well as such portion of the capital as shall have been paid, according to what has been regulated by the preceding Articles.

Delay to be allowed to Claimants. Art. XII. A further delay shall be allowed, after the signature of the present Convention, to the Subjects of His Britannic Majesty, who shall have Claims upon the French Government, for the matters specified in the present Act, in order that they may bring forward their Claims and produce their Titles.

406

No. 46] GREAT BRITAIN, &c., AND FRANCE. [20 Nov., 1815. [2nd Peace of Paris. Claims of British. Subjects.]

This delay shall be extended to 3 Months for the Creditors residing- in Europe, G Months for such as are in the western colonies, and 12 Months for such as are resident in the East Indies, or in other Countries equally distant. After the expiration of these periods, the said Subjects of His Britannic Majesty shall no longer have the benefit of the present Liquidation.

Appointment of Commissioners. Art. XIII. In order to proceed in the Liquidation and allow- ance of the Claims mentioned in the preceding Articles, there shall be formed a Commission, composed of two French and two English Commissioners, who shall be nominated and appointed by their respective Governments.

Liquidation, cj-c, of Sums allowed by Commissioners. These Commissioners, after they shall have allowed and ad- mitted the Titles to the Claims, shall proceed, according to the principles pointed out, to the allowance, liquidation, and determi- nation of the Sums which shall be due to each Creditor.

Certificates to be delivered on Claims being allowed. In proportion as the Claims shall be allowed and ascertained, they shall deliver to the Creditors the two Certificates mentioned in Article X, one for the capital, the other for the interests.

Commission of A rbitration ,*

Art. XIV. A Commission of Arbitrators shall at the same time be named, composed of four members, two of whom shall be named by the British Government, and two by the French Government.

If it shall be necessary to call upon the Arbitrators, in case of an equality of votes on any point, the four names of the Arbitra- tors, English and French, shall be put into an urn, and the one of the four whose names shall be drawn first shall be the Arbitrator of the particular affair upon which there shall have been swh equality of votes.

Each of the Commissioners of Liquidation shall, in his turn, take from the urn the ticket which is to point out the Arbitrator.

* The Commissioners of Liquidation were : — Mr. Colin Alexander Mackenzie and Mr. George Lewis Newnham. The Commissioners of Arbi- tration were : — Mr. George Hammond and Mr. David Richard Moricr. The Commissioners of Deposit were : — Mr. David Richard Morier and Mr. James Drummond. Their appointments were dated 27th December, 1815,

107

20 Nov., 1815.] GREAT BRITAIN, &c., AND FRANCE. [No. 46 [2nd Peace of Paris. Claims of British Subjects.]

A Proces-verbal shall be made of this operation, and shall be annexed to the one which shall be drawn up for the liquidation and determination of the particular Claim.

Vacancies in either Commission to be filled up without delay. If a Vacancy shall take place, either in the Commission of Liquidation or in that of Arbitration, the Government, which ought to provide for the nomination of a new member, shall proceed to that nomination without delay, in order that the two Commissions may always remain as far as possible complete.

Absent Commissioner of Liquidation to be replaced by one of

the Arbitrators.

If one of the Commissioners of Liquidation shall be absent, he shall be replaced, during his absence, by one of the Arbitrators of his Nation ; and as in that case there will remain but one Arbitrator of that Nation, the two Arbitrators of the other Nation shall also be reduced to one by lot.

Absent Commissioner of Arbitration to be replaced by a Commissioner

of Liquidation.

And if one of the Arbitrators should absent himself, the same operation shall take place, in order to reduce to one the two Arbi- trators of the other Nation.

It is generally understood, that in order to obviate all manner of delay in this business, the Liquidation and Adjudication shall not be suspended, provided there shall be present, and in activity, one Commissioner and one Arbitrator of each Nation, the principle of equality between the Commissioners and the Arbitrators of the two Nations being always preserved, and re-established, if neces- sary, by lot.

Oath to be taken by New Commissioners.

Whenever either of the Contracting Powers shall proceed to the nomination of new Commissioners of Liquidation, of Deposit, or of Arbitration, the said Commissioners shall be obliged, pre- viously to their entering upon their functions, to make the Oath, and in the forms detailed in the following Article.

Oath to be taken by Commissioners of Liquidation, Deposit, and

Arbitration. Art. XV. The Commissioners of Liquidation, the Commis-

408

No. 46] GREAT BRITAIN, &c, AND FRANCE. [20 Nov., 1815. [2nd Peacs of Paris. Claims of British. Subjects.]

sioners of Deposit, and the Arbitrators, shall together make an Oath, in presence of the Ambassador of His Britannic Majesty, and between the hands of the Keeper of the Seals of France, to proceed justly and faithfully, to have no preference either for the Creditor or for the Debtor, and to act in all their proceedings according to the stipulations of the Treaty of Paris of the 30th May, 1814 (No. 1), and of the Treaties and Conventions with France, signed this day (Nos. 40, 41, 42, 45, 46), and more particularly according to those of the present Convention.

Power to Commissioners to call Witnesses.

The Commissioners of Liquidation and the Arbitrators shall be authorised to call Witnesses whenever they shall judge it neces- sary, and to examine them by Oath in the usual forms, upon all poiuts relative to the different Claims which form the object of this Convention.

Time of Restoration of French Colonies of Martinique and

Guadaloupe.

Art. XVI. When the 3,500,000 francs of Interest, mentioned in Article IX, shall have been inscribed in the name of the Com- missioners, who are to hold that sum in Deposit, and on the first demand which shall be thereafter made by the French Govern- ment, His Britannic Majesty shall give the necessary orders to carry into execution the restoration of the French Colonies, as stipulated by the Treaty of Paris of the 30th May, 1814 (No. 1), comprehending Martinique and Guadaloupe, which have been since occupied by the British Forces.

The Inscription above-mentioned shall be made before the 1st January next, at the latest.

Restoration of Prisoners of War.

Art. XVII. The Prisoners of War, officers and soldiers, both naval and military or of any other description, taken during the hostilities which have lately ceased, shall on both sides be imme- diately restored to their respective Countries, under the same conditions which are specified in the Convention of the 23rd April, 1814,* and in the Treaty of the 30th May of the same year (No. 1) ; and the British Government renounces all claim to any

* See Appendix. 409

20 NOV., 1815.] GREAT BRITAIN, &c, AND FRANCE. [No. 46 [2nd Peace of Paris. Bordeaux Claims.]

sums or indemnities whatsoever, which might belong- to it from the surplus arising from the maintenance of the said Prisoners of War ; subject nevertheless, to the condition specified in Additional Article IV of the Treaty of Paris of the 30th May, 1814 (No. 1). Done at Paris, the 20th day of November, 1815.

(L.S.) CASTLEREAGII. (L.S.) RICHELIEU. (L.S.) WELLINGTON.

Additional Article. Paris, 20th November, 1815. Bordeaux Claims*

The Claims of the Subjects of His Britannic Majesty, founded on a decision of His Most Christian Majesty, relative to the British Merchandise introduced into Bordeaux, in conformity to the Tariff of Customs published in the above-mentioned city, by His Royal Highness the Duke d'Angouleme, on the 24th March, 1814, shall be liquidated and paid, according to the principles and the object declared in the above-mentioned decision of His Most Christian Majesty.

The Commission instituted by Article XIII of the Convention of this day, is directed to proceed immediately to the liquidation of the said Claim, and to fix the dates of its payment to be made in money.

The decision which shall be made by the Commissioners, shall be executed immediately, according to its form and tenor.

The present Additional Article shall have the same force and effect as if it were inserted, word for word, in the Convention signed this day, relative to the examination and liquidation of tho Claims of the Subjects of His Britannic Majesty against the Government of France.

In witness whereof, the respective Plenipotentiaries have signed it, and have thereto affixed the Seal of their Arms.

Done at Paris, the 20th day of November, 1815.

(L.S.) CASTLEREAGII. (L.S.) RICHELIEU. (L.S.) WELLINGTON.

* See Separate Article, 25th April, 1818; ami Additional Articles, 4th July, 1818.

4K»

No. 47]

GREAT BRITAIN, AUSTRIA, &c. [20 Nov., 1815. [Peace of Europe.]

No. 47.— NOTE of the Allied Ministers to the Duke de Richelieu, relative to the Maintenance of the Peace of •'Europe. Paris, 20th November, 1815.

(Translation.)

The Undersigned hope that the Duke de Richelieu will perceive in these Arrangements the same character and the same principles in which the measure of the Military Occupation of part of France has been conceived and adopted. They, moreover, carry with them, in quitting this country, the consolatory persuasion, that notwithstanding the elements of disorder which France may still contain in consequence of the Revolutionary Events, a wise and paternal Government, acting on principles adapted to compose and conciliate the minds of the people, and abstaining from all acts contrary to such system, will succeed not only in maintaining the Public Repose, but also in re-establishing universal Union and Confidence, while it will relieve the Allied Powers, as far as the measures of the Government will admit, from the painful necessity of recurring to the adoption of means, which, in the event of renewed disorder, would be imperiously prescribed to them by the duty of providing for the security of their own subjects and the general Tranquillity of Europe. The Undersigned, &c.

CASTLEREAGII.

HARDENBERG.

METTERNICH.

CAPO D'ISTRIA.

RASOUMOFFSKY.

WESSENBERG.

411

21 NOV., 1815.] GREAT BRITAIN, AUSTRIA, &c. [No. 48

[Fortifications : Netherlands, Germany, Savoy.]

No. 48. — PROTOCOL of Conference between Great Britain, Austria, Prussia, and Russia, respecting the Fortif cation of the Netherlands, Germany, and Savoy. Vienna, Zlst November, 1815.

[Referred to in Art. II of the Treaty between Prussia and Netherlands of 8th November 1816.]

Akt. Table.

Preamble. Disposal of Contributions payable by France.

1. Sums to be applied towards Fortifications in tbe Netherlands.

2. New Defensive Works for Germany.

3. Fortification of Savoy.

(Translation.*) Disposal of Contributions payable by France.

The Ministers of the Four Courts have taken into consideration the rules to be laid down for the employment of that part of the Contributions payable by France, which, according to their general determinations contained in the Proces-verbal of the 6th of November, 1815, are to bo wholly appropriated to the strengthening of the Defensive Line of the States bordering on France ; their Excellencies have recognized, in the adoption of this essentially European system, that the general safety and interests of all, and not the private advantage of any one State, is the object in view, and consequently that all the Powers who have concurred therein, should have an equal right reciprocally to watch over its execution, and from time to time to take cognizance of the application of the funds destined for an object of such high importance.

They have further resolved, that, in order to execute this measure in concert, and by regularly combined operations, it will be expedient to confide to such of the Great Powers as may be most conveniently situated for that purpose, the care of arranging with the Sovereigns directly interested in the several works, the plan to be pursued and the most convenient means of carrying it into effect.

Sums to be applied towards Fortifications in the Netlterkmds.

1 . For this purpose the Undersigned Ministers have agreed, that

* For French Version, see " State Papers," vol. iii, p. 249.

412

No. 48] GREAT BRITAIN, AUSTRIA, &c. [21 Nov., 1815.

[Fortifications : Netherlands, Germany, Savoy.]

the British Government shall, conjointly with that of the Nether- lands, determine upon the special employment of the Sums destined for fortifying the latter Country.

New Defensive Works for Germany.

2. That with respect to the Defensive System of Germany, the Courts of Austria aud of Prussia shall arrange, as well with each other as with those Sovereigns in whose territories new defensive works are to be constructed, the plans that are to be adopted and the measures that are to be pursued respecting them.

Fortification of Savoy.

3. That the Austrian Government shall enter into Relations with the King of Sardinia, relative to the Fortification of Savoy, exactly similar to those in which Great Britain is placed with respect to those of the Netherlands.

That the Powers reserve the right of coming to an under- standing with Spain, conformably to the principles herein esta- blished, and as their Excellencies have conceived it indispensable, that the operations which are about to be projected and executed, should form one general System, and be as closely connected as possible, it is further agreed that frequent communications shall take place between the Cabinets, for the purpose of respectively informing themselves of the different measures which may have been adopted, for the most advantageous employment of the Sums appropriated to ensuring the success of the said operations.

The present Proces-verlal is solely intended to testify the unanimity of the subscribing Ministers on the principle of the question of which it treats, and to form the basis of the instruc- tions which shall be given with regard to it to the Ministers at the different Courts.

CASTLEREAGH.

METTERNICH.

CAPO D'ISTRIA.

HARDENBERG.

RASOUMOFFSKY.

413

July— Nov., 1815.] GREAT BRITAIN, &c, AND FRANCE. [No. 49 [Paris Conferences. Territorial Arrangements.]

No. 49.— PROTOCOLS of Conferences between the Pleni- potentiaries of Great Britain, Austria, Prussia, Russia, and France relative to the Territorial Arrangements of Europe, §c. Paris, 2it7i July — 21st November, 1815.

"State

Papers,"

vol. iii.

Page

General Arrangements with France.

1. Administration of Departments to be occupied by the Allied

Troops. Note of Plenipotentiaries of 4 Powers to Prince Talleyrand 24th July. 215

2. Projet of Treaty of Peace 20th September. 216

Indemnities and Guarantees for future Security.

Confirmation of Treaty of Peace, 1814.

Limits of France.

Garrison of Monaco.

Neutrality of Switzerland.

Fortifications of Huningen.

Pecuniary Indemnity from France for Expenses of the War.

Contribution by Frame towards the Expenses of Fortifications for the"Defence of the Netherlands, Germany, and Piedmont.

Cession by France, of Condi, Givet, Charlemont, and Sarre Louis.

Temporary occupation of part of France by the Allied Troops.

Non-interference with Sovereignty.

Number of Troops. Fortresses to be occiipied. Line of Demarca- tion.

Subsistence, &c, of Troops.

Relations between the Army of Occupation and the Local Autho- rities.

Duration of Occupation.

3. "1 Principles of the demand from France of Territorial Cessions.

4. J 21st September. 221

Indemnities and Military Occupation 22nd September. 225

Guarantee of Security, and Compensation for Sacrifices — not for

Conquest. Non-recognition of inviolability of French Territory.

5. Pases of Arrangement 2nd October. 227

Modification of Limits of France.

Cession by France of Landau, Sarre Louis, PhilijJ-peville, and

Marienberg. Demolition of Fortress of Huningen. Monaco. Avignon, Venaissin, &c. Indemnity 700,000,000 francs. Military

Line.

414

No. 49] GREAT BRITAIN, &c, AND FRANCE. [July— Nov., 1815. [Paris Conferences. Territorial Arrangements.]

" State Papers," vol. iii. Occupation of Fortresses. Fage

Subsistence of Allied Troops. Duration of Occupation. Redaction of General Treaty.

Military Convention, and Conventions for Pecuniary Indemnity and Private Claims. C>. Pecuniary Indemnity and Subsistence of the Army of Occupation.

Payment of Contributions 13tb October. 229

7. Military Arrangements 22nd October. 233

Organisation, &c, of Army of Occupation.

Contingents of Austria, Great Britain, Prussia, and Russia. Contingents of Bavaria, Denmark, Saxony, Hanover, and Wurteni'

herg. Command of the Armies, and communication with the French

Goveiminent.

8. Territorial Arrangements. Acquisition of French Territory, and

Share of Fortification Money by the Netherlands. 3rd November. 234

A. Augmentation of Austrian and Prussian Indemnity by Netherlands.

Quota 235

Territorial Acquisition from France by Prussia, Austria, and

Switzerland. Extension of Swiss Neutrality. Acquisitions from France by Sardinia. Territorial Arrangements between Sardinia and Genoa. Removal of French and Sardinian Custom Houses. French Fortification Money for Sardinia.

Augmentation of Austrian and Prussian Indemnity by Sardinia. Territorial Arrangements between Austria and Prussia. Quota.

B. Indemnification of Meclclenburg-Strelitz. Oldenburg. Coburg.

Hesse-Homburgh and Pappenheim , 23G

Exchanges between Austria and Bavaria, and between Bavaria

and Hesse- Cassel. Augmentation of Bavarian share of Fortification Money. Reversion to Bavaria and Baden in part of Palatinate. Military route from Wurtzburg to FranJcenthal. Bavarian Garrison of Landau.

Cession by Bavaria to Austria of Territory derived from France. Cession by Austria to Hesse Darmstadt in return for the Duchy of

Westphalia. Retention of the Bresgau by Austria. C Defensive system of the Germanic Confederation. Fortresses of

Mayence, Luxemburg, and Landau. Sovereignty. Garrisons.

Distribution of French Indemnity for Fortifications to Prussia

and Bavaria, and for a Fourth Fortress on the Upper Rhine,

and the completion of the Works of Mayence . . 20th November. 238 9. French Indemnity, Distribution of, for Fortifications between the

Netherlands, Prussia, Sardinia, Bavaria, and Spain.

6th November. 242 415

July— Nov., 1815.] GREAT BRITAIN, &c, AND FRANCE. [No. 49 [Paris Conferences. Territorial Arrangements.]

" State Papers," vol. iii. Page Sums for Fourth Fortress on the Upper Rhine and Mayence. Distribution of Indemnity for Compensation to Spain, Portugal, Denmark, and Sivitzerland, and to Great Britain and Prussia. Division of Residue of Indemnity between Austria, Great Britain, Prussia, Russia, Bavaria, Netherlands, Wurtemierg, Sardinia, Baden, Hanover, Saxony, and the Minor Powers of Germany. Transfer of Sardinian and Netherland Stores to Austria and

Prussia. Payment of Indemnity. Anticipation by Austria and Prussia. Commission of Liquidation at Paris.

French payments for Subsistence, &c, of Allied Army of Occupa- tion. {Annex.) Table, Division of, between Austria, Great Britain,

Prussia, Russia, and the acceding Powers of the Alliance 246

10. Command of the Allied Army of Occupation 20th November. 246

Nature and Extent of the Command.

Non-interference with Royal Authority. Suppression of Revolutionary Convulsions.

Communications between the Commander-in-Chief and the Allies and the French Government.

11. Alliance between Austria, Great Britain, Prussia, and Russia.

20th November. 248 Objects of the Alliance, Tranquillity of France, and General Peace of Europe.

12. Fortification Money, Employment of : in the Netherlands, in con-

cert with Great Britain ; in Germany, in concert with Austria and Prussia ; in Sardinia, in concert with Austria; in Spain,

as to be agreed upon 21st November. 249

Communications as to general system of Fortifications.

[On the 27tli November, 1815, a Constitutional Charter was granted to the Kingdom of Poland ; a French Translation of which is to be found in " State Papers," vol. xix, p. 971.]

416

No. 50] HESSE-CASSEL AND PRUSSIA. [5 Feb., 1816.

[Fulda.]

No. 50.— PROTOCOL between Prussia and Hesse-Cassel, relative to the former Department of Fill da. Fulda, 5th February, 1816.

Sec. Table.

Preamble. Reference to Treaty of 16th October, 1815.

1. Transfer by Prussia to Hesse-Cassel of part of Department of Falda.

2. Liquidation.

3. The Military.

4. Articles excepted from the Cession.

5. Postal Rights.

6. Arrears.

7. Advances made from the General Fund.

8. Rents, &c, in arrear.

9. Archives. 10. Pensionaries.

(Translation.) 'Preamble. Reference to Treaty of 16th October, 1815.

The Commissioners appointed for the execution of the Treaty between His Royal Majesty of Prussia and His Royal Highness the Elector of Hesse-Cassel, concluded on the 16th October, 1815 (No. 37), namely :

For Prussia, Ilerr Friedrich Christian Adolph von Motz, &c. For the Elector of Hesse, Ilerr Ferdinand Carl Wilhelm Heinrieh Schenk von Schweinsberg, &c, &c, met at the palace here, and after producing their Full Powers, arranged as follows :

Transfer by Prussia to Ilesse-Cassel of part of Department of

Fulda.

§. 1. That part of the former Grand Ducal Department of Fulda, with the thereunto belonging Domain of Hettrichshausen, situated in the Principality of Hanau, still at the disposal of His Royal Majesty of Prussia is — in accordance with the Treaty of 16th October, 1815 (No. 37), but with reservation of the exchange of the District of Salmiinster with Merzel, Sannerz, and the Huttisehland, against an equivalent situated in the District of Weihers or its neighbourhood, to be effected by exclusive Treaty between their Majesties the King of Prussia and the Emperor of Austria, without any other exception, and with all rights and obligations, transferred ii His Royal Highness the Elector of

417 " 2 e

5 Feb., 181' ■ HESSE-GASSEL AND PRUSSIA. [No. 50

[Fulda.]

Hesse; and the inhabitants of the ceded districts are released from their engagements to His Royal Majesty of Prussia, in such wise that the full Rights of Possession may be immediately demanded for His Royal Highness the Elector and his descen- dants.

§§. 2 to 10. {See Table.)

Pone at Fulda, oth February, 181 G, and Signed and Sealed by both Commissioners.

VON MOTZ.

VON SCHWEINSBERG

lis

No. 51] PRUSSIA, HESSE-CASSEL, &c. L4 March, 1816.

[Hesse-Rothenlrarg'.]

No. 51. — TERRITORIAL CONVENTION between Prussia, Hesse- Cassel, and Hesse-Rothenburg. Signed at Cassel, 4th March, 18 16.

Art. Table.

Preamble. Reference to Treaty of 16th October, 1816.

1. Cession by the Landgrave of Hesse-Rothenburg of his Eight of Indemni-

fication to the Elector.

2. The Landgrave of Hesse-Rothenburg to receive an Estate nndcr Prussian

Sovereignty, with a clear Revenue to a certain amount.

3. The Landgrave of Hesse-Rothenburg to possess the Estate in fee.

4. "With all Rights appertaining to an Estate of that extent.

5. The Estate to be selected with his own concurrence.

6. The Landgrave of Hesse-Rothenburg to decide within a certain time

whether he will accept the Lordship of Ratibor and Rauden as an Indemnification.

7. The Elector to take the necessary measures to obtain possession of it if

the Landgrave of Hesse- Rothenbtcrg accepts the said Lordship.

8. If the Landgrave of Hesse-Rothenburg refuses, he will sfill be entitled to

the Indemnification.

9. Prussia guarantees both Elector and Landgrave against any interference

on the part of the Landgrave's uncle, Charles Constantine.

(Translation.)

Preamble. Reference to Treaty of 16tk October, 1816.

In the Treaty between Prussia and Hesse-Cassel of 16th October, 1815 (No. 37), a complete Indemnification was ensured to the Landgrave of Hesse-Rothenburg for the Cession of the Lower County of Katzenellnbogen, the Lordship of Plesse, including the Monastery of LTockelheim, and the Bailiwick of Neuengleichen.

As several difficulties have arisen as to the manner in which the Indemnification is to be made, His Majesty the King of Prussia has undertaken to facilitate the business by his co- operation.

For this purpose Plenipotentiaries have been appointed :

On the part of Prussia, President Conrad Sigismund Charles von Hoenlein, &c, &c. ;

On the part of Hesse-Cassel, Privy Councillor John Hassen-

pflug, &c, &^. ;

419 2 f. 2

4 March, 1816.] PRUSSIA, HESSE-OASSEL, &c. [No. 51

[Hesse-Rothenburg.]

On the part of Hesse-Rothenburg, Privy Councillor Charles William Goessel, &c, &c. ; who have agreed as follows : — Arts. I. to IX. (See Table.)

Cassel, 4th March, 1816.

VON IIOENLEIN. HASSENPFLUG.

GOESSEL.

420

No. 52] SARDINIA AND SWITZERLAND. [16 March, 1816.

[Geneva, Savoy, Chablais, and Faucigny.l

No. 52. — TREATY between Sardinia, the Siviss Confedera- tion, and the Canton of Geneva, respecting the Neutrality of Savoy, Chablais, Faucigny, fyc* Signed at Turin, 16th March, 1810.

[This Treaty formed Aimex I. to the General Treaty of Frankfort,

of 20th July, 1819.] Art. Table.

Preamble. Reference lo Treaty of 30th May, 1814 ; and to Protocols of 29th March and 3rd November, 1815.

1. Boundaries of Territory ceded by Sardinia to the Cauton of Geneva.

2. Mutual Renunciation of Sovereign Rights in countries ceded.

3. Line of Custom-IIouses in the neighbourhood of Geneva and the Lake.

4. Free export of Provisions from Savoy for the City and Canton of Genera.

5. Separate Convention to regulate D uties for Maintenance of the Sim plan Road. G. Transit Duties.

7. Perpetual Neutrality of Chablais, Faucigny, and Territory north of

XJgine (Upper Savoy).

8. Freedom of Commercial communication.

9. Disposal of Property by Sardinians in ceded countries.

10. Rights of Sardinians to be respected.

11. Dispositions in favour of Territory ceded.

12. Maintenance of Catholic Religion in ceded States.

13. Maintenance of Charitable Establishments and Public Instruction in

ceded States.

14. Landed Proprietors on Frontiers.

15. Land Tax on Estates. Water Rights of Genevese Proprietors.

16. Abolition of Succession Duties.

17. Siviss Proprietors on Frontiers of Piedmont.

18. Payment of Contributions.

19. Public Debts of ceded Territory.

20. Liquidation of Debts of Department of the Leman. Good Offices of

French Government. Restoration of Title Deeds, &c. Free access to all Documents.

21. Payment to be made by Canton of Geneva towards new Custom-Houses.

22. Appointment of Boundary Commissioners.

23. Former Treaties renewed.

24. Ratifications.

.(Translation as laid before Parliament.!)

In the Name of the Most Holy and Undivided Trinity.

Preamble. Reference to Treaty of 30th May, 1814; and to Protocols

of2dth March and 3rd November, 1815.

His Majesty the King' of Sardinia, in consideration of the

* See Treaty between France and Sardinia of 24th March, 18G0, for the cession of Savoy and Nice to France ; and notes of 14th March, 1859 ; 18th July, 1870 ; and 29th July, 1870.

f For French version, see " State Papers," vol. vii., p. 2,1.

421.

16 March, 1816,] SARDINIA AND SWITZERLAND. [No. 52

[Geneva, Savoy, Chablais, and Faucigny.]

lively solicitude manifested by the Powers who signed the Treaty of Paris of the 30th of May, 1814 (No. 1), that the Canton of Geneva should obtain some facilites, as well in the view of disengaging some part of its possessions enclosed in other countries {enclaves), as also with reference to its communications with Switzerland, having consented, by the Protocol of the Congress of Vienna of the 29th of March, 1815 (No. 10), to place at the disposal of the said Powers a part of Savoy therein specified, intended to be united to Geneva ; and in order to give to that Canton a peculiar mark of his good will, having also agreed to the Stipulations contained in the 5th and 6th Articles of the said Protocol :

The Four Great Allied Powers,* having subsequently deter- mined, in the Protocol signed by their Ministers Plenipotentiary at Paris, the 3rd of November (No. 38), that the part of Savoy occupied by France should be restored to His said Majesty, with the exception of the Commune of St. Julien, which should be ceded to Geneva ; and having furthermore engaged to use their good offices, to induce His Majesty to cede to the Canton of Geneva, Chenc, Thonex, and some other Communes necessary to disengage the Swiss territory of Jussy, in exchange for the retrocession of the Communes of the Litorale, situated between the road of Evian and the Lake, as well as for the removal of the Line of Custom-IIouses to a distance of at least a league from the Swiss frontier, and beyond the mountains mentioned in the said Protocol:

Finally, the said Protocols having settled the general measures for extending to a part of Savoy the advantages of the perpetual Neutrality of Switzerland :

His Majesty the King of Sardinia on the one par!, wishing to give to His August Allies fresh proofs of His sentiments towards them, and testimonies of His amicable dispositions towards the whole of the Swiss Confederation, and particularly towards the Canton of Geneva ;

And on the other part, His Excellency the Burgomaster, President, and the State Council of the Canton of Zurich, tin- Federal Directory, in the name of the Swiss Confederation, being anxious to renew with His said Majesty those bonds and connections which affect the interests of both countries, and to consolidate the relations of good neighbourhood which unite them : have resolved to appoint Plenipotentiaries who shall

■ Qreal Britain, Austria, Prussia and Russia 122

No. 52] SARDINIA AND SWITZERLAND. [16 March, 1816.

[Geneva, Savoy, Chablais, and Faucigny.]

regulate every thing that may concern the fixing the new limits to the territory ceded by the Protocol of the 29th of March (No. 10), (on which subject Conferences had already been held at Chene), as well the Arrangements relative to the new Cessions, and removal of the Custom-Houses, as also what concerns the Neutrality of certain parts of Savoy, the regulations of Transit and Commerce, and finally, of all that can reciprocally interest the two States, and provide for their mutual convenience ;

For these purposes they have named, viz. : —

His Majesty the King of Sardinia, the Chevalier Louis de Montiglio, His Majesty's Advocate Fiscal General to the Senate of Savoy and the Chevalier Louis Provana de Collegno, one of His Majesty's Councillors, and Commissary General of the Frontiers of His States ;

And on the part of the Swiss Confederation and the Canton of Geneva, M. Charles Pictet de Rochcmont, Councillor of State ;

Who, having exchanged their Full Powers annexed to the present Treaty, and having found them in good and due form, and taking for the basis of their labours the principle of recip- rocal convenience and mutual advantages to the Administration of both Governments ; and being desirous also that His Majesty should have a principal Town commodiously situated for the Communes remaining to the Province of Carouge, and that he should preserve within His own territory easy communications between Lower Savoy and Chablais, have agreed to the following Terms : —

Boundaries of Territory ceded by Sardinia to the Canton of Geneva,

Art. I. The territory ceded by His Majesty the King of Sardinia, to be united to the Canton of Geneva, as well in virtue of the Acts of the Congress of Vienna of the 29th of March, 1815 (No. 10), as pursuant to the provisions of the Protocol of the Allied Powers of the 3rd of November (No. 38), following, and to the Treaty of this day; is bounded by the Rhone, from the ancient frontier near St. George to the confines of the old territory of Geneva, to the west of Aire-la-Ville ; thence by a line following the confines of the said ancient territory as far as the river Laire, reascending that river as far as the road leading from Perriere to Soral, along the same road up to Soral, which place together with the road shall remain entirely on the side of Geneva ; thence by a right line drawn to the salient angle of the Commune of Eernex to the west of Norcicr. From this angle the boundary shall

16 March, 1816.] SARDINIA AND SWITZERLAND. [No. 52,

[Geneva, Savoy, Chablais, and Faucigny.]

take the shortest direction to the south angle of the Commune of Bernex on the Aire, leaving Norcier and Thurens on the side of Savoy : from this point it shall take the shortest line to the Com- mune of Compessieres, along the boundary of this Commune to the east of St. Julien as far as the rivulet Arande, which runs between Termer and Bardonex ; reascending the same as far as the high road from Annec}* to Carouge, it shall fullow this route until it branches off to the road which leads direct to Collonge, at 155 yards (toises) of Savoy before it reaches the Cross of Koson ; it shall meet by this road the rivulet which runs down from the village of Archamp, and shall follow the same until it joins the brook which descends from the hamlet of La Combe beyond Evordes, leaving however, all the houses in Evordes on the side of Geneva j thence from the rivulet of La Combe it shall take the road that runs below Bossey, below Crevin and above Veirier.

From the intersection of this road to the east, and near Veirier, by the one leading from Carouge to Etrembieres the limit shall be described by the shortest line to the Arve at two tuises above the water course which supplies the canal of the mill of Sierne ; following from thence the Thalweg of that river to the mouth of the Foron, and remounting the same to that point beyond Cormiere, to be ascertained by the shortest line drawn from the junction of the route of Carra with the road, which from the north of Publingc leads to the north of Ville-la- Grand, it shall follow the said line, and this last road towards the east, giving it to Geneva ; thence it shall follow the road which remounts parallel with the Foron, until it comes in contact with the territory of Jussy.

From this point the line shall resume the ancient limits till it meets the road leading from Gy to Foncenex, and shall follow the said road northward to the extremity of the village of Gy, leaving the said road on the side of Geneva. The boundary shall thence be directed in a straight line upon the village of Veigi, in such manner as to leave all the houses of the village on the side of Savoy ; afterwards in a straight line to where the Ilermance intersects the great road of the Simplon.

Finally it shall follow the course of the Ilermance as far as the lake, which shall be the limit of the new territory to the north-west, it being understood that the property of one half the breadth of the lake from the Tiermance to Vezenag is acquired by the Canton of Geneva, and that in like manner the portions of the course of the Rhone which have hitherto formed the

424

No. 52] SARDINIA AXD SWITZERLAND. [16 March, 1816.

[Geneva, Savoy, Chablais, and Faucigny.]

boundary between the two States shall appertain to His Majesty, and that the roads constituting the before-mentioned frontier line of the above Delimitation shall belong to His Majesty, with the exceptions already described, and that all the inclosures formed by walls or hedges contiguous to the houses of villages or hamlets, bordering on the new frontiers shall appertain to that State in which the said village or hamlet may be situated ; the line marking the confines of the States shall not approach within two yards (toises) of such houses or inclosures contiguous thereto, and surrounded by walls or hedges. As to the rivers and rivulets which, according to the alterations of boundaries resulting from the present Treaty, are to determine the new frontier, the centre of their courses shall form the boundaries ; except that of the Foron, which shall entirely appertain to His Majesty, and the passage of that river shall not be subject to any duty whatever.

Mutual Renunciation of Sovereign Rights in Countries ceded.

Art. II. The Contracting Powers renounce all Sovereign and other Rights which may appertain to them in the countries reciprocally ceded, namely; His Majesty, in the territory situated between the route of Evian, the lake and the river Ilcrmance ; the Swiss Confederation and the Canton of Geneva, in that portion of the Commune of St. Julien, where the principal Town is situated; the whole conformably to the Delimitation fixed by the preceding Article. All the Titles, Registers and Documents concerning the Ceded Countries shall be given over on both sides as soon as possible.

Line of Custom-Houses* in the neighbourhood of Geneva and the

Lake. Art. III. According to the purport of the Protocol of the 3rd of November (No. 38), respecting Custom-Houses (reconciling at the same time its dispositions, as much as possible, with the in- terests of His Majesty) the Line of Custom-Houses in the neigh- bourhood of Geneva and the Lake, shall proceed from the Rhone by Cologny, Valeiry, Cheney, Luiset, Chable, Sapey, Vieson, Etrembieres, Annemasse, Ville-la-Grand, along the course of the Foron to Machilly, thence by Deuvaine and Colongette as far as the Lake, and along the Lake to Meillerie, afterwards resuming and continuing the present frontier at the post nearest to Saint Gingoulph ; it being understood that His Majesty shall

* Sec also Article XXI.

425

16 March, 1816.] SARDINIA AND SWITZERLAND. [No. 52

[Geneva, Savoy, Chablais, and Faueigny.]

be at liberty to make such alterations and dispositions relative to the numbers and situations of his Custom-Houses within the said line as he may deem most convenient.

No Custom-IIouse duty can be performed either on the Lake or within the space (Zone) which separates the territory of the Canton of Geneva, from the line above described ; it shall, nevertheless, be at all times lawful for His Majesty's adminis- trative authorities, to take such measures as they may deem necessary to prevent any illegal traffic, resulting- from depots or the stationing of merchandize, within the said space {Zone).

The Government of Geneva desiring, on its part, to second the views of His Majesty in this respect, will take the necessary precautions to prevent smuggling from being encouraged by the inhabitants of the Canton.

Free export of Provisions from Savoy for the City and Canton of

Geneva.

Art. IV. Provisions, intended for the supply of the City and Canton of Geneva, may at all times be freely exported from the Duchy of Savoy, without being subject to any duty whatever ; unless His Majesty should judge it expedient in case of famine, to forbid, by general measures of administration, the exportation of them from his States of Savoy and Piedmont.

Separate Convention to regulate Duties for maintenance of the Road

of the Simplon.

Art. V. Merchandise and provisions which, coming from the States of His Majesty, and from the Free Port of Genoa, shall traverse the Road called that of the Simplon, through the whole of its extent by the Valais and State of Geneva, being exempt from 1 ransit duties, in virtue of the second Article of the Protocol of the ■Congress of Vienna of the 29th March, 1815 (No. 10), the whole of the Duties relative to the maintenance of the Road, as well in the Valais, the Chablais, and the Canton of Geneva, as by the Road of St. Julien and of Meyrin, under whatever denomina- tion they may be described, shall be fixed by a Separate Con- vention* in a just proportion with the expenses resulting from the local difficulties, and shall not be augmented but by the common consent of the respective Governments.

The said Governments engage not to grant any exemption from, or diminution of, those duties, to other Powers, without * Protocol of 15th June, 1816.

426

No. 52] SARDINIA AND SWITZERLAND. [16 March, 1816.

[Geneva, Savoy, Chablais, and Faucig-ny.J

immediately rendering such exemption or diminution common to the Contracting Parties.

Transit Duties.

Art. VI. Provisions and merchandise coming- from the States of His Majesty, which shall be declared upon their entrance into the Valais to be only in transit, shall, nevertheless, pay the same duty as if they were intended to be consumed in the country, but the amount of the said duty shall be returned when they quit the Valais, upon the identity of the merchandise being established, by verifying the seals, or by the customary marks affixed to it on its entrance, if more than six weeks shall not have elapsed since that period ; and in case of any impediment preventing it from passing within that time, a longer delay must be obtained, which shall be permitted gratuitously.

The same formalities shall be observed upon entering and quitting the Canton of Geneva.

The seals or other marks affixed in the Valais to verify the identity of the merchandise in transit, shall be recognised and admitted in the Canton of Geneva, and finally the provisions and merchandise coming from the Valais by the Chablais, and destined for Geneva, which enjoy the same exemptions in the territories of His Majesty, shall be subject to the same formalities.

The expense of the marks affixed to the merchandize, must not exceed the real cost of the lead or other materials, so employed.

Perpetual Neutrality of Chablais, Faucigny, and Territory north of Uyine ( Upper Savoy).

Art. VII. The Protocol of the Congress of Vienna, of the 29th March, 1815 (No. 10), accepted by the Act of the Diet of the Swiss Confederation, dated the 12th of April following, having stipulated as one of the Conditions of the Cession of the territory in favour of the Canton of Geneva; "That the " Provinces of Chablais, and of Faucigny, with all the terri- " tory to the North of Ugine, belonging to His Majesty, should '• form part of the Swiss Neutrality, guaranteed by all the " Powers," as explained in the first Article of the said Protocol:

The Federal Directory, having declared, by its Official Note to His Majesty's Minister of the 1st of November ;

kk That the Swiss Confederation has accepted the Acts of the

427

16 March, 1816.] SAEDINIA AND SWITZERLAND. iNo- 52

[Geneva, Savoy, Chablais, and Faucigrny.l

" CoDgress of Vienna, of the 29th March (No. 10), in their "-full extent and according to their literal tenour, without any " reservation ; so that the difference that may be discovered '; between the wording of the afore-mentioned Act of the Diet, " and of the Protocol of the Congress, ought by no means to be " viewed as a restriction, or as a deviation from the precise '• meaning of the latter," and the same Official Note having added ;

" It results from these explanations, that Switzerland makes " no distinction or reserve on the subject of admitting the " Provinces of Chablais, of Faucigny, and of the territory north " of Ugine, into its system of Neutrality, which may tend to " weaken or modify the dispositions expressed in the Acts of " the Congress of the 29th March:"

The Treaty of Paris, of the 20th November, 1815 (No. 40), having, in like manner, extended this Neutrality of Switzerland, to another part of His Majesty's territory : and finally the Act of the same day Acknowledging and Guaranteeing the Perpetual Neutrality of Switzerland, and the Inviolability of its Territory (No. 43), containing the following Article :

" The Powers acknowledge and guarantee the Neutrality of " those parts of Savoy, described by the Act of the Congress of " Vienna, of the 29th March, 1815 (No. 10), and by the Treaty " of this day, equally with the Neutrality of Switzerland, which " shall be enjoyed in the same manner as if they appertained " thereto."

These several Declarations and Stipulations, which Switzer- land acknowledges and accepts, and to which His Majesty accedes in the most formal manner, shall be binding between the two States.

Freedom of Commercial communication.

Art. VIII. The Commercial communication between the Provinces of Savoy across the State of Geneva shall be all times free, with the exception of what regards Police Regulations, which shall be equally binding upon the subjects of His Majesty, as upon the Genevese themselves.

Disposal of Property by Sardinian* in ceded Countries.

Emigration.

Art. IX. His Majesty's subjects United to the Canton of < Miu'va. shall at all times be at liberty to dispose of the Property

428

No. 52] SARDINIA AND SWITZERLAND. [16 March, 1816.

[Geneva, Savoy, Chablais, and Faucigny.]

they may possess in the said Canton, and to withdraw therefrom into whatever country they may prefer.

Rights of Sardinians to be respected.

Art. X. The rights acquired by His Majesty's subjects, in virtue of the laws iu force at the time of the transfer of the territory, shall be respected by the new Legislation, and the Acts and Contracts existing, as well as the Judgments passed according to the said Laws, shall not be contested except by public proceedings in virtue of those laws, unless in anything which concerns the competency of, and the forms of procedure estab- lished for, the Genevese Tribunals.

Dispositions in favour of Territory ceded.

Art. XI. The dispositions of the Protocol of Vienna of the 29 th March, 1815 (No. 10), in favour of the territory ceded by His Majesty to be united to the State of Geneva, shall also apply to the territory, the property of which shall be acquired by the said State, conformably to the Protocol of the 3rd of November following (No. 38), and to the Delimitation fixed by the Treaty of this day.

Maintenance of Catholic Religion in ceded States.

Art. XII. With regard to all the objects to which it was foreseen, in the Protocol of Vienna of the 29th March, 1815 (No. 10), that the future laws of the Constitution of Geneva would not be applicable ; and considering that the said Protocol has directed, by the first clause of Article III., " that the " Catholic Religion shall be maintained and protected in the same " manner as at present in all those Communes ceded by His " Majesty the King of Sardinia, which are to be united to the " Canton of Geneva" ; it is agreed that the Laws and Customs in force on the 29th March, 1815, relative to the Catholic Religion, shall be maintained throughout the whole of the ceded territory, unless they shall be otherwise regulated by the authority of the Holy See.

In execution of the Gth clause of the said Article III., which has directed that the Curate of the Catholic Church of Geneva shall be properly lodged and paid, this object is regulated conformably to the stipulation contained in the Private Act of this day's date.

121)

16 March, 1818. 1 SARDINIA AND SWITZERLAND. [No. 52

TG-eneva, Savoy, Chablais, and Faucigny.]

Maintenance of Charitable Establishments and Public Instruction

in ceded States.

Art. XIII. The Government of Geneva, wishing to show the sentiments by which it is animated towards the inhabitants of the ceded Communes, and its desire to make a suitable provision for Charitable Establishments and those for Public Instruction, agrees that the part yet unpaid of the price of the property belonging to the said Communes, which was sold under the French Administra- tion, and the funds and securities obtained under that head by the said Communes, shall be received by them and employed for their advantage ; that the existing Establishments of Charity and Public Instruction shall preserve the funds and advantages which they then possessed; and finally, it will provide that those establishments shall not be injured in any respect by the present cession of territory.

Landed Proprietors on Frontiers.

Art. XIV. The Landed Proprietors whose estates may be in- tersected by the present Delimitation, in such manner as to leave- their habitations or out-houses in one State and their grounds in the other, shall enjoy the liberty of cultivating their grounds the same as if the whole estate were united in one Territory. They shall not be subject, in consequence of such estates, to greater charges than if they belonged to the State in which the same are situated ; and the principle of the two Governments shall be specially to protect Ihe said Proprietors, and perfectly to accord in measures of safety and police.

Land Tax on Estates.

Art. XV. The Land Tax on the Estates called those of the Old Survey shall not exceed the rate it bore on the 29th of March, 1815, whilst they shall remain in the hands of the Genevese, and the landed property actually belonging to the Genevese on the mountain's side, north of Saleve, between Veirier and the western boundary of the Commune of Colon ge, with Archamps and the pastures dependent thereon, may at all times be sold to Genevese subjects.

Water Rights of Genevese Proprietors.

The Genevese Proprietors of the low grounds of Saleve, whether bordering upon Savoy or Geneva, who enjoy the benefits

' 430

No. 521 SARDINIA AND SWITZERLAND. [16 March, 1316.

[Geneva, Savoy, Chablais, and Faucigny.l

derived from the waters which fall from the adjacent mountain, and who, according' to the dispositions of the general constitu- tions, require a grant from His Majesty to preserve to them the enjoyment of those benefits, shall be treated with regard thereto, as if they were His Majesty's subjects, excepting only the Droits (fas Tiers.

Abolition of Succession Duties.

Art. XVI. All Droits cVAxibaine, cle Detraction, and others of the same nature relative to Inheritances, which may be in force in the States of His Majesty with regard to the Swiss Cantons, and vice versa, shall be abolished from the date of the exchange of the Ratifications of the present Treaty.

Swiss Proprietors on Frontiers of Piedmont '.

Art. XVII. The Swiss Proprietors of landed property situated within less than two miles of the frontiers of Piedmont, fixed by the present Treaty, and the titles of which are anterior to the 3rd of November, 1815, shall not be disturbed on account of the dispositions with regard thereto, contained in the General Regula- tions of His Majesty ; they being required, however, to conform to the said Regulations whenever the afore-mentioned property shall be transferred otherwise than by succession.

Payment of Contributions.

Art. XVIII. Tire Contributions from the territories respectively ceded, shall appertain to the State who is to possess them, from the 1st of April next ; the account thereof to be made np and the amount paid within a month after the transfer of the territory, deducting the expenses'of their administration up to the time of the said transfer.

Public Debts of ceded Territory.

Art. XIX. The Public Debts of the territory ceded to Geneva by the present Treaty, for which, according to Articles XXI., XXVI., and XXX. of the Treaty of Paris of the 30th May, 1814 (No. 1), and of the 20th November, 1815 (No. 40), His Majesty's Government is responsible, shall be transferred to the Genevese Government from the 1st of April next.

131

16 March, 1816.] SARDINIA AND SWITZERLAND. [No. 52

[Geneva, Savoy, Chablais, and Faucigny.]

Liquidation of Debts of Department of the Leman.

Art. XX. His Majesty shall appoint two Commissioners who shall regulate and complete, with the least possible delay, in conjunction with two other Commissioners to be appointed by the Canton of Geneva, the liquidation of Debts owing to or by the ancient department of the Leman, as well as those connected with the relations which have existed between the two States.

Good Offices of French Government.

The French Government shall be invited to interpose in this liquidation for the general interests of the said department.

Restoration of Title Deeds, cj-c.

The Titles, Registers, and other Documents of the former Executive and Judicial Authorities, and of the different Adminis- trations of the said department, deposited at Geneva, which concern the inhabitants and Communes of His Majesty's territory, shall be restored to the two Royal Commissioners ; and His Majesty agrees that all the Documents which relate to the whole department, or the ancient Arrondissement of the Sub-Prefecture of Geneva, shall, after an inventory has been made of the same. remain during five years, to commence from this day, in the said City, in the custody of two responsible Depositaries, one of them to be appointed by His Majesty, and the other by the Genevcsc Government ; at the expiration of which term the two Govern- ments shall concert together respecting the expediency of con- tinuing, modifying, or suppressing, that establishment.

His Majesty's subjects shall have free access to these Deposits, and copies of Documents when demanded, or when it may be necessary to produce them before the Tribunals and other Royal Authorities, shall be delivered and regularly certified by the King's Depositary, alone, who shall receive the incidental fees on His Majesty's account.

Payment to be made by Canton of Geneva towards /aw Custom-

Houses Art. XXI. The establishment of Custom-Ilouses on the new line occasioning considerable expense to His Majestj', and the Delimitation fixed by Article I. requiring fresh constructions or improvements, on several points of the road of communication between Lower Savoy and the Chablais, the Canton of Geneva

432

No. 521 SARDINIA AND SWITZERLAND. [16 March, 1816.

[Geneva, Savoy, Chablais, and Faucigrny.j

shall place the sum of 100,000 Piedmontese livres at His Majesty's disposal, which sum shall be payable at Saint Julien within six months after the signature of the present Treaty.

Appointment of Boundary Commissioners.

Art. XXII. Two Commissioners shall be immediately ap- pointed, one by His Sardinian Majesty, and the other by the Swiss Confederation and the Canton of Geneva, to proceed to the afore-mentioned Delimitation, in such manner as to complete it before the exchange of the Ratifications. The Commissioners shall draw up a Proees- Verbal of their proceedings, joining thereto a topographical Plan of the whole of the Limits, wherein the several Communes shall be described, which Plan shall be signed by them. The said document shall be signed in triplicate, and shall be annexed to the present Treaty.

Former Treaties renewal.

Art. XXIII. The dispositions of former Treaties, and especially of that of the 3rd of June, 1754,* which are not ex- pressly affected by the present Treaty, are hereby confirmed.

Ratifications.

Art. XXIV. The present Treaty shall be ratified by His Majesty, the Swiss Confederation, and the Canton of Geneva, and the Ratifications shall be exchanged within the space of three months, or sooner if possible.

Immediately after the exchange of the Ratifications, the transfer of the territories shall reciprocally take place.

In testimony whereof the Plenipotentiaries have hereunto affixed their Signatures and the Seals of their Arms.

Done at Turin, the 16th day of March, in the year of our Lord, 1816.

(L. S.) MONTIGLIO. (L. S.) PROYANA DI COLLEGNO. (L. S.) C. PICTET DE ROCHEMO^T, Councillor of State.

* See Appendix.

133

14 April, 1816.] AUSTRIA AND BAVARIA. [No. 53

[Territorial.!

No. 53. — TREATY of Limits between Austria and Bavaria. Signed at Munich, \A:th April, 1816.

("This Treaty formed Annex No. XI. to the General Treaty of Frankfort of 20th July, 1819.]

Art. Table.

Preamble.

1. Retrocessions by Bavaria to Austria.

2. Cessions by Austria to Bavaria on the Left and Right Banks of the

Rhine, in exchange for Bavarian Retrocessions. Fortress of Landau.

3. Engagement of Austria to obtain for Bavaria cessions from Hesse-

Darmstadt and Baden.

4. Indemnification by Austria to Bavaria for relinquishment of principle of

contiguity.

5. Military Road between the Possessions of Bavaria on the Mayne and

the Left Bank of the Rhine.

6. Portion of French contribution to be given to Bavaria.

7. Supply of Salt to Bavaria, free from ail export and transit Duties.

8. Free passage and transit of Salt through Bavarian States from the Tyrol

to Bregenz.

9. Navigation of Rivers. The Salza and the Saale.

10. Payment of Debts secured by Mortgages upon countries respectively

ceded. Payment of Pensions, &c.

11. Sale or alienation of Domains.

12. Delivery of all Archives, Maps, Plans, and Documents.

13. Maintenance of Conventions abolishing the Succession Duties {Droit

d'Aiibaine).

14. Military to be placed at disposal of respective Sovereigns. Officers and

Soldiers may remain in service of either State.

15. Free enjoyment by Individuals and Religious foundations of their real

and personal Property. Liberty to Emigrate.

16. Possession of all ceded Places, Fortresses, Cities, and Territories.

17. Withdrawal by Bavaria of Artillery and Military Stores at Salzburg.

18. Sale by Bavaria of their Magazines of Salt, Mineral Productions, &c, or

their free export.

19. Commission to settle Boundary separating the country of Salzbi&g

from that of Berchtoldsgaben , and from the Bailiwick of Reiehen- hall.

20. Special Commission of Claims.

21. Commission to regulate all ancient Grants and clearing of the Forests

of the Yalley of the Saale.

22. Right of Bavaria to transport and float all wood cut in Valley of the

Upper Saale.

23. Renunciations by Austria and Bavaria, respectively, of all Rights and

Claims over ceded States, &c.

24. Portions of Territory exchanged and guaranteed to pass to new

Possessors.

434

No. 53] AUSTRIA AND BAVARIA. [14 April, 1816.

[Territorial.]

25. Guarantee by Austria to Bavaria of the free and peaceable enjoyment

and Sovereignty of all States, &c, in his possession. Courts of St. Petersburg, London, and Berlin to be invited to grant similar guarantee.

26. Ratifications.

(Translation as laid before Parliament.*) In the Name of the Most Holy and Undivided Trinity.

Preamble.

His Majesty the Emperor of Austria, and His Majesty the King of Bavaria, equally animated with the desire of drawing" closer the bonds of friendship which unite them, by fixing- in a definitive manner the Boundaries and Relations of their respective States, have appointed Plenipotentiaries to concert, determine, and sign all that relates to these objects, viz. : —

His Majesty the Emperor of Austria, the Sieur John Peter Theodore Baron de Wacquant-Geozelles, Chamberlain, Privy Councillor, Lieutenant-General in His Service, &c.

And His Majesty the King of Bavaria, the Sieur Maximilian Comte de Montgelas, His Chamberlain, Minister of State and of Conferences, Directing Minister for the Departments of Foreign Affairs, of Finance, and of the Interior, Minister and State Secretary of the Royal Household, &c.

And the Sieur Louis Comte de Rechberg and Rothenlowen, His Chamberlain and Privy Councillor, Envoy Extraordinary and Minister Plenipotentiary to His Imperial and Royal Apostolic Majesty, &c.

Who, after having exchanged their Full Powers, and found them in good and due form, have agreed upon the following Articles : —

Retrocessions by Bavaria to Austria, f

Art. I. His Majesty the King of Bavaria, for Himself, His Heirs and Successors, gives back and abandons, in full Property and Sovereignty, to His Majesty the Emperor of Austria, as well as to His Heirs and Successors : —

The parts of Hausruckviertel and the Innviertel, in the state they were ceded by Austria in 1809.

The Tyrolien Bailiwick of Vils, and the Duchy of Salzburg, in the state it was ceded by Austria in 1809.

* For French version, see " State Papers," vol. vii., p. 63. f See Treaty of 201 h July, 1819, Art. I.

435 2 f 2

14 April, 1816.] AUSTRIA AND BAVARIA. rNo. 53

[Territorial.]

Those parts of the Baliwicks of Waging, Sittmaniug, Teisen- ' dorf and Laufen, situated on the left bank of the Salza and the Saal, are excepted from the present Retrocession.

These districts with their appurtenances and dependencies shall continue to belong to the Crown of Bavaria, in full Property and Sovereignty.

Cessions hy Austria to Bavaria on the Left and Right Banks of the Rhine, in exchange fur Bavarian Retrocessions.

Art. II. In return for these concessions, His Majesty the Emperor of Austria, for Himself, His Heirs and Successors, gives up to His Majesty the King of Bavaria, His Heirs and Successors, in full Property and Sovereignty : —

A. On the Left bank of the Rhine.

In the Department of Mount Tonnerre :

1st. The Arrondissements of Deux-Ponts, Kaiserlautern and Spire, excepting from the latter the Cantons of "Worms and Pfeddersheim.

2nd. The Canton of Kirchen-Poland in the Arrondissement of Alzey.

In the Department of the Saar :*

3rd. The Cantons of Waldmohr, Bliescastel, and Coussel : excepting from this last, certain places on the road from Saint Wendel to Baumholder, for which a compensation shall be made by a territorial arrangement to be regulated in concert with the Plenipotentiaries of the Allied Powers at Frankfort. f

Fortress of Landau, cj-c.

In the Department of the Lower Rhine :

4th. The Canton, with the City and Fortress of Landau, this last as a Fortress of the Confederation,! conformably to the arrangements of the 3rd of November, 1815 (No. 38).

5th. The Cantons of Bergzabern, Langenkandel, and every other part of the Department of the Lower Rhine, ceded by France on the left bank of the Lauter, by the Treaty of Paris of the 20th of November, 1815 (No. 40).

These countries shall be possessed by His Majesty the King of Bavaria, without other charges or mortgages than those which existed during the Austrian Administration.

* Sec Conventions between Austria and Prussia of 1st July, 181G j 30th September, 1818 ; 30th January, 1844 ; and 16th December, 1850. t See General Treaty of 20th July, 1819, Art. III.

436

No. 53] AUSTRIA AND BAVARIA. [14 April, 1816,

[Territorial.]

B. On the right of the Rhine.

1st. The former Fuldois Bailiwicks of Hammelburg with Tulba and Salek, Briickenau with Motten, that of Weyhers, — with the exception of the villages of Melters and Ilattenrodt; as well as that part of the Bailiwick of Bieberstein, which includes the villages of Batten, Brand, Dietges, Findlos, Liebhardt, Mclperz, Oberbernhardt, with Steinbach, Saifferz and Thaiden; the whole of these districts to be given up in the state they were possessed by His Imperial and Royal Apostolic Majesty.

2nd. The Austrian Bailiwick of Redwitz enclosed (enclave) in the Bavarian States.

Engagement of Austria to obtain for Bavaria cessions from Hesse- Darmstadt and Baden.

Art. III. His Majesty the Emperor of Austria engages for Himself, in concert with His High Allies, to employ His most earnest intervention, and to use His utmost endeavours to procure for His Majesty the King of Bavaria :

On the part of His Royal Highness the Grand Duke of Hesse, the pure, simple, and unlimited cession of the Bailiwicks of Alzenau, Miltenberg, Amorbach, and Heubach.*

On the part of His Royal Highness the Grand Duke of Baden, a part of the Bailiwick of Wertheim, according to the arrangements made at Paris on the 3rd of November, 1815 (No. 38).

Indemnification by Austria to Bavaria for relinquishment of principle of contiguity.

Art. IV. The contiguity of the acquisitions made by Bavaria in exchange for the afore-mentioned retrocessions, being a stipu- lation of the Treaty of Ried,f His Majesty the Emperor of Austria recognizes the right of His Majesty the King of Bavaria to an indemnification on His relinquishment of the principle of contiguity.

This indemnification shall be fixed at Frankfort, at the same time and in the same manner as the other Territorial Arrange- ments of Germany. |

To this effect His Majesty the Emperor of Austria engages to give nis Majesty the King of Bavaria a compensation, which has been agreed upon between them, until the final result of the

* See Treaty between Austria, Prussia, &c, of 30th June, 1816, Art. III. f Preliminary Treaty of Alliance between Austria and Baxaria of 6th October, 1813, Art, IV. See Appendix. + Sec General Treaty. 2Clh July, 1819.

437

14 April, 1816,] AUSTRIA AND BAVARIA. [No. 53

[Territorial.]

negotiations at Frankfort, and until His Majesty shall have received the indemnification for His relinquishment of the principle

of contiguity.

Military Road between the Possessions of Bavaria on the Mayne and the Left Bank of the Rhine.

Art. V. A direct communication shall be established between the possessions of His Majesty the King of Bavaria on the Mayne and those on the left bank of the Rhine, which shall be regulated in concert with the parties interested.

His Royal Highness the Grand Duke of Baden shall be invited to enter into the necessary arrangements for the said Military Road through his States.

Portion of French contribution to be given to Bavaria. Art. VI. His Majesty the King of Bavaria shall obtain the sum of 15,000,000 francs from the French contribution, for re- inforcing the Defensive System of Germany, in virtue of the distribution made at Paris, the 3rd of November, 1815 (No. 38).

Supply of Salt to Bavaria, free from all export and transit Duties.

Art. VII. His Majesty the Emperor of Austria, for Himself, His Heirs and Successors, engages that His Majesty the King of Bavaria, His Heirs and Successors, shall be furnished annually with a quantity of Salt, not exceeding 200,000 quintals, at the price it costs manufacturing, including the expense of packing, which price shall be regulated between the High Contracting Powers every ten years, by the scale of the real average cost of manufacturing it during the preceding 10 years, which average cost shall regulate the price for the ensuing 10 years.

This Salt, which may not in any case, nor in any manner be sold in the States of His Imperial and Royal Apostolic Majesty, shall be free from all exportation and transit duties, and all others whatsoever.

Free passage and transit of Salt through Bavarian States from the

Tyrol to Bregenz. Art. VIII. His Majesty the King of Bavaria, for Himself, His Heirs and Successors, engages to grant free passage and transit for Salt and Grain on the road which leads through His States from the Tyrol to Bregenz.

To prevent this free transit from becoming detrimental to the commerce, or the territorial rights and Sovereignty of Bavaria.

438

No. 53] AUSTRIA AND BAVARIA. [14 April, 1816.

[Territorial.]

the Commission which shall be appointed, in execution of Article XX. of the present Treaty shall regulate the forms and precautions necessary to preclude every kind of fraud with regard thereto.

Navigation of Rivers.

Art. IX. The Stipulations of the Treaty of Teschen,* which relate to the Navigation of the Rivers which traverse the States of the two Sovereigns, or form the boundaries thereof, shall be maintained on both sides until the general Principles agreed upon by the Congress of Vienna (No. 11), can be made applic- able thereto.

The Salza and the Saale.

These stipulations shall be extended to the Salza and the Saale, as far as these Rivers separate the two countries.

Payment of Debts secured by Mortgages upon Countries respectively ceded. Payment of Pensions, §c.

Art. X. The Debts secured by mortgages upon the countries respectively ceded by the present Treaty, shall be regulated as well by the dates of the periods in which they were contracted as by the dates of the Protocols of Vienna, of Paris, and of every other Official Act which establishes the right of cession on either part, so that all the debts contracted prior to the dates of the said Acts shall fall to the lot of the new, and all those subse- quently contracted shall remain at the charge of the former possessor.

To define more clearly the application of this stipulation, the following dates are agreed upon : —

1st. The 23rd of April, 1815, for those parts of the Ilaus- ruckviertel and the Innviertel, with the part of Salzburg, the cession of which was on that day agreed to at Vienna.

2nd. The 24th of January, 1816, for that part of Salzburg not included in the cession previous to the 23rd of April.

3rd. Finally the other cessions on the right and left of the Rhine, agreed upon at Vienna the 23rd of April, and at Paris the 3rd of November, 1815 (No. 38), shall be regulated according to those two dates.

The Pensions, half-pay, and appointments, proceeding from the Administration of the respective countries, shall remain at the charge of the new possessor.

* 13th May, 1779. See Appendix. 439

14 April, 1816.] AUSTRIA AND BAVARIA. [No. 53

[Territorial.]

Sale or alienation of Domains. Art. XI. Every sale of Domains or alienation whatsoever which may have been made in the countries ceded on either side by the present Treaty, previous to the periods fixed in the pre- ceding Article, shall be valid ; and, on the other hand, all those made subsequent to those periods shall be deemed null and void. In case, however, that it should be impossible to revoke an alienation, without detriment to the interests of private pur- chasers who have paid for and are legally entitled thereto, the High Contracting Parties engage to be reciprocally accountable for the proceeds of such alienation.

Delivery of all Archives, Maps, Plans, and Documents.

Art. XII. All Archives, Maps, Plans, and Documents what- soever, appertaining to the countries respectively ceded and exchanged, or regarding their Administration, shall be faithfully delivered up at the same time as the territories, or if it cannot then take place, within three months at farthest after the actual transfer of the territory.

Maintenance of Conventions abolishing the Succession Duties (Droit

d'A ubaine). Art. XIII. The Conventions existing between the two States for abolishing the Droit iVAubaine are maintained and extended to all the respective possessions.

Military to be placed at disposal of respective Sovereigns. Officers and Soldiers may remain in service of either State.

Art. XIV. The Military, natives of the ceded countries, or of other territories, which, in virtue of the present Treaty, shall pass under the dominion of either Power, shall in the space of a year from the date of the clay of its ratification, be placed at the disposal of their respective Sovereigns.

It is nevertheless agreed that the Officers or Soldiers who may wish to remain in the service of either State, shall be at liberty to do so without being molested in any manner.

Free enjoyment by Individuals and Religions foundations of their real and personal Property . Liberty to Emigrate. Art. XV. Individuals of every class, as well as all public establishments whatsoever, and religious foundations of every

440

No. 53] AUSTRIA AND BAVARIA. [14 April, 1816.

[Territorial.]

kind, shall have the free enjoyment, without any exception or difficulty, of their real and personal property, situated or placed under the dominion of either of the High Contracting Parties.

Families or individuals who may wish to emigrate shall be at liberty so to do, and shall be allowed the term of 6 years to dispose of their property and export the proceeds, without their paying any duty or being subject to any deduction whatsoever.

Possession of all ceded Places, Fortresses, Cities, and Territories.

. Art. XVI. The High Contracting Parties shall simultaneously enter into possession of all the places, Fortresses, cities, and territories which devolve to them by the present Treaty, on the 1st of May of the present year.

Withdrawal by Bavaria of Artillery and Military Stores at

Salzburg.

Art. XVII. The Bavarian Government shall have the right of withdrawing all the artillery and military stores which it fur- nished for the establishment of Salzburg, within three months from the date of the ratification of the present Treaty.

Sale by Bavaria of their Magazines of Salt, Mineral Productions,

4'C, or their free export.

Art. XVIII. A term of 8 months from the date of the ratification of the present Treaty shall be also reserved, during which the Bavarian Government, after the Ratification made by the Commission described in Article XX., may sell the magazines of Salt, mineral productions, works of every description (fabri- cations de ses usines), and other stores whatsoever, or may export the same free from every kind of duty, toll, or deduction.

Commission to settle Boundary separating the Country of Salzburg from that of I^erchtoldsgaben, and from the, Haiti trick of Heidi* n- hall.

Art. XIX. The ancient boundaries which separate the Country of Salzburg from that of Berchtoldsgaben (which last remains to the crown of Bavaria), and from the Bailiwick of Reichenhall, having several disputable points, the High Contracting Parties have agreed that, as soon as the season will permit, a Mixed

111

14 April, 1816,] AUSTRIA AND BAVARIA. [No. 53

[Territorial.

Commission shall be sent to these points to settle the same ' definitely, in such a manner as to remove the cause of every future contention.*

Special Commission of Claims.

Art. XX. Furthermore a special Commission shall be imme- diately appointed, composed of an equal number of individuals on both sides, who shall be charged with the liquidation, and with all the arrangements relative to the Claims that may arise out of the respective transfer.

This Commission shall meet at Salzburg, and its labours ter- minate in the space of 6 months.

Commission to regulate all ancient Grants and clearing of the Forests of the Valley of the Saale.

Art. XXI. All that concerns the ancient grants and clearing of the Forests of the valley of the Saale, appropriated from time immemorial to the supply of the works ( Usines) of Keichenhall, shall be regulated by the Commission named in Article XX. of the present Treaty. It shall fix this arrangement upon the basis of the transactions between the Bavarian Government and the Princes Archbishops of Salzburg, having nevertheless regard to the reciprocal necessities of the two States.

Bight of Bavaria to transport and float all Wood cut in Valley of the

Upper Saale.

Art. XXII. The Bavarian Government shall have the right to transport and float all the stock of Wood cut during- the last year in the Valley of the Upper Saale, for the supply of its works ( Usines), without its being subject to any duties or other charges ; the quantity and quality of this wood shall be attested by the Commission to be appointed conformably to Article XX.

E( mi notations by Austria and Bavaria, respectively, of all Bight,; and Claims over ceded States, (jr.

Art. XXIII. His Majesty the Emperor of Austria renounces for Himself, His Heirs and Successors, all rights and claims over the States, lands, domains and possessions, appertaining, in virtue of the present Treaty, to His Majesty the King of Bavaria.

* See Convention of 30th September, 1818. 442

MA P TYROL & VORARLBERG

No. 53] AUSTRIA AND BAVAEIA. [14 April, 1816.

[Territorial.]

And His Majesty the King* of Bavaria renounces for Himself, His Heirs and Successors, all rights and claims over the States, lauds, domains and possessions, appertaining, in virtue of the present Treaty, to His Majesty the Emperor of Austria.

Portions of Territory exchanged and guaranteed to pass to new

Possessors.

Akt. XXIV. The portions of territory exchanged and guaran- teed by this Treaty shall pass to their new possessors, with all their revenues and receipts, from the day of taking possession.

Guarantee by Austria to Bavaria of the free and peaceable enjoyment and Sovereignty of all States, &C, in his jJossession. Courts of St. Petersburg, London, and Berlin to be invited to grant similar guarantee.

Art. XXV. His Majesty the Emperor of Austria guarantees to His Majesty the King of Bavaria the free and peaceable enjoyment, as well as the full and entire Sovereignty of all the States, cities, fortresses and domains which are at present in His possession, and which will devolve to him in virtue of the present Treaty.

The two High Contracting Parties will invite the Allied Courts of Petersburg, London, and Berlin, to grant a similar guarantee and to accede to the present transaction.

Ratifications.

Art. XXVI. The present Treaty shall be ratified, and the ratifications exchanged at Munich, within the space of 15 days, or sooner if possible.

In testimony whereof, the respective Plenipotentiaries have hereunto affixed their Hands and Seals.

Done at Munich, the 14th of April in the year of our Lord, 181$.

(L. S.) LE BARON DE WACQUANT GEOZELLES. (L. S.) LE COMTE DE MONTGELAS. (L. S.) LE COMTE DE RECHBERG.

443

15 June, 1816.] PRUSSIA, &c. [No. 54

[ Schwartzburgr-Sondershausen.]

NO. 54.— TERRITORIAL TREATY between Prussia and Schicartzburg-Sondershausen. Signed at Berlin, 15 lh June, 1816.

Art. Table.

Preamble. Reference to Vienna Congress Treaty of 9th June, 1815.

1. Renunciations on the part of Schwartzburg-Sondershausen.

2. Renunciations on the part of Prussia.

3. Reciprocal Execution.

4. Debts. Corporations.

5. Civil Officers. Civil and Military Pensioners. (5. Arrears.

7. Military Arrangements.

8. Free Transit.

9. Right of Reversion.

10. Consent to the Treaty with Schwartzburg-Hudolstadt of 19th June, 1816.

11. Ratifications.

Separate Articles,

1. Feudal Expectations.

2. Jurisdiction. Constitutional Rights.

(Translation.*) Reference to Vienna Congress Treaty of 9th June, 1815.

His Majesty the King- of Prussia, who, in consequence of Articles XV., XVIIL, and CXVIII. of the Act concluded at the Congress of Vienna (No. 27), has acquired all those rights which until then belonged to the Crown of Saxony against the Princely House of Schwartzburg and its possessions, and His Serene Highness the Prince of Schwartzburg-Sondershausen, on both sides inclined to arrange their affairs more simply and definitively than heretofore, have fortius purpose appointed Plenipotentiaries, namely :

His Majesty the King of Prussia, Heir Johann Ludwig von Jordan, &c, &c, and Heir Johann Gottfried Hoffmann, &c, &c. ;

And His Serene Highness the Prince of Schwartzbiirg-Sonders- hausen, Ludwig Wilhelm Adolph von Weise, &c, &c, and Carl Friedrich Wilhelm von Weise, &c, &c, who, after exchanging their Full Powers, found in good form, have agreed upon the following Articles.

Renunciations on the Part of Schwartzburg-Sondershausen. Act. I. His Serene Highness the Prince of Schwartzburg- * For German version, see " State Papers," vol. Hi., p. 832.

Ill

No. 541 PRUSSIA, &c. [15 June, 1816.

[Schwartzburg-Sondershausen.]

Sondershausen renounces for ever in favour of His Majesty the King of Prussia :

1. All feudal rights and revenues which he has hitherto possessed, levied, or otherwise asserted alone or jointly within the compass of the Prussian State, as it will be bounded after the conclusion of the present Treaty ; as well as all Claims which he may have on the Salt Springs at Artern. The Private Property in woods, meadows, and other lands which His Serene Highness the Prince of Schwartzburg-Sondershausen possesses in various places of the Prussian States is not, however, ceded hereby, but remains the Property of the Prince under Prussian Sovereignty, with exemption from ordinary land taxes, so far as that has hitherto been the case.

2. The Sovereignty and all the Eights and Revenues dependent thereon in the Bailiwick of Bodungen, the jurisdictions of Allers- berg and Ilainroden, and the district of Utlerode ; the Cameral Property and Forests in the Bailiwick of Bodungen are not included in this Renunciation, but with the domanial rights and emoluments dependent thereon will be possessed by His Serene Highness under Prussian Sovereignty, and with the attributes which as a rale, appertain to the most privileged allodial knightly estates in the Prussian part of the County of Ilohenstein, they also specially retain their exemption from ordinary land taxes to the same extent as has hitherto been the case.

3. The district of Bruchstiidt, with all sovereign proprietary and other Rights.

4. All Rights and Revenues belonging to him in the district of Bothenheiligen and its appurtenances.

His Majesty the King of Prussia will possess for himself and his successors all the Rights and Revenues hereby renounced in his favour, with the same Privileges and obligations as they are now in possession of His Serene Highness the Prince of Schwartz- burg-Sondershausen, and the Rights of the House of Stollberg- especially cannot and shall not be withdrawn hereby.

Renunciations on the part of Prussia.

Art. II. His Majesty the King of Prussia, on the other hand, Renounces in favour of His Serene Highness the Prince of Schwartzburg-Sondershausen.

1. All Sovereign, Supreme, and Feudal Rights and Revenues which he has hitherto possessed, levied, or otherwise asserted over the Bailiwick of Ebeleben, but with exception of the district

445

15 June, 1816.1 PRUSSIA, &c. fNo. 54

[Scliwai'tzburg-Sondershausen.]

of Bothenheiligen and its appurtenances, the so-called Recess royalties (Recess-herrschaften), the Wood called Stockei belong- ing to the community of Wiedermut, ond generally in the compass of His Serene Higlmess's Territory as it will be bounded after the conclusion of this Treaty ; the Recess moneys (Recess- gelder) and the hunting in the Stockei are specially included herein.

2. All the Sovereign. Feudal, and Proprietary Rights which 1hj possesses in the districts of Gross-Furra and Bendeleben.

8. The Property and the Revenues of the Estate situated in the Sclnvartzburg village of Alkersleben, and belonging to the Erfurt Domain Administration, the possession and incomes of the former Provostship of Gellingen, situated within the Sonders- hausen Boundaries, also those Incomes and Revenues which his collecting office at Nordhausen, the chapter, and the Frauenberg at the same place levy in those districts which, after the conclusion of this Treaty, will be under the Sovereignty of His Serene Highness. The Tax exemption of the Princely domain at Gerterode shall also be re-established as it was before the Peace of Tilsit.

His Serene Highness the Prince of Schwartzburg-Sonders- hausen will possess for himself and his successors all Rights and Revenues hereby renounced in his favour, with the same privileges and obligations, as they are now in possession of nis Majesty the King of Prussia, and the Rights of the House of Stollberg especially cannot and shall not be withdrawn hereby.

Art. III. Reciprocal Execution.

Art. IV. Debts. Corporations.

Art. V. Civil Officers. Civil and Military Pensioners.

Art. VI. Arrears.

Art. VII. Military Arrangements.

Art. VIII. Free Transit.

Art. IX. Bight of Reversion.

Art. X. Consent to the Treat// with Schwartzburg-Mttdohtadt of l9thJune, 1816 (No. 55).

Art. XI. Ratif cations.

In witness whereof the Plenipotentiaries on both sides have signed the present State Treaty and sealed it with their aims. Berlin, 15th June, 1816.

(L.S.) JOIIANN LUDWIG VON JORDAN.

(L.S.) JOIIANN GOTTFRIED HOFFMANN.

(L.S.) LUDWIG WILHELM ADOLPH VON WEISE.

(L.S.) CARL FRIEDRICH WILHELM VON WEISE.

446

No. 541 PRUSSIA, &c. [15 June, 1816.

[Schwax'tzburg-Sondershausen.]

Separate Articles.

Art. I. Feudal Expectations.

Art. II. Jurisdiction. Constitutional Eights.

In witness whereof the Plenipotentiaries on both sides have signed the Separate Articles and sealed them with their arms. Eerlin, 15th June, 1816.

(L.S.) JOHANN LUDWIG VON JORDAN.

(L.S.) JOHANN GOTTFRIED HOFFMANN.

(L.S.) LUDWIG WILHELM ADOLPH VON WEISE.

(L.S.) CARL FRIEDRICH WILHELM VON AVEISE.

447

19 June, 1816.J PRUSSIA, &c. TNo. 55

Schwartzburg-Rtidolstadt.]

No. 55— TERRITORIAL TREATY between Prussia and Schwartzburg-Rudolstadt. Signed at Berlin, 19/// June, 1816.

Art. Table.

Preamble. Reference to Vienna Congress Treaty of 9th June, 1815.

1. Renunciations on the part of Scltwarlzburg-ll'udolstadt.

2. Renunciations on the part of Prussia.

3. Reciprocal Execution.

4. Debts. Corporations.

5. Civil Officers.

6. Arrears.

7. Military Arrangements.

8. Free Transit.

9. Right of Reversion.

10. Consent to the Treaty with Sclnvartzburg-Soudcrshausen of 15th June,

1816.

11. Ratifications.

(Translation.*)

lieference to Vienna Congress 'Treat// of 9th June, 1815.

His Majesty the King' of Prussia, who, in consequence of Articles XV., XVIIL, ancrCXVIII. of the Act concluded at the Congress at Vienna (No. 27), has acquired all those rights which until then belonged to the Crown of Saxony against the Princely House of Schwartzburg and its possessions, and His Serene Highness the Prince of Schwartzburg-Rudolstadt, on both sides inclined to arrange their relations more simply and definitively than heretofore, have for this purpose appointed Plenipotentiaries, namely :

His Majesty the 'King of Prussia, Ilerr Johann Ludwig von Jordan, Actual Privy Councillor of Legation, Departmental Chief, and Knight of several Orders, and Hen* Johann Gottfried Hoff- mann, Privy Councillor of Legation, and Knight of several Orders;

And His Serene Highness the Prince of Schwartzburg-ITudol- stadt, the Baron von Ketelhodt, Chancellor and Consistorial President, Grand Cross of the Grand Ducal Baden Order of Fidelity ;

Who, after the exchange of their Pull Powers, found in good form, have agreed upon the following Articles.

* For German version, see " State Papejs," vol. iii., p. 837.

L48

No, 55] PRUSSIA, &c. L19 June, 1816.

ISchwartzburgr-Rudolstaclt.J

Renunciations on the part of Schwartzburg-Rudolstadt. Art. I. His Serene Highness the Prince of Schwartzburg- Rudolstadt renounces for ever in favour of His Majesty the King of Prussia :

1. All Feudal Rights and Revenues which he has hitherto possessed, levied, or otherwise asserted alone or jointly within the circuit of the Prussian State, as it will be bounded after the conclusion of the present Treaty ; and all Claims which he may have on the Salt Springs at Artern, and those contributions in money and kind which his chamber has hitherto drawn from the Bailiwicks of Sachsenburg, Artern, Sangerhausen, and Rossla. The Private Property in woods, meadows, and other lands which His Serene Highness the Prince of Schwartzburg-Rudolstadt possesses in various places of the Prussian States, e.g., at Uftrungen, Breitungen, Etzleben, or other places, is not, how- ever, ceded hereby, but remains the Prince's property under Prussian Sovereignty, with exemption from land taxes, so far as that has been the case hitherto,

2. The districts of Wohlkramshausen, with all Sovereign, Proprietary, and other Rights. The meadows situated in the Wohlkramshausen plain, belonging to the Princely seat of Straus- berg, are Private Property, to which the stipulations in sec. 1 of this Article apply. The seat of Kirchberg, situated in the Strausberg plain, remains under Schwartzburg Sovereignty.

His Majesty the King of Prussia will possess all Rights and Revenues hereby renounced, for himself and his successors, with the same privileges and obligations as at present appertain to their possession by His Serene Highness the Prince of Schwartz- burg-Rudolstadt, and the rights of the House of Stollberg especially cannot and shall not be withdrawn hereby.

Renunciations on the part of Prussia.

Art. II. On the other hand, His Majesty the King of Prussia renounces in favour of His Serene Highness the Prince of Schwartzburg-Rudolstadt :

1. All Sovereign, Feudal, and other Rights and Revenues which he has hitherto possessed, levied, or otherwise asserted in the so-called Recess lordships (Recess-herrschaften), or otherwise in the compass of His Serene Highness's Territory, as it will be bounded after the conclusion of this Treaty. This renunciation does not, however, relate to the Bailiwicks of Ileringen and Kelbra, which

449 2 Q

19 June, 1816. J PRUSSIA, &c. "No. 55

[Schwartzburg--Rudolstaclt.]

remain in the Recess and customary relations (Recess-uncl Obser- ' vanzemassig) Avhich existed up to the year 1806.

2. The Sovereign, Feudal, and Proprietary Rights and Revenues belonging to the Provostship of Gollingen, the object whereof lies within the Rudolstadt Boundaries ; likewise the Sovereign and other Rights over the woods called the Hostienberg and the Feuerthal belonging to the Schwartzburg Exchequer Chamber, and also over the Schwartzburg parcels of land belonging to subjects residing at Giinzerode, which in the year 1810 were supplement arily specified from No. 3,574 to No. 3,583, and over which the Bailiwick of Sachsenburg partly has exercised and partly claimed jurisdiction.

3. Those Rents and Revenues which his collecting office at Nordhausen, the suppressed foundation of the Cross at the same place, and the Cloister office at Dientenborn collect in those places, which after the conclusion of this Treaty will be under the Sovereignty of His Serene Highness ; and also the Hide Land in the Schwartzburg Territory that is in the village of Ringleben and belonging to the German Commandery of Griffstat, with the revenues and rents connected with its possession.

His Serene Highness the Prince of Schwartzburg-Rudolstadt. will possess all rights and revenues hereby renounced in his favour, for himself and his successors, with the same privileges and obligations as they are now in the possession of His Majesty the King of Prussia, and the rights of the House of Stollberg rsi>ecially cannot and shall not be withdrawn hereby.

Art. III. Reciprocal Execution.

Art. IV. Debts. Corporation*.

Art. V. Civil Officers.

Art. VI. Arrears.

Art. VII. Military Arrangements.

Art. VIII. Free Transit.

Art. IX. Right of Reversions.

Art. X. Consent to the Treaty with SchivarUburg-Sondershmisen, Uth June, 1816 (No. 54).

Art. XI. Ratifications.

In witness whereof the Plenipotentiaries on both sides have signed the present Treaty, and have sealed it with their arms. Done at Berlin, 19th June, 1816.

(L.S.) JOIIANN LUDWIG VON JORDAN. (L.S.) JOHANN GOTTFRIED HOFFMANN. (L.S.) FRIED. WILH. FREYII. VON KETELHODT.

450

No. 56] NETHERLANDS AND PRUSSIA. [26 June, 1816.

[Boundaries.]

No. 56.— BOUNDARY TREATY between Prussia and Netherlands. Signed at Aix-la-Chapelle, 20/// June, 1816.*

Art. Table.

Preamble. Reference to Treaty of 31st May, 1815. 1. Line of Frontier.

2- 1

to > Detailed Demarcation of Line of Frontier.

18. J

19. I

to > *\\ orking of Coal Mines of KerJcraede and Rolduc. 21. J

"• ]

to > Detailed Demarcation of Line of frontier.

26. J

27. Rivulets and Rivers forming the Frontier to be common to the Two State- .

Each State to Superintend its own Banks. The Oure to be free and common to both States. Watercourses or Rivers forming the Fron- tier to be kept in their present State. Fishery to be common to the Two States.

28. Division of Islands on the Moselle, the Sure, and the Oure.

29. Sovereignty over Domains of the State of Ceded Territories.

30. Preservation of Rights of Communes, Public Establishments, &c, in

Ceded Territories.

31. Rights of the Sieur Dony and Company relative to the Working of the

Coal Mines.

32. Communes divided in marking out Frontier to pay their equal Propor-

tion of Debts, &c.

33. Rights of Farmers holding Property on both Sides of the Frontier.

31. Rights of Manufacturers whose Fstablishmcnts are situated on both Sides of the Frontier.

35. Right of Purchase on Neighbouring Territory.

36. Soldiers to be sent to their own Country. Right of Officers to remain in

Service of New Sovereign.

37. Four Years allowed to Inhabitants to change their Residence.

38. Civil Servants to remain in Service of their Communes.

39. Settlement of Unforeseen Difficulties.

40. Restoration and Evacuation of Ceded Territories.

41. Delivery of Archives, Maps, &c, of Ceded Territories.

42. Stakes marking the Frontier to be of Oak.

43. Ratifications.

Annex.

Provisional Arrangement in favour of Manufacturers situated x>n the Fron- tier of the Two States, for the Free Import and Export, and without Duties, of Raw and partly Manufactured Materials, from their respective Establishments.

* See Treaty, 7th October, 1816.

451 2 6 2

26 June, 1816.J NETHERLANDS AND PRUSSIA. [No. 56

[Boundaries.]

(Translation.*)

Preamble. Reference to Treaty of Slat May, 1815.

His Majesty the King of Prussia and His Majesty the King of the Netherlands, wishing to proceed to the definitive settle- ment of the Frontiers of their respective States on the right bank of the Meuse and along the Grand Duchy of Luxemburg, and wishing to smooth the difficulties which have arisen on the sub- ject of the provisional occupation of some Communes or parts of Communes, situated on the Limits, and the Sovereignty of which might have appeared doubtful, have, in conformity with Article II. of the Treaty of 31st May, 1815 (No. 22), appointed Commis- sioners furnished Avith Full Powers, namely :

His Majesty the King of Prussia, the Sieur Frederic Count de Solms-Laubach, First President of the Duchies of Juliers, Cleves, and Berg, &c, who, in virtue of the power conferred on him by his Full Powers, has appointed to the same effect and with the same powers the Sieurs Frederic Guillaume de Bernuth, Chief President of Regency at Arnsberg, and John Albert Eytehvein, Intimate Councillor and Director-General of the Public Works of the Kingdom ;

And His Majesty the King of the Netherlands, the Sieurs Maximilien Jacques de Man, Colonel of Engineers, Director of Archives of War and of the Topographical Department, &c, Henry Joseph Michaels de Kessenich, Sub- Impendent of the Arrondisseinent of Verviers, and Michel Tock, Director of Direct Contributions of the Grand Duchy of Luxemburg ;

AVho, after having exchanged their Full Powers, found to be in good form, have agreed upon the following Points and Articles :

Line of Frontier.

Art. I. The Limits fixed by the present Treaty determine the Frontiers between the two States from the Borders of France on the Moselle to the ancient Dutch town near the Mook.

Arts. II. to XVIII. Detailed Demarcation of Line of Frontier.

Arts. XIX. to XXI. Working of Coal Mines of Kerkraede and Rolctuc.

ARTS. XXII. to XXVI. Detailed Demarcation nf Line of Frontier.

Art. XXVII. Rivulets and, Rivers forming the Frontier to he common to the two States. Each State to superintend its own Banks. The Owre to be free and common to both States. Water-

* For French Version, see " State Papers," vol. iii, p. 720.

452

No. 56] NETHERLANDS AND PRUSSIA. [26 June, 1816.

[Boundaries.]

courses or Rivers forming the Frontier to be kept in their present state. Fisheri/ to be common to the two States.

Art. XXVIII. Division of Islands on the Moselle, the Sure, and the Oure.

Arts. XXIX. to XLIII. (See Table.)

In testimony whereof the Commissioners of the High Con- tracting- Parties have signed it. and have affixed thereto the Seal ( »f their Arms.

Done at Aix-la-Cliapelle, 2<!th June, 1810.

(L.S.) DE BEEXUTIL (L.S.) DE MAX.

(L.S.) EYTELWEIN. (L.S.) MICIIIELS DE KESSENICI1.

(L.S.) XICOLAI.

(L.S.) TOOK.

(Annex.) — Provisional Arrangement in favour of Manufac- turers situated on the Frontier of the two States, for the free Import and Export, and. without Duties, of Raw and partly Manufactured

Materials, from their respective Establishments.

45

*3

29 June, 1816.] HESSE-DARMSTADT, &c. [No. 57

[Boundaries.]

No. bl.— TERRITORIAL CONVENTION between Hesse- Darmstadt and Hesse- Cassel. Signed at Frankfort, 2(Jlh June, 1816.*

Art. Table.

Preamble. Reference to Protocol of 3rd November, 1815.

1 . Cessions on the part of Hesse- Cassel.

•2. Cessions on the part of Hesse-Darmstadt.

3. Bailiwick of Dorheim.

4. Mines of Dorheim and Beienheim.

5. Partition of Debts.

G. Communal Debts and Charges.

7. Arrears of Taxes, &c.

8. Property of Pious Establishments.

9. Discharge of Soldiers.

10. Civil Functionaries.

11. Archives.

12. Causeways.

13. Bridge over the Maine.

14. Execution.

15. Ratifications.

(Translation.|)

Preamble. Reference to Protocol of 3rd November, 1815.

Whereas His Royal Highness the Grand Duke, and His Royal Highness the Elector of Hesse, have found it expedient, instead of restoring, according to Treaty, J those Electoral Hessian Territories which came into Grand Ducal possession in the year 1810, to make an arrangement for the purpose, as far as possible, of rendering their respective Territories more compact ; the two contracting Courts have therefore appointed Plenipotentiaries to discuss and agree upon this. matter, namely :

His Royal Highness the Grand Duke, Heinrich Wilhelm Curl von Harnier, His Privy Councillor, Envoy Extraordinary at the Royal Bavarian Court, and Minister Plenipotentiary at the German Federal Assembly, Grand Cross of His Family Order, and Heinrich Baron von Munch zu Bellinghausen, His Privy Councillor and Exchequer Director ;

And His Royal Highness the Elector, Georg Ferdinand von

* See also Treaties of 30th .Tune, 1816; and General Treaty of 20th July, 1819, Art. XXV.

t For German version, see " state Papers," vol. iii., p. 812. % 3rd November, 1815,

454

No. 57] HESSE-DARMSTADT, fte. [29 June, 1816.

[Boundaries.]

Lepel, His Privy Government Councillor, Chamberlain, and Com- mander of His Family Order ;

Who, after having exchanged their Full Powers, found in duo form, have agreed upon the following points.

Cessions on the part of Hesse- Cassel.

Art. I. His Royal Highness the Elector renounces in favour of His Royal Highness the Grand Duke all rights and claims to the Bailiwicks of Babenhausen, Ortenberg, and Rodheim, as well a3 his share in the Communes of Vilbel, Assenheim, lleuchel- heim, Miinzenberg, Trais-Miinzenberg, Stadt Ortenberg, Herges- hausen, Sickenhofen, and Burggriifenrode. His Royal Highness the Grand Duke will, for himself and his successors, possess the aforesaid Bailiwicks and communal shares, with all the Sovereign, Supreme, Feudal, Domanial, and other Rights, which His Royal Highness the Elector has- possessed therein or as appertaining thereto.

The plot of woodland situated in the landmark of the Baili- wick of Rodheim belonging to the Nanheim Salt Works, and called the Altenberg, is not included in the foregoing Cession in regard to the Property, but will, as hitherto, remain connected with the Salt Works, and enjoy the same freedom from taxation and other exemptions as are stipulated in Article IV. of this Treaty in regard to the colliery.

Cessions on the part of lleste-Dannstadt. Art. 11. On the other hand His Royal Highness the Grand Duke will,

1. Restore the Bailiwick of Dorheim to His Royal Highness the Elector according to the further stipulations contained in Articles III. and IV. ;

2. Cede to him the Districts of Gross- Auheim, Oross-Krotzen- burg, and Oberrodenbach, as well as his share in the Commune of Praunheim, with all Sovereign, Supreme, Feudal, Domanial, and other Rights which he has exercised therein or as appertaining thereto, and renounce his claim to Dottenfeld Court near Vilbel ;

3. Give up to him the Sovereignty over the princely and county jurisdictions of Diebach, Langenselbold, Meerholz, Lieblos, Wachtersbach, Spielberg, and Reichenbach, also the localitj' of AVolfenborn.

Art. 111. Bailhvick of Dorheim. Leases, Bents, yV. Art, IV. Mines *>f Dorheim and Beienheim,

455

29 June, 1816.1 HESSE-DARMSTADT, &c. [No. 57

[Boundaries,]

Art. V. Partition of Debts.

Art. VI. Communal Debts and Charges.

Art. VII. Arrears of Taxes, 4'C-

Art. VIII. Property of Pious Establishments.

Art. IX. Discharge of Soldiers.

Art. X. Civil Fvnctionaries.

Art. XI. Archives.

Art. XII. Causeways.

Art. XIII. Bridge over the Main.

Art. XIV. Execution.

Art. XV. Ratifications.

In witness whereof the Plenipotentiaries on both sides have signed the present Treaty and sealed it with their arms. Done at Frankfort on the Main, 29th June, 1816.

(L.S.) HEINRICH WILHELM CARL VON HARNIER. (L.S.) HEINRICH BARON VON MUNCH-BELLING-

HAUSEN. (L.S.) GEORG FERDINAND VON LEPEL.

450

No. 58] AUSTRIA, PRUSSIA, &c. [30 June, 1816.

[Westphalia, Mayence, &c]

No. 58. — TREATY between Austria, Prussia, and Hesse- Darmstadt. Signed at Frankfort, 30th June, 1816.*

[This Treaty formed Annex II. to the General Treaty signed at Frankfort, 20th July, 1819.]

Art. Table.

Preamble. Reference to Treaties of June and November, 1815, &c.

1. Cession of Duchy of Westphalia to Prussia.

2. Prussian Rights of Sovereignty over counties of Wittgenstein-Wittgenstein

and Wittgenstem-Berleburg.

3. Bavarian Rights of Sovereignty over Bailiwicks of Miltenberg, Amorbach,

Heubach, and Alzenau.

4. Exchange of Territory between Eesse-Cassel and Hesse-Darmstadt.

5. Re -in statement of Hesse-Hombvrg into his Possessions, &c. Family

Arrangement to be made between Hesse-Darmstadt and Hesse- Homburg.

6. Vote to Hesse-Hombtirg at Diet of Germanic Confederation.

7. Possessions of Hesse-Darmstadt in full Sovereignty and Property.

8. Possessions of Hesse- Darmstadt in full Sovereignty and Property.-

9. Fortress of Mayenee to remain at disposal of the Government of the

Fortress.

10. Commission to define Dependencies of the Fortress of Mayence and all

points between the Militai-y Government and the Civil Authority.

11. Hesse-Darmstadt to participate in garrisoning Fortress of Mayence,

12. Barracks for garrison of Mayence,

13. Sovereignty of Hesse-Darmstadt over City of Mayence. Powers of the

Military Governor. Burgher Guard to be under orders of Military Government. Conscription. Powers of Militai'y Government during War.

14. Mayence. Freedom of Religion. Exemption from Duties and free postage

of Letters to that part of the Garrison not composed of Troops of Grand Duchy.

15. Sale or alienation of Domains.

16. Sovereignty of Hesse- Darmstadt over Provinces and Districts detached

from France by Treaty of 30th May, 1814.

17. Reciprocal transfer of Title Deeds, Documents, Maps, and Papers. West-

phalia. Wittgenstein- Berleburg .

18. Revenues of the Domains of Duchy of Westphalia. Arrears of Taxes.

19. Debts and Pensions assigned en the Duchy of Westphalia. Debts and

Pensions of Bailiwicks of Alzenau, Amorbach, Miltenberg, and Heu- bach. Debts of Principality of Iscnburg. Commission to ascertain Debts. Rights of Family Succession.

20. Military to return home. Officers may remain in service of either Slate.

21. Civil Officers and Pensioners to pass to new Possessors.

* See also Treatj of same date between Great Britain and Hesse- Darmstadt.

4:,;

30 June, 1816, AUSTRIA:, PRUSSIA, &e. [No. 58

[Westphalia, Mayence, &c]

22. Salt from Works of Kreuznac h to be free from Duly. Salt prepared in Salt Works of Hesse to be considered as Foreign Salt in Prussia. Price of Salt to be fixed. Engagement of Prussia not to erect new Salt Works. Stores of Wood and Charcoal to be paid by Hesse- Darmstadt.

L'3. Passage and Floatage of Wood and Charcoal for Salt Works of Kreuz- nach.

24. Military Road through States of Hesse-Dannstadt. Special Conventions

to regulato Military Roads.

25. Transfer of ceded Districts and Territories. Transfer of Salt Works of

Kreuziiacli,.

26. Guarantee of Sovereignty of States to Hesse-Darmstadt,

27. Ratifications.

(Translation as laid before Parliament.*)

Tn the Name of the Most Holy and Undivided Trinity.

His Majesty the. Emperor of Austria, His Majesty the King of Prussia, and His Royal Highness the Grand Duke of Hesse, desiring to settle everything relating to the Territorial Arrange- ments which were previously agreed upon by their Majesties and His Royal Highness by the Treaty of Frankfort of the 23rd November, 1813,f and that of Vienna of the 10th June, 1815 (No. 28), and wishing to complete and execute the said Arrange- ments conformably to the Stipulations agreed to at Paris in the month of November, 1815 (No. 40), their Majesties and His Royal Highness have resolved to conclude a Definitive Treaty for that purpose, and have named the following Plenipotentiaries to con- cert, settle, and sign everything relative to those objects, viz. :

His Imperial and Royal Apostolic Majesty, the Sieur John Philip Baron de "Wessenberg, Chamberlain and actual Privy Coun- cillor to His said Imperial and Royal Apostolic Majesty, &c. ;

His Majesty the King of Prussia, the Sieur Charles William Baron de Humboldt, His Minister of State and Chamberlain, &C. ;

And His Royal Highness the Grand Duke of Hesse, the Sieur Henry William Charles de Harnier, His Envoy Extraordinary to the Royal Court of Bavaria, and Minister Plenipotentiary to the Diet of the Germanic Confederation ;

And the Sieur Henry Baron de Munch of Bellinghausen, His Privy Councillor, and Director of the Chamber of Finance for the Province of Hesse ;

Who. after having- exchanged their Full Powers, and found

■ For French version, see "State Papers," vol, vii.. p 30. t See Appendix.

458

No, 58] AUSTRIA, Prussia, &e. [30 June, 1816.

[Westphalia, I£ayence, &c]

them in good and duo form, have agreed to the following Articles : —

Cession of Duchy of Westphalia to Prussia.

Art. I. His Royal Highness the Grand Duke of Hesse cede* to His Majesty the King- of Prussia, the Duchy of Westphalia,* as possessed by His Royal Highness at the time of the signature of the Final Act of the Congress of Vienna of the 9th of June, 1815 (No. 27), to be possessed by His Majesty, His Descendants and Successors, in full Sovereignty and Property.

Prussian Uights of Sovereignty over Counties of Wittgenstein- Wittgenstein and Wittgenstein-Berleburg.

Art. II. His Royal Highness the Grand Duke of Hesse renounces, for Himself, His Descendants- and Successors, all feudal and Sovereign Rights over the Counties of Wittgenstein- Wittgenstein, and of Wittgenstein-Berleburg,* in favour of His Majesty the King of Prussia. The relations between these possessions and the Prussian Monarchy shall be the same as those regulated by the Federative Germanic Constitution for the mediatised territories.

Bavarian Rights of Sovereignty over Bailiwicks of Miltenberg, Amorbach, Heubach, and Alzenau.

Art. III. His Royal Highness the Grand Duke of Hesse cedes to His Majesty the King of Bavaria, His Rights of Sove- reignty over the Bailiwicks of Miltenberg, Amorbach and Heubach, and His rights of Property and Sovereignty over the Bailiwick of Alzenau, as those Bailiwicks were on the 3rd of November, 1815 (No. 38), to be possessed by His said Majesty. His Descendants and Successors. +

Exchange of Territory between Hesse- Cassel and Hesse-Darmstadt.

Art. IV. His Royal Highness the Grand Duke of Hesse engages to transfer the possession of the Bailiwick of Dorheim to His Royal Highness the Elector of Hesse, and to cede to Him, in exchange for the Bailiwicks of Rodheirn, Ortenberg, and Babenhausen, of the moiety of Vilbel belonging to His Royal Highness the Elector and for the Corporations of Miinzenberg,

* See Treaty between Prussia and Hesse-Darmstadt of 12tli March, 1817 : and General Treaty of 20th July, 1819, Arts. XVII., XYIII. f See also Article XIX., and Treaty of I Itli April, 1816,

459

30 June, 1816.] AUSTRIA, PRUSSIA. &c. [No. 58

[Westphalia, Mayence, &c]

Trais-Miinzenberg, Assenheim, Heuchelheim and Burggrafen- rode, the following territories, viz. :

1st. The places of Gross- Auheim, Gross-Krotzenburg and Oberrodenbach, with the moiety of Prannheim belonging to the Grand Duchy.

2nd. A part of the country of Isenburg, comprising the Bailiwicks (Gerichte) of Diebach, Langenselbold, Meerholz, Lieblos, Waehtersbach, Spielberg and Reichenbach, and the place of Wolfenbom, the whole according to the conditions of the Treaty which was signed at Frankfort on the 29th of June, 181(5 (No. 57), between the Plenipotentiaries of their Royal High- nesses the Elector and the Grand Duke.*

Ee-instatement of Hesse-Homburg into his Possessions, §c. Family Arrangement to be made between Hesse- Darmstadt and Hesse- Homburg.

Art. V. His Royal Highness the Grand Duke of Hesse engages, in execution of Article XLVIII. of the Act of the Con- gress of Vienna of the 9th of June, 1815 (No. 27), to Re-instate His Serene Highness the Landgrave of Hesse-Homburg, in the Possessions, Revenues, Political Rights and Relations, of which he has been deprived by the Rhenish Confederation. This Re- instatement shall take place at the same time that the Territories ceded by the present Treaty shall be reciprocally transferred to their new Possessors.

A Family Arrangement shall be concluded between His Royal Highness the Grand Duke of Hesse and His Serene Highness the Landgrave of Hesse-Homburg*, for the purpose of reconciling the relations resulting from the present Stipulation with the existing family Compacts and Treaties.

Vote to Hesse-Homburg at Diet of Germanic Confederation.

Art. VI. The Stipulations of Article XLIX. of the Act of the Congress of Vienna of the 9th of June, 1815 (No. 27), having secured to His Serene Highness the Landgrave of Hesse-Homburg. a full and entire Sovereignty, — the High Contracting Parties engage to employ their good offices to obtain, at the Diet of the Germanic Confederation, a Vote for His Serene Highness in the General Assembly fixed by Article VI. of the Federative Act.

• See Tr, atj of 20th July, 1819, An. XXY. 460 '

No. 58 i AUSTRIA, PRUSSIA, &c, L30 June, 1816.

[Westphalia, Mayence, &c]

as well as the right of participation in a Collective Voice, in the mode of Voting- regulated by Article IV. of the said Act.

Possessions of Hesse-Darmstadt in full Sovereignty and Property.

Art. VII. In return for the Cessions and Renunciations con- tained in Articles I., II., III., IV,, and V., His Royal Highness the Grand Duke of Hesse, and after Him, His Descendants and Successors, shall possess : —

1st. In full Sovereignty, the Territories of the Prince and Counts of Isenburg-, including the villages of Heusenstamm and Eppertshausen, always excepting the Districts ceded to His Royal Highness the Elector of Hesse, in virtue of Article IV. of the present Treaty, as well as the Possessions of the Count of Solms- Rodelheiin, and of the Count of Ingelheim, which formed part of the late department of Frankfort. These Possessions and Villages shall be placed in the relations towards the Grand Duchy of Hesse, regulated by the Federative Germanic Constitution for the Media- tised Territories.

The relations of the Counts of Isenburg with the Prince of Isenburg shall be re-established upon the footing on which they existed before the Rhenish Confederation ; it being understood that all the Rights of Sovereignty shall solely belong to their Royal Highnesses the Grand Duke and the Elector of Hesse, con- formably to the fourth Article afore-mentioned : —

2nd. In Property, the Salt Works situated in the Banlieu of Kreutzuach, as well as the Salt Springs which belonged to them at the time of the signature of the Act of the Congress of Vienna of the 9th of June, 1815 (No. 27).

The Salt Work called the Salt Work of Munster, which is private property, is expressly excepted. — The Sovereignty of all these Salt Works shall remain to His Majesty the King of Prussia.

Art. VIII. His Royal Highness the Grand Duke of Hesse, and after Him, His Descendants and Successors, shall possess in full Sovereignty and Property :

1st. The Circle of Alzey, with the exception of the Canton of Kirchheim-Poland, and the Cantons of Pfeddersheim and Worms in the circle of Spire, in the state those countries were on the 3rd of November, 1815, under the Administration established at Worms, and in such manner that the Limits of the Prussian States, where they border on the Circle of Alzey, shall remain as

4G1

30 June, 1816. AUSTBIA, PRUSSIA, te. [No. 58

[Westphalia, Mayence, &c]

they were fixed by Article XXV. of the Act (if the Congress of Vienna of the 9th of June, 1815 (No. 27) :

2nd. The City and Territory of Mayence, including Cassel and Kostheim, with the exception of all which constitutes the Fortress, which is declared a Fortress of the Germanic Confederation.

Fortress of Mayence to remain at disposal of the Government of the

Fortress.

Art. IX. All the Works, Edifices, Lands, and Revenues, which appertained to the Fortress of Mayence, at the time of its transfer to the allied troops, in execution of the Convention of the 23rd of April, 1814* (whether those revenues formed part of its establishment, or were appropriated to other purposes), shall be excepted from the Act of the transfer of the City of Mayence to the Grand Ducal Authorities ; and shall remain exclusively at the disposal of the Government of the Fortress, and their pro- ceeds shall form part of its establishment.

( Commission to define Dependencies of the Fortress of Mayence and ad ■points between the Military Government and the Civil Authority.

Art. X. Immediately after the signature of the present Treaty, a Commission shall be appointed, composed of one or several Functionaries of His Royal Highness the Grand Duke of Hesse, and of one or more Officers delegated ad hoc by the Government of the Fortress, to verify what edifices and grounds shall be considered as forming the dependencies of the Fortress, in virtue of the preceding Article ; and a minute specification shall be drawn up of all these edifices and grounds, which shall serve as a rule for the adjudication of any further controversies that may arise respecting them.

The same Commission shall regulate, in strict conformity to the Stipulations of the present Treaty, all the other points which it may be expedient to determine between the Military Govern- ment and the Civil Authority ; such as the quartering of troops, the supplies from the Burghers, the places of exercise, and other objects of that nature.

This Commission shall also choose a convenient house for the Governor of the Fortress, the Teutonic Palace being reserved for 3 Lis Royal Highness the Grand Duke.

'8'

# See Appendix. 462

No. 58J AUSTEIA, PEUSSIA, &c. [30 June, 1816.

(.Westphalia, Mayence, <fec]

Hesse-Darmstadt to participate in garrisoning Fortress of Mayeuce.

Art. XI. His Royal Highness the Grand Duke of Hesse shall participate in the right of Garrisoning the Fortress of Mayence, by furnishing a battalion of infantry for that purpose.

Barracks for Garrison of Mayence.

Art. XII. The Garrison of Mayence shall be provided with Barracks, which they shall occupy by degrees, as they are repaired and built for their reception. These repairs and build- ings, which shall in no case fall to the charge of His Royal Highness, as Territorial Sovereign, shall be accelerated as much as possible. In the mean time the city shall be charged with quartering the soldiery, according to the mode and regulations which have hitherto subsisted in regard thereto : the High Con- tracting Parties at the same time engage to use their good offices with the Germanic Confederation, to the end that the city may be allowed a reasonable compensation for the expences arising therefrom, to be reckoned from the day of the ratification of the present Treaty.

Sovereignty of Hesse-Darmstadt over City of Mayence. Powers of the Military Governor. Burgher Guard to be under orders of Military Government. Conscription. Powers of Military Government during War.

Art. XIII. The right of Soveieignty in the City of Mayence belonging to His Royal Highness the Grand Duke of Hesse, the Administration of Justice, the receipt of Duties and Contributions of every kind, as well as every other branch of the Civil Adminis- tration, shall remain exclusively in the hands of His Royal Highness's Functionaries, and the Governor and Commandant shall lend them aid and assistance in case of need. The Military Governor of the Fortress shall at all times be vested with the necessary powers to assure to him the free and independent exercise of his functions, conformably to his responsibility.

The Civil and Local Authorities shall be subordinate to him in everything which concerns the military relations and defence of the place. He shall also have the special direction of the Police with regard thereto, in such manner, however, as shall be deter- mined on in the Conferences of the Government, in which a Civil Functionary of His Royal Highness the Grand Duke shall take a

' 463

GO June, 1S16.J ATJ8T.RIA, PEUSSIA, &c. [No. 58

[Westphalia, Mayence, &c]

part whenever they relate to objects of that nature. The Ordi- nances and Regulations of Police shall be published by the Government through the intervention of the President of the Police of the city.

The Burgher guard of the city shall, according to the practice in all Fortresses, be placed under the orders of the Military Government, and shall not assemble without its consent.

No obstacle shall be opposed to levying the Conscription within the city. The Military Government being responsible for the defence of the place, and the maintenance of internal order, and enjoying the right to adopt all necessary measures for those purposes, — it may also place advanced posts without the Fortress. In time of War, or when Germany may be menaced with War, and the Fortress declared in a state of siege, the powers of the Military Government shall be unlimited, except by the bounds of prudence, custom and the law of nations.

Mayence. Freedom of Religion. Exemption front, Duties and free postage of Letters to that part. Garrison not composed of Troops of Grand Duchy.

Art. XIV. That part of the Garrison which may not be com- posed of troops belonging to the Grand Duchy, shall enjoy an entire exemption from the Grand Ducal jurisdiction, the free exercise of religion, and exemption from duties on military effects, and from Turnpikes (Chaussee Geld), within the distance of four leagues round the Fortress ; its letters shall also pass through the Grand Ducal Territory free of postage.

To prevent abuses, these exemptions from duties and free postage of letters shall be specially regulated by the Commission established by Article X.

Sale or alienation of Domain*.

Art. XV. Every Sale or Alienation of Domain whatever, which may have been made by either party in the Countries Ceded by the present Treaty, previous to the periods fixed in Articles I., III., V., VII., and VIII., shall be valid : on the other hand, all those which may have been made subsequent to those periods shall be considered null and void. In cases, however, where it ma}' be impossible to revoke Alienations of Domains, Avithout detriment to the interests of individuals who may have legitimately acquired them and for a valuable consideration, the

4C4

No. 58] AUSTRIA, PRUSSIA, &c. [20 June, 1816.

[Westphalia, Mayence, &c]

Contracting' Parties engage to be reciprocally accountable for the proceeds of such Alienations.

Sovereignty of Hesse-Darmstadt over Provinces and Districts detached from France by Treaty of 30th May, 1814. Art. XVI. His Royal Highness the Grand Duke of Hesse, in uniting under His Sovereignty the Countries described in Article VIII. of the present Treaty, enters into all the rights, and takes upon himself all the stipulated engagements, relative to the Provinces and Districts detached from France by the Treaty of Peace concluded at Paris the 30th of May, 1814 (No. 1).

Reciprocal transfer of Title Deeds, Documents, Maps, and Papers. Westphalia, Wittgenstein-Berleburg.

Art. XVII. His Royal Highness the Grand Duke engages to have all the Title Deeds, Documents, Maps and Papers, which relate to the Duchy of Westphalia, and to the possessions of Wittgenstein-Berleburg,* transferred to the Prussian Govern- ment within the space of three months from the date of the Ratification of the present Treaty.

A similar transfer of Papers, Documents and Maps, shall be made in favour of His Majesty the King of Bavaria, His Royal Highness the Elector of Hesse, and His Serene Highness the Landgrave of Hesse-Homburg, with regard to the Districts which shall be transferred to them.

All the Title Deeds, Documents, Maps and Papers, which relate to the Countries and objects ceded to His Royal Highness the Grand Duke of Hesse, shall be transferred to His Commis- sioners within the same period.

Revenues of the Domains of Duchy of Westphalia. Arrears of

Taxes. Art. XVIII. The Revenues of the Domains situated in the Duchy of Westphalia, are explicitly reserved to His Royal Highness the Grand Duke of Hesse, up to the 1st of July in the present year, subject to a deduction for the expenses of the said Domains ; and His Majesty the King of Prussia undertakes to have them collected before the end of the year.

The arrears of direct and indirect Taxes are expressly ex- cepted from this Stipulation and shall remain to His Prussian Majesty.

* See Treaty of 12th March, 1817.

465 2 H

30 June, 1816.] AUSTRIA, PRUSSIA, &c. [No. 58

[Westphalia, Mayence, &c]

The arrears of Taxes in the countries situated on the left bank of the Rhine, which, conformably to Article VIIL, pass under the Sovereignty of His Royal Highness, shall appertain to the Grand Ducal Government, from the 16th of June, 1814, unto the 1st of July next, which Government shall defray all the expences relative to the Administration of the said arrears.

The arrears of the four Bailiwicks ceded to His Majesty the King of Bavaria, in virtue of Article III., shall belong to His Royal Highness the Grand Duke of Hesse, until the 1st of July of the present year.

Debts and Pensions assigned on the Duchy of Westphalia. Debts and Pensions of Bailiwicks of Alzenau, Amorbach, Milten- berg, and Heubach. Debts of Principality of Isenburg. Commission to ascertain Debts. Rights of Family Succes- sion. Art. XIX. The Debts assigned upon the Duchy of Westphalia, accruing from the Electorate of Cologne, as well as those con- tracted by its separate Administration, shall remain charged on the said Duchy :

The same shall take place with respect to the pensions assigned upon the possession of that country, by the Reces of the Empire of 1803,* and the revenue of 15,000 florins, assessed upon that Duchy, in favour of the Prince of Wittgenstein-Berle- burg.

As to the Debts and Charges, originally Foreign, but which have been transferred to the Duchy of Westphalia, the High Contracting Parties have agreed that His Majesty the King of Prussia shall be charged with the sum of 500,000 florins, accruing from the Debts of the County of Hanau-Lichtenberg, and con- verted into Bonds, specially secured by Mortgage upon the Duchy of Westphalia, bearing date the 1st of April, 1810.

The Debts (Landes-und Kammcrschuldeii) and Payments, with which the Grand Duchy of Hesse was charged by the acquisi- tion of the Bailiwicks of Alzenau, Amorbach, Miltenberg and Heubach, and which have not been subsequently discharged by the Ducal Government, shall pass to their new proprietor. f

The Debts assigned on the Principality of Isenburg, shall remain charged upon that country : — His Royal Highness under- takes to provide for a moiety of the Private Debts of the present Prince of Isenburg.

* See Appendix. f See Art. III.

466

No, 58] AUSTRIA, PRUSSIA *c. [30 June, 1816.

[Westphalia, Mayeuce, &c,]

A Commission shall be appointed by His Imperial and Royal Apostolic Majesty and His Royal Highness the Grand Duke of Hesse, to ascertain the state of these Debts and regulate their allotment.

The i-ights of Family Succession which, in virtue of Article XLV. of the principal Beces of the Deputation of the Empire of the 25th February, 1803,* might have been transferred to the Duchy of Westphalia, are now transferred to the districts given to His Royal Highness the Grand Duke, by Article VIII. of the present Treaty, in indemnification and in exchange, as an equivalent for the said Duchy.

Military to return /tome. Officers may remain in service of either

State. Akt. XX. The Troops drawn from the Duchy of Westphalia and the possessions of Wittgenstein- Wittgenstein, and Wittgen- stein-Berleburg, as well as those from the four Bailiwicks ceded to His Majesty the King of Bavaria, in virtue of Article III., shall remain attached to the Corps oVArmee of His Royal High- ness the Grand Duke, during the space of two months, at the expiration of which term the soldiers and non-commissioned officers may return home : the Officers in actual service may choose within the same period in which of these respective services they will remain. Those who are pensioners and natives of the Duchy of Westphalia, or who are from the Electorate of Cologne and the Counties of Wittgenstein, shall remain at the charge of His Prussian Majesty.

His Royal Highness the Grand Duke of Hesse charges him- self with the Troops of that part of the country of Isenburg annexed to the Grand Duchy.

Civil Officers and Pensioners to pass to new Possessors.

Art. XXI. All the Civil Officers employed in the Adminis- tration of the Duchy of Westphalia, of the Counties of Witt- genstein, and of the Four Bailiwicks ceded to His Majesty the King of Bavaria, whether in actual sendee or retired on Pensions, shall pass to the new Possessors. This Stipulation reciprocally applies to the districts and everything ceded to His Royal High- ness the Grand Duke of Hesse, and His Royal Highness particu- larly charges himself with the Pensioners assigned upon that portion of the department of Mont Tonnerre united to the Grand Duchy by the present Treaty. It equally applies to the Salt

* See Appendix.

467 2 H 2

30 June, 1816.] AUSTRIA, PRUSSIA, &c [No. 58

[Westphalia, Mayence, &c]

Works of Kreuznach, with the exception of their present director, the Prussian Commissioner.

Salt from Works of Kreuznach to be free from Duty. Salt prepared in Salt Works of Hesse-Darmstadt to be considered as Foreign Salt in Prussia. Price of Salt to be fixed. Engagement of Prussia not to erect new Salt Works. Stores of Wood and Charcoal to be paid by Hesse-Darmstadt.

Art. XXII. The Salt from the Salt Works of Kreuznach shall not be subject to any tax or duty whatever, either on its prepara- tion or exportation. Wood and Charcoal, and other Articles required for manufacturing the Salt, or constructing and repair- ing the Salt Works, are equally exempt from any import duty. But these Privileges aud Immunities shall not extend to the personal imposts on those individuals employed in making the Salt or superintending the Salt Works, who are Prussian subjects. The inhabitants of the Salt Works, not originally Prussian subjects, shall be subject to the same laws, and considered in the same relation, as other foreigners domiciliated in the Prussian Monarchy.

The Salt prepared in the Salt Works ceded to His Royal Highness the Grand Duke, shall be considered, in the Prussian States, as Foreign Salt, and as such shall be subject to all the duties and regulations, which now or hereafter may exist in the kingdom of Prussia, respecting Foreign Salt.

With a view to prevent the difference between the prices of Salt in the Hessian and Prussian States, on the left bank of the Rhine, from encouraging the fraudulent importation of Salt from the SaltWorks of Kreuznach into the Grand Duchy of the Lower Rhine, the Grand Ducal Government shall agree with the Prussian Authorities in fixing a price, which shall be renewed every ten years. They shall also determine upon the measures necessary to prevent smuggling, as well with regard to the exportation of Salt as to the importation of the materials required in its manu- facture, or for constructing or repairing the Salt works.

His Prussian Majesty engages not to establish any new Salt Work in the Banliev of Kreuznach that can injure the working of those ceded to His Royal Highness the Grand Duke, whether as relating to the Salt Springs or to the Waters of the Nahe.

The stores of Wood and Charcoal found in the magazines on the day of the transfer, shall remain to the Prussian Government, to

468

No- 58J AUSTRIA, PRUSSIA, tea. [30 June, 1816.

[Westphalia, Mayence, &c ]

be ceded to the Grand Ducal Administration : and if the Prussian Government should not have paid for them, the Grand Ducal Administration shall fulfil the contracts made by the said Govern- ment for those articles ; and in the contrary case, the Administra- tion shall repay the Prussian Government the prime cost of the said stores within the space of G months. The stores of Salt shall be at the disposal of the Prussian Government.

Passage and Floatage of Wood and Charcoal for Salt Works of

Kreuznach.

Art. XXIII. The Grand Ducal Government of Hesse shall have a right to convey the necessary quantities of Wood and Charcoal for supplying the Salt works of Kreuznach, through the Prussian States, without experiencing any restraint with regard thereto, and shall only pay the ordinary Duties for Passage and Floatage ; at the same time attending to the existing ordinances and regulations of the Police. The Floatage Duties for those Articles on the Nahe shall not be augmented beyond the present Tariff.

His Majesty the Emperor of Austria and His Majesty the King of Prussia engage to use their persevering intervention, for the purpose of procuring for the Grand Ducal Government of Hesse similar facilities for conveying and Floating Wood and Charcoal through the Bavarian States, from Kaiserlautem to Kreuznach.

Military Road through States of Hesse-Darmstadt.

Art. XXIV. His Royal Highness the Grand Duke of Hesse

consents that Prussia shall have a military road through His States, for troops passing from Erfurt by Eisenach, Hersfeld, Giessen and Wetzlar to Coblentz, and that those which come from, or are destined to Mayence, shall take the road of Coblentz by Bingen.

Special Conventions to regulate Military Roads.

The Convention to be concluded in the course of three months relative to these objects, shall be regulated according to that which shall be agreed to, with regard to the Prussian military roads through the States of the King of Hanover and of the Elector of Hesse. The same Convention shall regulate the billet stations {places cTStapes) on those roads.

4G9

30 June, 1816.] Austria, Prussia, &c [No. 58

[Westphalia, Mayence, &c]

It is agreed that the regulation of billet stations for the Austrian troops destined to form a part of the garrison of Mayence, shall be reserved for a Separate Convention between the respective Governments.

His Royal Highness the Grand Duke of Hesse also consents that Bavaria shall have a military road through His States, for troops passing from the Bavarian Provinces on the right bank of the Rhine to those recently acquired on the left bank of that river.

All that relates to billet stations, the maintenance and trans- port of troops, and other objects of Administration, shall be regulated by a Separate Convention between His Majesty the King of Bavaria and His Royal Highness the Grand Duke of Hesse,

Transfer of ceded Districts and Territories.

Art. XXV. The transfer of the Districts and Territories, mutually ceded and transferred, by Articles I., II., III., IV., V., VII., and VIII. of the present Treaty, shall be made on the 7th of July in the present year, by means of Proces Verbanx which shall be drawn up at Frankfort, and signed by the Plenipotentiaries of the several Princes, under whose Sovereignty these Districts shall pass. Actual possession of these districts shall be given imme- diately after signing the Proces Verbanx.

Transfer of Salt Works of Kreuznach.

The transfer of the Salt works of Kreuznach and its depen- dencies shall be made in like manner, and the Grand Ducal Autho- rities shall receive these Salt works with the same titles, lights, and pretensions, relative to the property in the said Salt works, as well as with the same tools and utensils used in workiug them, as were transferred to the Prussian Government.

These Salt works shall commence working, on account of His Royal Highness, on the 1st day of July of this year.

Guarantee of Sovereignty of States to Hesse-Darmstadt.

Art. XXVI. His Majesty the Emperor of Austria and His Majesty the King of Prussia Guarantee to His Royal Highness the Grand Duke of Hesse, the full and entire Sovereignty of His States, as well as the Integrity of His possessions, in the state described in the present Treat}'.

470

No. 58] AUSTRIA, PRUSSIA, &c. [30 June, 1816.

[Westphalia, Mayence, &c]

Ratifications,

Art. XXVII. The present Treaty shall be ratified, and the Ratifications exchanged at Frankfort within the space of six weeks, or sooner if possible.

In testimony whereof the respective Plenipotentiaries have hereunto affixed their Signatures and the Seals of their Arms.

Done at Frankfort on the Mayne, the 30th of June, 1816.

(L. S.) WESSENBERG.

(L. S.) HARNIER. (L.S.) LE BARON DE HUMBOLDT.

(L.S.) LE BARON DE MUNCH.

471

30 June, 1816.] GREAT BRITAIN & HESSE-DARMSTADT. [No. 59 [Westphalia, Mayence, &c]

No. 59. — TREATY between Great Britain and Hesse- Darmstadt. Signed at Frankfort, 30th June, 1816.

[This Treaty formed Annex III. to the General Treaty of Frank- fort of 20th July, 1819.]

(Translation as laid before Parliament.*)

In the Name of the Most Holy and Undivided Trinity.

Reference to Treaties of Frankfort of ISIS.

His Majesty the King of the United Kingdom of Great Britain and Ireland anxious to evince His entire participation in the Territorial Arrangements discussed, agreed upon, and determined by common consent, in the Conferences at Frankfort on the Mayne,+ between His Plenipotentiary and the Plenipotentiaries of their Imperial and Royal Majesties the Emperor of Austria, the Emperor of Russia, His Majesty the King of Prussia, a»d His Royal Highness the Grand Duke of Hesse ; and desiring at the same time to give a fresh proof of His friendship for His Royal Highness, by the furtherance of His wish that a Treaty should be immediately signed with His said Royal Highness, conformably to the arrangements in question; His Majesty the King of the United Kingdom of Great Britain and Ireland, and His Royal Highness the Grand Duke of Hesse, have to this effect named for Plenipotentiaries, viz :

His said Majesty, the Right Honourable Richard le Poer Trench, Earl of Clancarty, Viscount Dunlo, Baron Kilcoimel, Baron Trench of Garbally of the United Kingdom of Great Britain and Ireland, Ambassador Extraordinary and Plenipotentiary to His Majesty the King of the Netherlands, &c.

And His Royal Highness the Grand Duke of Hesse, the Sieur Henry William Charles de Harnier, His Royal Highness's Privy Councillor, His Envoy Extraordinary at the Royal Court of Bavaria, and His Minister Plenipotentiary at the Diet of the Germanic Con- federation.

And the Sieur Henry Baron de Munch of Bellinghausen, His Privy Councillor and Director of the Chamber of Finance of the Province of Hesse.

* For French version, see " State Papers," vol. vii., p. 39. t 23rd November, 1813. See Appendix.

472

No. 59] GREAT BRITAIN & HESSE-DARMSTADT. [30 June, 1816. [Westphalia, Mayence, &c]

Who, after having exchanged their Full Powers, and found them in good and due form, have determined on and signed the f ollowing Articles :

(Articles I. to XXV., both inclusive, are literally conformable to the Treaty between Austria, Prussia, and Hesse-Darmstadt of 30th June, 1816 (No. 58).

Ratifications.

Art. XXVI. The present Treaty shall be ratified, and the Ratifications exchanged at Frankfort within the space of two months, or sooner if practicable.

In testimony whereof, the respective Plenipotentiaries have hereunto affixed their Hands and Seals.

Done at Frankfort on the Mayne, the 30th of June in the year of our Lord, 1816.

(L.S.) CLANCARTY.

(L.S.) HARNIEK. (L.S.) MUNCH.

473

1 July, 1818.] AUSTRIA AND PRUSSIA. [No, 60

[Department of the Saar.]

NO. 60.— CONVENTION between the Commissioners of Austria and Prussia, on the Subject of the Cession to Prussia of a part of the former Department of the Saar.* Signed at Worms, 1st July, 1816.

Aet. Table.

Preamble. Reference to Vienna Congress Treaty of 9th June, 1815 ; to the Protocol of 3rd November, 1815, &c. Districts of the Saar ceded by Austria to Prussia.

1. Land Revenues to revert to Prussia.

2. Distribution of Moneys in Austria. Central Treasury received from

Districts of Ottweiler and Birkenfeld.

3. Right of Austria to State Property unsold on the 30th April.

4. Bills of Exchange for Timber sold to be handed over to Prussian Court

and accounted for to Austria.

5. Arrears of Taxes, &c, to 1st May, to belong to Austria,

6. Arrears of Revenues up to 1st May to be collected by Prussia, and

accounted for to Austria.

7. Payment of Salaries, Pensions, and Maintenance of Prisoners.

8. Liquidation of Debts occasioned by the War.

9. Unpaid Claims of Contractors to be settled by the Liquidation Com-

mission.

10. Officials in employ of ceded Territoi'ies to be employed by Prussian

Government.

11. All Acts, Maps, Plans, and Documents to be delivered over to Prussia.

12. Commissioners of Claims to have free access to all Acts, Registers, &c,

of ceded Territories.

13. Regulations relative to Cession to Prussia to remain in foi"ce.

(Translation.)

Preamble. Reference to Vienna Congress Treaty of 9th June, 1815 ; to the Protocol of 3rd November, 1815, fyc. Districts of the Saar ceded by Austria to Prussia.

Whereas, according to Article VI. of the Territorial Indemni- fication Treaty, concluded at Paris on the 3rd November, 1815 (No. 38), between the Allied Powers, the land districts in the former Department of the Saar, which, by Article LI. of the Act of Congress (No. 27), were assigned to His Imperial Majesty, were thereby ceded to the Crown of Prussia ; and whereas, on account of such Seisin, as well as with regard to the Territorial Indemnification yet to be effected, a Preliminary

* See Treaty of 20th July, 1819. 474

No. 60] AUSTRIA AND PRUSSIA. [1 July, 1816.

[Department of the Saar.]

Convention, embodying- several general principles, has already been concluded at Frankfort on the 28th of June, by duly empowered Commissioners and Ministers — viz., for the Austrian Government, the acting Privy Counsellor Baron von Wessenburg-, and for the Prussian Government, the Minister of State, Baron von Humboldt ; therefore, in order that the said Cession and Seisin, and especially as regards the districts situated in the former Department of the Saar, may now be strictly fulfilled, and the necessary arrangements for duly effecting the same be made, the herein-named Commissioners, that is to say ;

On the part of the Prussian Court, the President of the Royal Government at Coblentz, 1st Division, Knight of the Red Eagle, 3rd Class, Baron von Schmitz-Grollenburg, as Seisin-Commissioner ;

And on the part of the Austrian Court, the Actual Counsellor and Commander of the Royal Bavarian Civil Order of Merit, Wilhelm von Drossdick, as Cession Commissioner ;

Have this day, the 1st July, 1816, met together, and, after exchanging their Full Powers, duly authenticated copies of which were recorded, the Austrian Cession Commissioner declared that by virtue of his Full Powers he ceded and made over, without any reserve whatsoever, to the Prussian Seisin Commissioner, His Imperial Majesty's land Districts situate in the former Depart- ment of the Saar,* which districts were designated in Article VI. of the Treaty concluded at Paris on the 3rd November, 1815 (No. 38), between the Allied Powers, relative to the said Terri- torial Indemnification : such districts, moreover, consisting of the Cantons of Saarburg, Merzig, Wadern, Tholey, Ottweiler, that part of the Canton of Lohbach which was ceded by France in the year 1814, the remains of the Canton of Lonz (including the portions heretofore belonging to the Department of Walder, and situated on the right bank of the Moselle), Hermeskeil and Birken- feld, as well as the Cantons of Baumholder and Grumbach, the latter, with the exception of the townships of Eschenau and St. Julien ; also the Canton of St. Wen del, with the exception of the townships of Saal, Niederkirchen, Bubach, Marth, Hof, and Ostenbriicken ; and lastly the following townships, formerly belonging to the Canton of Cusel — viz., Schwarzerden, Reich- weiler, Pfeffelbach, Ruthweiler, Burge, and Thal-Lichtenberg, together with all the Rights and Privileges of the same descrip- tion, and to the same extent as were hitherto held by the same by His Imperial Austrian Majesty. He does, therefore, now, in * See also Treaty of 20tli July, 1819, Art. XI. 475

1 July, 1816.] AUSTRIA AND PRUSSIA. [No. 60

[Department of the Saar.]

the name of His Imperial Majesty, release and discharge all the State Servants and Subjects belonging to the Ceded Districts, from the duty and Allegiance they owed to their former Sovereign.

Hereupon the Prussian Seisin Commissioner declares that, by virtue of his Full Powers, and in the name of His Majesty the King of Prussia, he accepts and receives the Districts so ceded, in the manner they have been transferred to him, and moreover, that he recognizes the same as well as the Inhabitants thereof, as having passed over to His Majesty the King of Prussia in full Sovereignty.

Both the Commissioners hereupon immediately issued a Pro- clamation on the subject, dispatching the same for publication to every district, and in this manner Article VI. of the Treaty of Paris, of the 3rd of November, 1815 (No. 38), has been fully carried into execution.

It being, however, desirable that this generally, and, as far as regards first principles, completely effected Cession, should be made to harmonize with such dispositions as it may hereafter be considered expedient to introduce therein ; and as, moreover, the Preliminary Treaty which was concluded on the 21st of June with respect to the districts to be ceded in the former Depart- ment of the Saar, the two Commissioners have, in consequence, consulted further together upon the following points, and have established resolutions in the form of Articles, viz. :

Art. I. Land Revenues to revert to Prussia.

Art. II. Distribution of Moneys in Austria. Central Treasury received from Districts of Ottweiler and Birkenfeld.

Art. III. Bight of Austria to State Property unsold on the oOth April.

Art. IV. Bills of Exchange for Timber sold to be handed over to Prussian Court, and accounted for to Austria.

Art. V. Arrears of Taxes, jj-c, to 1st May, to belong to Austria.

Art. VI. Arrears of Revenues up to 1st May to be collected by Prussia, and accounted for to Austi-ia.

Art. VII. Payment of Salaries, Pensions, and Maintenance of Prisoners.

Art. VIII. Liquidation of Debts occasioned by the War.

Art. IX. Unpaid Claims of Contractors to be settled by the Liquidation Commission .

Art. X. Officials in employ of Ceded Territories to be employed by Prussiqn Qpyernment.

470

No. 60] AUSTRIA AXD PRUSSIA. [1 July, 1816.

[Department of the Saar.]

Art. XI. All Acts, Maps, Plans, and Documents to be delivered over to Prussia.

Art. XII. Commissioners of Claims to have free access to all Acts, Registers, fyc, of ceded Territories.

Art. XIII. Regulations relative to Cession to Prussia to remain in force.

Done at Worms, the 1st July, 1816.

(L.S.) VON DROSSDICK.

(L.S.) SCHMITZ GROLLENBURG.

477

18 Sept., 1816.] PRUSSIA AND MECKLENBURG-STRELIIZ. [No. 61

[Department of the Saar.]

No. 61.— TERRITORIAL TREATY between Prussia and Mecklenburg-Strelitz. Signed at Frankfort, 18th September, 181G.

Art. Table.

Preamble. Reference to Vienna Congress Treaty of 9th June, 1815.

1. Cessions by Prussia.

2. Acknowledgement on the part of the Grand Duke.

3. Fresh arrangement reserved.

4. Revenues.

5. Commerce, Stations, &c.

6. Ratifications.

(Translation.)

In the Name of the Most Holy and Indivisible Trinity.

Preamble. Reference to Vienna Congress Treaty of 9th June, 1815.

As His Majesty the King of Prussia, in consequence of the transactions of the Allied Powers at Paris, on the Cession to him by His Majesty the Emperor of Austria, of those Districts in the former Department of the Saar -which had fallen to His Imperial Royal Apostolic Majesty by Article LI. of the Act of Congress passed at Vienna on the 9th of June, 1815 (No. 27), has under- taken the obligation of satisfying the Claims which, according to Articles XLIX. and L. of the said Act of Congress, His Royal Highness the Grand Duke of Mecklenburg-Strelitz has to Territory with a population of 10,000 souls on the left bank of the Rhine, and His Royal Majesty having a wish to discharge that obligation, but the actual transfer of the Territories intended for the purpose as stated hereafter, not appearing at present ex- pedient, on the grounds also stated, His Royal Majesty and His Royal Highness, with the view of securing and establishing all rights in the mean time, have determined to enter into a Special Treaty hereon, and for that purpose have appointed Plenipoten- tiaries, namely :

His Majesty the King of Prussia, Baron Carl Wilhelm von Humboldt, His Minister of State, Chamberlain, &c.

And His Highness the Grand Duke of Mecklenburg-Strelitz, Baron August von Oertzen, His Minister of State, &c.

Which two Plenipotentiaries, after exchanging their Full

478

No. 61] PRUSSIA AND MECKLENBURG-STRELITZ. [18 Sept., 1816.

[Department of the Saar.]

Powers, found to be in due form and validity, have with each other agreed upon and settled the following Articles :

Cessions by Prussia.

Art. I. His Majesty the King of Prussia cedes to His Royal Highness the Grand Duke of Mecklenburg-Strelitz the former Cantons of Cronenburg, Reifferscheid and Schleyden, the first, however, with the exception of the Communes of Steffler and Schuler, the last with exception of the Commune of Wolfsseiffen, as those Districts which, according to the designation appended to this Treaty, contain the required number of inhabitants. This Territory will be possessed by His Royal Highness, His heirs and successors, in full Property and with all Sovereign Rights. As, however, it is surrounded by Royal Prussian Territory, and therefore local circumstances may require, on fixing the Boundaries, an addition on one side or a deduction on another, His Royal Majesty expressly reserves to Himself the right of such special arrangement when the actual transfer takes place, always pro- vided that the promised number of souls remains unchanged and the connexion of the Territory undivided.

Acknowledgement on the part of the Grand Duke.

Art. II. His Royal Highness the Grand Duke of Mecklenburg- Strelitz accepts this Cession, and hereby formally declares that His Majesty the King has by it fully satisfied the obligation undertaken by Articles XLIX. and L. of the Act of Congress (No. 27) and the Parisian transactions. The Cession, as arranged by the present Treaty, shall have the same effect and validity as if it were included in the resolutions of the Plenipotentiaries for the settlement of the Territorial affairs.

Art. III. Fresh arrangement reserved.

Art. IV. Revenues.

Art. V. Commerce, Stations, cj-c.

Art. VI. Ratifications.

In witness whereof the two Plenipotentiaries have signed the pi-esent Treaty with their own hands, and sealed it with their arms.

Done at Frankfort on the Main, 18th September, 181 G.

(L.S.) YVILHELM BARON VON HUMBOLDT. (L.S.) AUGUST VON OERTZEN. 479

18 Sept., 1816.] PRUSSIA AND MECKLENBURG-STRELITZ. [No. 61

[Department of the Saar.]

Annex. — Designation of the Territory to be eventually ceded by His Majesty the King of Prussia to His Royal Highness the Grand Duke of Mecklenburg-Strelitz.

Inhabitants.

1 . The Canton of Reiffenscheid with .. 3,620

2. The Canton of Schleyden, with exception

of the Commune of Wolfseiffen, with 3,917

3. The Canton of Cronnaburg, with excep-

tion of the Commune of Steffler and Schuler, with 2,795

Total 10,332

480

No. 62] NETHERLANDS AND PRUSSIA. [7 Oct., 181G.

•

[Limits.]

NO. 62.— TREA TY of Limits between Prussia and tlu Netherlands. Signed at Cleves, 1th October, 181(>.

Art. Table.

Preamble. Reference to Vienna Congress Treaties of Oth June, 1815, and 2Gtli June, 1816. 1. Line of Frontier to be traced.

, " I Detailed description of the Line of Frontier to lie traced by Commis- . - f sioners.

4fi. Ratifications.

(Translation.*)

Preamble. Reference to Vienna Congress Treaties of 9th June. 1815, and 26th June, 181(3.

His Majesty the King- of Prussia, &c, and His Majesty the King of the Netherlands, Prince of Orange-Nassau, Grand Duke of Luxemburg, &c, having determined, by the Treaty of the 26th June last (No. 56), the Limits of the two Kingdoms from the borders of France on the Moselle to the ancient Dutch town near the Mook, and wishing to examine that ancient frontier, and to regulate on the Lower Rhine everything relating- to hydro- technical works and others of a similar nature, in the most equitable manner and the most convenient for the mutual advantage of the two States, have, in conformity with Article XXV. of the Final Act of the Congress of Vienna (No. 27) appointed as Commissioners, and furnished with their Full Powers, namely :

His Majesty the King of Prussia, the Sieur Frederic, Comte de Solms-Latibach, First President of the Duchies of Juliers, Cleves, and Berg, &c., who, in virtue of the power conferred upon him by his Full Power, has appointed to the same effect and with the same powers the Sieurs Frederic Guillaume de Bcrnuth, Chief President of Regency at Arnsberg, and John Albert Eytelwein, Intimate Councillor and Director-General of the Public Works of the Kingdom ;

And His Majesty the King of the Netherlands, the Sieurs Maximilian Jacques de Man, Colonel of Engineers, Director of Archives of War, and of the Topographical Department, &c, and Jan Blanken-Iz, Inspector-General of the Waterstaat, &c.

* For French version, see " State Papers," rol. iii.. p. 736.

481 2 I

7 Oct., 1816.] NETHERLANDS AND PRUSSIA. [No. 62

[Limits.]

Who, after having exchanged their Full Powers, found to be in good form, have agreed upon the following points and Articles :

Line of Frontier to be Traced.

Art. I. The Limits determined upon by the present Treaty shall settle the Frontiers between the two States from the point at which the Limits along the Meuse reach the old Dutch terri- tory, near the houses called Aan-IIet-End, as far as the Hano- verian territory, where the line of boundary between the two States ceases.

Arts. II to XLV. Detailed Deselection of the Line of Frontier to be traced by Commissioners.

Ratifications.

Art. XL VI. The present Treaty shall be submitted to the two Courts, in order to be ratified, and the Purifications thereof shall be exchanged within two months, or sooner if possible.

In testimony whereof the Commissioners of the High Con- tracting Parties have signed it, and have affixed thereto the Seal of their Arms.

Done at Cleves, 7th October, 1816.

(L.S.) DE BERNUTII. (L.S.) M. J. 1)E MAX.

(L.S.) EYTELWEIX. (L.S.) J. RLAXKEIX-IZ.

4*2

No. 63] FRANCE AND HAMBURGH. [27 Oct., 1816.

[Bank of Hamburgh.]

No. 63.— CONVENTION between France and Hamburgh,

relative to the Claims of the Bank of Hamburgh. Signed at Paris, 21th October, 181(5.

Art. Table.

Preamble. Reference to Treaty of 20th November, 1815.

1. Amount clue by France to the Bank of llamhurgh.

2. Mode of payment by France. Stock to be inscribed in the name of

Senator Sillem.

3. Payment of Arrears of Interest.

4. Date of Payment of Interest and Arrears of Interest.

5. Renunciation of all further Claim by Hamburgh.

6. Previous Acts Annulled.

7. Ratifications.

(Translation.*) Preamble. Reference to Treaty of '20th November, 1815.

His most Christian Majesty, wishing to fulfil the conditions of Article III. of the Convention concluded on the 20th November, 1815 (No. 45), between him and the Allied Powers, relative to the liquidation of Foreign Claims, and wishing moreover to give to the Town of Hamburgh a proof of his good will, by indemnify- ing, so far as circumstances will admit, the Bank of that Town, for the Losses she sustained in 1813 and 1814, has appointed the Sieur Baron Portal, Councillor of State, &c, and the Sieur Baron Dudon, Councillor of State, &c, to confer and treat on the subject with the Sieur Senator Sillem, appointed for that purpose by the Burgomasters and Senate of the Town of Hamburgh ; and the said Commissioners, having reciprocally communicated to each other their Powers, found to be in good and due form, have agreed upon the following : —

Amount due by France to the Bank of Hamburgh.

Art. I. The Debt which the Senate of Hamburgh, in the name of the Bank of that Town, claimed to be reimbursed by France, and the origin of which was the carrying off of the Funds of the Bank of that Town in 1813 and 1814. is and remains fixed at the sum of 10.000,000 francs.

Mode of Payment by France. Art. II. France engages to pay that sum of 10,000,000 francs,

*' For French version, see "State Papers," vol. iii., p. 550.

48-'! 2 i 2

27 Oct., 1816. FRA2fCE AND HAMBURGH. [No. 63

[Bank of Hamburgh.]

and the payment shall be effected by an Inscription of Stock {Inscription de Rente) of 500,000 francs on the Great Book of the Public Debt.

Stock to be Inscribed in the Name of Senator Sillem.

The said Stock shall be inscribed with possession from the 22nd March, in the name of the Senator Sillem (Martin Garlieb Sillem), and the Certificate of Inscription shall be delivered to him on the day of the Exchange of the Ratifications of the present Convention.

Payment of Arrears of Interest.

Art. 1 1 1. Interest on the Capital of the said Sum of 10,000,000 francs shall be accounted for to the Senate of Hamburgh, from the 20th November, 1815, to the 22nd March, 1816, at the rate of 4 per cent, per annum.

Date of Payment of Interest and Arrears of Interest.

Art. IV. These interests, amounting to the sum of 134,794 francs 52 centimes, and that of the Arrears of the Annuity of 500,000 francs, dating between the 22nd March and 22nd September, 1816, amounting to the sum of 250,000 francs, shall be paid in cash by the Treasury of France, and into the hands of the Senator Sillem, on the day of the exchange of the Rati- fications of the present Convention.

Renunciation of all further Claim by Hamburgh.

Art. V. On the delivery of the Inscription of 500,000 francs Annuity, and on the payment of the Interests stipulated for in the preceding Article, the Senate of Hamburgh renounces, as well in its name as in the name of the Bank of that Town, to all renewal or claim whatever, on account of the carrying off of the Funds of the said Bank.

Previous Acts Annulled > Art. VI. It is well understood that all Acts whatever made previous to the present Convention, and bearing on the reimburse- ment by France of the Funds of the Bank of Hamburgh, are considered as null and void and declared of none effect.

Ratifi cations. Art. VII. The present Convention shall be ratified, and the

484

No-. 63] FRANCE AND HAMBURGH. [27 Oct., 1S16.

[Bank of Hamburgh.]

Ratifications thereof shall be exchanged within the term of One Month, or sooner if possible.

In faith of which we, the undersigned Commissioners of His most Faithful Majesty and of the Senate of Hamburgh, have signed the present Convention, and have affixed thereto the Seal of our Arms.

Done at Paris, 27th October, 181G.

(L.S.) PORTAL. (L.S.) SILLBM.

(L.S.) DUDON.

485

8 Nov., 1816, PRUSSIA AND NETHERLANDS. [No. 61

[Luxemburg:, &c]

NO. 64.— TREATY between Prussia and the Netherlands. Signed at Frankfort, 8th November, 181(5.

[This Treaty formed Annex IV. of the General Treaty of Frank- fort of 20th July, 1819.]

Aiu\ Table.

Preamble. Reference to Treaty of 20tli November, 1815.

1. Sovereignty of the Netherlands over Belgic Provinces of the Bishopric of

Liege and the Duchy of Bouillon. Boundai"ies. Fortresses of Philippeville and Marienburg.

2. Pecuniary Indemnity. Indemnity to be employed for Defence of

Frontiers.

3. Relinquishment of Claim to Indemnification under Treaty of 20th Nov.

1815. Indemnity to be divided between Austria and Prussia.

4. Fortress of Luxemburg to be a Fortress of the Germanic Confederation.

5. Prussia to appoint Governor and Commandant of Fortress of Luxemburg.

Composition of Garrison. 0'. Civil Government over City and Fortress of Luxemburg vested in King of the Netherlands' Police. Powers of Military Governor in case of War.

7. Composition of the Burgher Guard. Burgher Guard under orders of

Governor of Fortress.

8. Powers of Governor of Fortress in case of War.

9. Number of Troops for Garrison of Fortress.

10. Appointment of Commandants of Artillery and of Engineers of the For-

tress. Duties of Commandant of Artillery. Duties of Artillery Officer of the Netherlands. Duties of Commandant of Engineers and Engineer in service of the Netherlands. Mixed Commission to decide differences.

11. Free exercise of Religion by Prussian Garrison.

12. Formation of Militia under orders of Military Governor.

13. Repairs of Fortifications. Funds to be entrusted to a mixed Commission.

14. Supply of Provisions and Hospital Stores. Military Stores in time of War.

15. Creation of a Fund of Endowment.

16. Maintenance of Fortress of Luxemburg to be settled by the Diet of tho

Germanic Confederation.

17. Custom-Houses not to be interrupted by Passage of Troops.

18. Letters for Prussian Garrison free of Postage. Freedom from TurnpikeDucs.

19. Military Roads. Supplies to Troops passing to or from Fortress of

Luxemburg .

20. Confirmation of Treaties of 31st May and 0th June, 1S15.

21. Ratifications.

(Translation as laid before Parliament.*)

In the Name of the Most Holy and Undivided Trinity.

Preamble. Reference to Treaty of 20th November, 1815. His Majesty the King- of Prussia and His Majesty the King of the Netherlands, Grand Duke of Luxemburg, desiring with one * lor French version, sec "Stale Papers," vol. vii., p. 40.

48G

No. 64] PRUSSIA AND NETHERLANDS. [8 Nov., 1816.

[Luxemburg, &c]

accord, in concert with their Majesties the Emperor of Austria, the King' of the United Kingdom of Great Britain and Ireland, and the Emperor of all the Russias,* to give effect by a Separate Treaty, to the Articles and Stipulations of the Treaty of Peace, concluded at Paris the 20th of November, 1815 (No. 40), as well those which regard the Kingdom of the Netherlands, as those which concern the Grand Duchy of Luxemburg ; His Majesty the King of the Netherlands, in his twofold quality of King and Grand Duke, and their Majesties aforesaid, wishing to apply them to all that may regard their reciprocal interests, and to consolidate the arrangements resulting therefrom, have appointed the following Plenipotentiaries for that purpose, viz. :

His Majest}' the King of Prussia, the Sieur Charles William Baron De Humboldt, His Minister of State and Chamberlain, &c. :

And His Majesty the King of the Netherlands, Grand Duke of Luxemburg, the Sieur John Christopher Ernest Baron De Gagern, His Envoy Extraordinary and Minister Plenipotentiary at the Germanic Diet, and at the Free City of Frankfort, &c. : Who after having exchanged their Fall Powers and found them in good and clue form, have agreed to, concluded, and signed the following Articles :

Sovereignty of the Netherlands over Belgic Provinces of the Bishopric of Liege and the Duchy of Bouillon. Art. I. His Majesty the King of the Netherlands, Grand Duke of Luxemburg, shall possess, for Himself, His Descendants and Successors, in full Property and Sovereignty, all the Districts which, having in 17'JO formed part of the former Belgic Provinces of the Bishopric of Liege and the Duchy of Bouillon, were ceded by France to the Allied Powers, by the Treaty concluded at Pan's the 20th of November, 1815 (No. 40) ; as well as the enclosed Territories (enclave's) and the Fortresses of Philippeville and Marienburg, ceded by the same Treaty.

Boundaries. Fortresses of Philippeville and Marienburg.

According to this arrangement the Boundaries of the States of His Majesty the King of the Netherlands, Grand Duke of Luxem- burg, and those of France, shall remain as they were fixed by the Treaty of Peace of Paris of the 30th of May, 1814 (No. 1), from the North Sea as far as opposite Quievrain.

From Quievrain the line of demarkation shall follow the

* See Treaties of lGtli November, 1816 ; 12th March, 1817 ; and 17th

April, 1817.

487

8 Nov., 1816.] PEUSSIA AND NETHERLANDS. [No. 64

[Luxemburg:, &c]

ancient exterior Limits of the former Belgic Provinces of the Bishopric of Liege, and Duchy of Bouillon, as far as Villers, near Orval, the same as they were in 1790, including- the whole of those countries, and especially the Fortresses and Territories of Philippeville and Marienburg, conformably to the Stipulations of Article I. of the said Treaty of the 20th of November, 1815 (No. 40), without otherwise changing the Boundaries of the King- dom of the Netherlands, and of the Grand Duchy of Luxemburg. which shall be preserved as they were fixed by the Treaty of Vienna of the 81st of May, 1815 (No. 22), which Treaty in all other points is fully confirmed.

Pecuniary Indemnity.

Art. II. A part of the Pecuniary Indemnifications which His Most Christian Majesty has engaged to pay by Article IV. of the Treaty of Paris of the 20th of November, 1815 (No. 40), being destined, in virtue of the Arrangements made between the Allied Powers at Paris, to strengthen the line of defence of the Stales which border upon France, His Majesty the King of the Nether- lands, Grand Duke of Luxemburg, shall receive for that purpose the sum of 60,000,000 francs.

Indemnity to be employed for defence of Frontier.*.

His Majesty the King of the Netherlands, Grand Duke of Luxemburg, undertakes to employ this sum in the works neces- sary for the defence of the Frontiers of His States, conformably to the system adopted and agreed upon by the Allied Powers, according to the Protocol of the Conference of their Ministers of the 21st of November, 1815 (No. 48), annexed to the present Treaty, and which shall have the same force and validity as if it were inserted therein word for word.

Relinquishment of Claim to Indemnification under Treaty of

20th November, 1815.

Akt. III. His Majesty the King of the Netherlands, Grand Duke of Luxemburg, justly appreciating the advantages which result from the preceding arrangements, as well in respect to the exten- sion of His Territory, as to its means of defence, gives up, in refer- ence to the sums stipulated in Article IV. of the Treaty of Paris of the 20th of November, 1815 (No. 40), the share which His Majesty might claim under the head of Indemnifications, and which was fixed by the Protocol of the Conference of the 20th of November, 1815, at the sum of 21.204,832 fr. 22.V c

l.s.s

Nc. 64] PRUSSIA AND NETHERLANDS. [8 NOW, 1316.

[Luxemburg, &c]

Indemnity to be divided between Austria and Prussia.

His Majesty agrees that this share shall serve to complete the Indemnifications to Austria and Prussia, and be divided in equal proportions between those Powers.

Fortress of Luxemburg to be a Fortress of the da-manic Con- federation.

Akt. IV. Article III. of the Treaty concluded at Vienna the 31st of May, 1815 (No. 22). and Article LXVII.of the Act of the

Congress of Vienna (No. 27), having- stipulated that the Fortress of Luxemburg should be considered a Fortress of the Germanic Confederation, tins stipulation is maintained and expressly con- firmed by the present Convention. Nevertheless, His Majesty the King of Prussia, and His Majesty the King of the Netherlands, acting in His quality of Grand Duke of Luxemburg, wishing to adapt the remaining dispositions of the said Articles to the changes resulting from the Treaty of Paris of the 20th of November, 1815 (No. 40), and to provide in the most effectual manner for the com- bined defence of their respective States, have agreed to keep a joint {commune) garrison in the Fortress of Luxemburg ; but that arrangement, made solely for a military object, shall not affect in any respect the right of Sovereignty of His Majesty the King of the Netherlands, Grand Duke of Luxemburg, over the city and Fortress of Luxemburg.

Prussia to appoint Governor and Commandant of Fortress of Luxemburg. Composition of Garrison.

Art. V. I lis Majesty the King of the Netherlands, Grand Duke of Luxemburg, concedes to His Majesty the King of Prussia, the right of appointing the Governor and the commandant of that Fortress, and agrees that the garrison in general, as well as each particular description of force, shall be composed of three fourths Prussian and one fourth Belgic troops {Troupes des Pays-Bas) ; thus relinquishing the right of appointment secured to His Majesty by Article LXVII. of the Act of the Congress of Vienna (No. 27). These troops shall be equipped and paid at the expence of their respective Governments, and victualled in like manner, unless the fortress should be declared in a state of siege, in which case the garrison shall be victualled from the magazines of the fortress, and be supplied with provisions according to the principles estab- lished by Article XIV.

489

8 NOV., 1816.] PRUSSIA AND NETHERLANDS. | No. 61

[Luxemburg-, &cl

Civil Government over City and Fortress of Luxemburg vested in King of the Netherlands' Police.

Art. VI. The rig-lit of Sovereignty belonging in its fullest extent to His Majesty the King of the Netherlands, ( Jrand Duke of Luxemburg, in the city and Fortress of Luxemburg, as well as throughout the remainder of the Grand Duchy, the Administration of Justice, the receipt of Duties and Taxes of every kind, as well as all other branches of Civil Administration, shall remain exclusively in the hands of His Majesty's Agents, and the Governor and Com- mandant shall lend them aid and assistance in case of need. On the other hand the Governor shall be vested with all the neeessary powers to insure to him the free and independent exercise of his functions, conformably to his responsibility, and the Civil and Local Authorities shall be subordinate to him in everything which concerns the defence of the place.

Powers of Military Governor in case of War.

To avoid, however, all difference between the Military and Civil Powers, His Majesty the King of the Netherlands, Grand Duke of Luxemburg, shall appoint a special Commissioner to communicate between the Governor and the Civil Authorities, who shall receive the direction of the said Governor in affairs of Police, as far as they are connected with military matters and with the defence of the Fortress.

The Governor may also on his part appoint a person, con- formably to the limitations aforementioned, and these two persons shall form a Mixed Commission : but in case of war or of either of the two Kingdoms of Prussia and the Netherlands being menaced with war, and the Fortress declared in a state of siege, the powers of the Governor shall be unlimited, except by the bounds of prudence, custom, and the law of nations. Finally, if the Diet of the Germanic Confederation should decide that the Governors and Commandants of the fortresses of the league should be sworn, the Governor and Commandant of the Fortress of Luxemburg shall take such oaths as may be prescribed by the Diet.

Composition of the Burgher Guard.

Art. VII. The Burgher guard of the city of Luxemburg- shall, according to the law of the Kingdom of the Netherlands of the 28th of June 1815, consist of three out of every hundred of the whole population of the city, and shall not in any case, or

490

No. 64 PRUSSIA Axn NETHERLANDS. [8 Nov., 1816.

[Luxemburg, &c]

under any denomination* exceed that number, It shall only mount guard when there is no Garrison in the place, and its service shall be confined to the preservation of public tranquillity, and to the protection of the property of the inhabitants, more especially in case of fire, unless it should be called upon to take an active part in the defence of the Fortress.

Burgher Guard under orders of Governor of Fortress.

Whenever it may be necessary that it should perform similar, or any other military service whatever, it shall be under the orders of the Governor of the Fortress, without whose consent it cannot assemble, neither for exercise nor for actual service. Luxemburg being a Fortress of the Germanic Confederation, the High Contracting Parties expressly reserve all the regulations which the Confederation may make, relative to the oaths which x shall be exacted from the Burgher Guards in all the Fortresses of the league, whether of a particular or of a general nature.

Powers of Governor of Fortress in case of War.

Art. VIII. It results from the duty and responsibility of the Governor that, in case of a war breaking out, or of the moral certainty of a war, he may exercise without the Fortress the same powers with which he is invested in the interior of the place, and make all requisite military arrangements. If in time of peace he should deem it necessary to order patroles, or place advanced posts, the troops thus employed shall not make any requisition or be chargeable to the inhabitants.

'Ov

Number of Troops for Garrison of Fortress.

Art. IX. The Garrison of the Fortress, under the orders of the Governor, shall consist in time of peace, of 6,000 men; His Majesty the King of Prussia, and His Majesty the King of the Nether- lands, Grand Duke of Luxemburg, have agreed, however, that as long as the allied troops shall occupy a part of France, it shall be limited to 4,000 men, 3,000 of whom shall be furnished by Prussia, and 1,000 by the Netherlands.

Appointment of Commandants of Artillery and of Engineers of the

Fortress.

Art. X. His Majesty the King of the Netherlands, Grand Duke of Luxemburg, consents, that the Commandant of the

401

8 NOV., 1816.] PRUSSIA AND NETHERLANDS. [No. 61

[Luxemburg-, &c]

Artillery and of the Engineers of the Fortress shall be appointed by Prussia; reserving- to Himself the power of appointing two Officers of each of those corps, who shall be especially responsible to His Majesty*

Duties of Commandant of Artillery. The respective duties of these four Officers shall be as follows : — The Commandant of Artillery shall have the uncon- trolled charge of the Materiel ; he shall regulate its distribution in Peace, and its employment in time of War ; provided always that no part of it be taken out of the Fortress. It shall be equally his duty to provide that the Materiel and the ammunition are in the state stipulated by the Treaty.

Duties of Artillery Officer of the Netherlands. The Artillery Officer of the Netherlands shall see to the pre- servation and repairs of the Materiel. As the number of guns, the state of the carriages and of all the articles belonging to the Materiel as well as the quantity of ammunition, will be deter- mined by the stipulations of the present Convention, the inventory that will be drawn up shall serve as a standard for the two Officers. The Officer in the service of the Netherlands shall receive the returns, and have control over the articles which shall be delivered from the arsenal and magazine, by order of the Commandant of Artillery.

Duties of Commandant of Engineers and Engineer in service of

the Netherlands.

The Commandant of Engineers, and the Engineer in the service of the Netherlands, shall divide between them the care of preserving the Works, and jointly determine upon the necessary Repairs and new Buildings. But these operations once deter- mined on, the Commandant of Engineers shall alone draw the detailed plan, and direct its execution. If, however, the mode established in the Netherlands of having the public work done by tender shall not be adopted, the Engineer of the Netherlands shall concur in the rates agreed upon with the contractors and workmen.

Mixed Commission to decide differences^

All discussions which may arise shall be decided by a Mixed

Commission, under the direction of the Governor. The regula- tions respecting the repairs and daily maintenance of the works.

492

No. 64] PRUSSIA AND NETHERLANDS. [8 Nov., 1816.

[Luxemburg1, &c.j

shall iu no wise affect the Stipulations of Article XIII., which relate to an original plan of the Works and Fortifications in general, and to the inspection of the works after they shall he finished.

Free exercise of Religion, by Prussian Garrison.

Art. XI. The Prussian part of the Garrison shall enjoy the free exercise of their Eeligion, and on the demand of the Governor the city shall furnish a place adapted to that purpose.

Formation of Militia under Orders of Military Governor.

Art. XII. The High Contracting Parties having deemed it necessary to enable the Governor of the Fortress to reinforce the garrison without delay, if circumstances should require it, a Militia shall be formed of 8,000 men, viz., 6,000 for Prussia, and 2,000 for the Netherlands, within the Districts of the two Monarchies nearest to the Fortress, in order that they may be at the immediate disposal of the Governor. This Militia shall consist on both sides of able-bodied men, well-armed and dis- ciplined.

The 2.000 men to be furnished by the Netherlands, shall be immediately placed at the disposal of the Military Governor of the Fortress of Luxemburg, whenever he shall require it of the General in the service of the Netherlands, commanding in the Grand Duchy of Luxemburg, who shall at all times be prepared with a conditional order to carry this measure into effect.

Repairs of Fortif cations.

Art. XIII. The thorough repairs of the Fortifications shall be commenced without loss of time; and the Governments of Prussia and the Netherlands engage to complete them during the time fixed by the Treaty of Paris of the 20th of November, 1815 (No. 40), for the occupation of a part of France by the Allied army. After this re-establishment, a regular plan shall be drawn out for keeping the Fortifications in repair ; and the works determined upon by this plan, and approved of by the two Governments, shall be executed under the direction of the Governor, assisted by the Commissioner of His Majesty the King of the Netherlands, Grand Duke of Luxemburg.

Funds to he entrusted to a Mixed Commission, The necessary funds for these alterations shall be entrusted to a Mixed Commission placed under the direction of the

493

8 NOV., 1816.] PRUSSIA ASD NETHERLANDS. [No. 64

[Luxemburg, &c]

Governor. The same Commission shall also give receipts for the sums expended on these alterations, which, at the closing of the Accounts of each year, shall be inspected by a Prussian and a Dutch Officer.

Supply of Provisions and Hospital Stores.

Art. XIV. A supply of Provisions and Hospital Stores shall be provided, sufficient for a garrison of 10,000 men for one year : but taking into consideration the period of the occupation of a part of France, and to render the expence of such necessaries less burthensome by dividing it, it is limited for the present to a supply for 6,000 men ; which supply shall be increased each suc- cessive year, by sufficient Provisions and Hospital Stores for an additional thousand men, so that at the end of four years the supplies for 10,000 men shall be completed.

Military Stores in time of War.

The supply of military stores of every kind, in time of War, shall be proportioned to the size of the Fortress and to the number of the Garrison.

Creation of a Fund of Endowment.

Art. XV. To the end that the service of the Fortress may suffer no interruption from a want of the necessary means, a Fund of Endowment shall be created, to be furnished annually, over which an exact superintendence shall be established, so that at the end of every year an account may be rendered to the two Governments. The Salaries of the Inspectors of the magazines and of the ramparts, and of other agents who do not strictly belong to the Garrison, but to the Fortress, shall be also paid out of this Fund, which shall likewise cover as wTell the office expenses as others of that nature.

Maintenance of Fortress of Luxemburg to be settled by the Diet of

the Germanic Confederation.

Art. XVI. Luxemburg being a Fortress of the Germanic Con- federation, it consequently cannot be expected that the Govern- ments of Prussia and the Netherlands should be obliged to main- tain that, exclusively at their own charge, which is intended for the common defence : the question of its Maintenance, under the modifications specified in the preceding Articles, is therefore expressly reserved for the discussions of the Diet.

till

No. 64] PRUSSIA AND NETHERLANDS. [8 Nov., 1816.

[Luxemburg1, &c]

Custom Houses not to be interrupted by Passage of Troops.

Art. XVII. The service of the respective Custom-Houses shall not be interrupted or molested by the passage of Troops. Clothing, equipments and other necessary articles, for the Prussian garrison of the Fortress of Luxemburg', or belonging to Troops on their march, shall be free from all import or export duties ; but it must be duly verified by the competent Authorities, that such Articles are intended for the use or are the property of the said troops.

Letters for Prussian Garrison free of Postage. Freedom from

Turnpike Dues.

Art. XVIII. The Letters of the Prussian part of the garrison shall pass free of postage by the way of Treves and Sarrebruck. With respect to Turnpike Dues on the roads of the Grand Duchy of Luxemburg, which dues belong to the State and are not corporate or private property, the Prussian troops belonging to the garrison of the Fortress shall enjoy the same advantages as those of the Netherlands, and shall always, within four leagues of the Fortress, be considered as on service, when in uniform.

Military Roads.

Art. XIX. The High Contracting Parties reserve the right to conclude forthwith, or at latest within three months from the day of the Ratification of the present Treaty, a separate Convention relative to the Military Roads through their respective States. It is provisional^ agreed that, in the mean time, Prussian troops passing to or from the Fortress of Luxemburg, as well as those belonging to, or destined for, the Corps d'Armce stationed in France, shall take the present military road from Grevemacheni to Luxemburg, and from thence towards the frontiers of France ; and that the Swiss and German recruits, intended for the battalions in the pay of the Kingdom of the Netherlands, shall take the Coblentz road to Liege and Maestricht.

^o*

Supplies to troops pasting to or from Fortress of Luxemburg.

Everything which, relates to the price and to the payment of the Supplies furnished to these Troops, shall be subsequently regulated by conditions in the future Treaty, which in this respect shall have a retrospective effect.

495

8 Nov., 1816.] PRUSSIA AND NETHERLANDS; | No. 64

[Luxemburg-, &c]

Confirmation of Treaties ofSlsl May and 9th June, 1815.

Aiit. XX. The Treaty concluded with His Majesty the King of the Netherlands, Grand Duke of Luxemburg, at Vienna, the 31st of May, 1815 (No. 22), as well as all the Articles of the Act of the Congress of Vienna of the 9th of June, 1815 (No. 27), which affect the interests of His said Majesty, or which have been stipulated with Him, are confirmed in all the points and stipulations which have not been expressly changed by the pre- sent Convention.

Ratifications.

Akt. XXI. The present Convention shall be ratified, and the Acts of Ratification exchanged within the space of two months, or sooner if practicable.

In testimony whereof the respective Plenipotentiaries have hereunto affixed their Hands and Seals.

Done at Frankfort on the Mayne, this 8th day of November, in the year of Our Lord, 1816.

(L.S.) LE BARON DE HUMBOLDT. (L.S.) LE BARON DE GAGERN.

Annex. — Protocol of Conference of 21st November, 1815. f.sv No. 49. >

4VG

No. 65] GREAT BRITAIN AND NETHERLANDS. [16 Nov., 1816.

[Luxemburg1, &c]

No. 65. — TREATY between Great Britain and the Nether- lands respecting Luxemburg, SfC. Signed at Frankfort, 16th November, 181 G.

[This Treaty formed Annex V. to the General Treaty of Frankfort

of 20th July, 1819.]

Art. Tabls.

Preamble. Reference to Treaty of 20tli November, 1815.

1. Sovereignty of the Netherlands over Belgic Provinces of the Bishopric of

Liege and the Duchy of Bouillon. Boundaries. Fortresses of PMlippeville and Marienburg.

2. French Pecuniary Indemnity. Part of Indemnity to he employed for

Defence of Frontiers.

3. Relinquishment of Claim to Indemnification under Treaty of 20th Nov.

1815. Indemnity to he divided between Austria and Prussia.

4. Fortress of Luxemburg to be a Fortress of the Germanic Confederation.

5. Prussia to appoint Governor and Commandant of Fortress of Luxemburg.

Composition of Garrison. G. Civil Government over City and Fortress of Luxemburg vested in King of Netherlands.

7. Confirmation of Treaties of 1815.

8. Ratifications.

(Translation as laid before Parliament.*) In the Name of the Most Holy and Undivided Trinity. Preamble. Reference to Treaty of 20th November, 1815.

His Majesty the King" of the United Kingdom of Great Britain and Ireland, and His Majesty the King- of the Nether- lands, Grand Duke of Luxemburg, desiring, in common with their Majesties the Emperor of Austria, the Emperor of all the Russias, and the King of Prussia,! to give effect, by a Particular Treaty, to the Articles and Stipulations of the Treaty of Peace, concluded at Paris the 20th day of November, 1815 (No. 40), as well those relating to the Kingdom of the Netherlands as those which (•(nicer]) the Grand Duchy of Luxemburg', and to consolidate the Arrangements therefrom arising, have nominated for the above purpose the following Plenipotentiaries, viz. :

His Majesty the King of the United Kingdom of Great Britain and Ireland, the Right Honourable Richard Le Poer Trench, Earl of Clancarty, Viscount Dunlo, Baron Kilconnel, Baron

* For French version, see " State Papers," vol. vii., p. 48.

t See Treaties, 8th November, 1816 ; 12th March, 1817; and 17th April,

1817.

407 2 k

16 Nov., 1816.] GREAT BRITAIN AND NETHERLANDS. [No. 65

[laixemTrarg-, &c]

Trench of Garbally in the United Kingdom of Great Britain and Ireland, Member of the Most Honourable Privy Council of Groat Britain, and also of that of Ireland, President of the Committee of the former for the Affairs of Trade and Plantations, Colonel of the County of Galway Regiment of Militia, Ambassador Extra- ordinary and Plenipotentiary to His Majesty the King of the Netherlands, &c.;

And His Majesty the King of the Netherlands, Grand Duke of Luxemburg, the Sieur Hans Christopher Ernest Baron de Gagern, His Envoy Extraordinary and Minister Plenipotentiary to the German Diet, and to the Free Town of Frankfort, &c.

Who, after having- exchanged their Full Powers, found in good and due form, have agreed upon, concluded, and signed the follow- ing Articles : —

Sovereignty of the Netherlands over Belgic Provinces <>f the Bishopric of Liege and the Due//// of Bouillon. l<ort?*esses oj Philippeville and Marienburg.

Art. I. His Majesty the King of the Netherlands, (hand Duke of Luxemburg, shall possess for Himself, His Descendants and Successors in full Property and Sovereignty, all the district-' which, having made part of the Belgic Provinces of the Bishopric of Liege, and of the Duchy of Bouillon, in 1790, were ceded by France to the Allied Powers by the Treaty concluded at Paris the 20th day of November, 1815 (No. 40). as well as the territories enclosed {enclaves) with the Fortresses of Philippeville and Marien- burg ceded by the same Treaty.

Boundaries.

In consequence of this determination, the Boundaries of the States of His Majesty the King of the Netherlands, Grand Duke of Luxemburg, and those of France, beginning from the North Sea, shall remain as they were fixed by the Treaty of Paris of the 30th day of May, 1814 (No. 1), as far as opposite Quievrain.

From Quievrain the Line of Demarcation shall follow the ancient external Boundaries of Belgium, of the former Bishopric of Liege, and of the Duchy of Bouillon, as far as Tillers, near Orval, as they were in 1790, taking in the whole of those (' tries, and especially the Fortresses and Territories of Philippeville and Marienburg, in conformity with the Stipulations of Article I. of the said Treaty v{' the 20th day of November, 1815 (No. 40), and

498

No. 65] GREAT BRITAIN AND NETHERLANDS. [16 Nov., 1816.

[Luxemburg, fee]

without otherwise changing the Boundaries of the Kingdom of the Netherlands, and of the Grand Duchy of Luxemburg, which .shall remain the same as they were fixed by the Treaty of Vienna of the 31st day of May, 1815 (No. 22), which Treaty is in all other respects fully confirmed.

French Pecuniary Indemnity. Airr. II. A part of the Pecuniary Indemnifications which His Most Christian Majesty has agreed to pay, by Article IV. of the Treaty of Paris of the 20th of November, 1815 (No. 40), being in virtue of the Arrangement agreed upon at Paris, between the Allied Powers, intended to defray the expense of strengthening the Line of Defence of the States bordering on France, His Majesty the King of the Netherlands, Grand Duke of Luxemburg, shall receive for this purpose the sum of 60,000,000 francs.

Pari of Indemnity to be employed for Defence of Frontiers.

Ilis Majesty the King of the Netherlands, Grand Duke of Luxemburg, engages to employ that sum on the works necessary for the Defence of the Frontiers of His States, in conformity with the system adopted, and according to the conceit agreed upon on this subject between the Allied Powers, by the Protocol of the Conference of their Ministers of the 21st clay of November, 181 5T hereunto annexed (No. 49), and which shall have the same force and validity as if it were inserted word for word in the present Treaty.

Relinquishment of Claim to Indemnification under Treaty of 20th

November, 1815.

Art. III. His Majesty the King of the Netherlands, Grand Duke of Luxemburg, justly appreciating the advantages which result from the preceding arrangements, as well in respect to the extension of His territory, as to its means of defence, gives up, in reference to the sums stipulated in Article IV. of the Treaty of Paris of the 20th November, 1815 (No. 40), the share which His Majesty might claim under the head of Indemnifications, and which was fixed by the Protocol of the Conference of the 21st of November, 1815, at the sum of 21,264,832 fr. 221 c.

Indemnity to be divided between Austria and Prussia. Ilis Majesty agrees that this share shall serve to complete the Indemnifications to Austria and Prussia, and be divided in equal proportions between those Powers.

491) 2 k 2

16 NOV., 1816.] GREAT BRITAIN AND NETHERLANDS. [No. 65

[Luxemburg-, &c]

Fortress of Luxemburg to be a Fortress of the Germanic Con- federation.

Art. IV. Article III. of the Treaty concluded at Vienna the 31st May, 1815 (No. 22). and Article LXVII. of the Act of

the Congress of Vienna, having- stipulated that the Fortress of Luxemburg- should be considered as a Fortress of the Germanic Confederation, this arrangement is maintained and expressly con- firmed by the present Convention.

Prussia to appoint Governor and Commandant of Fortress of Luxemburg. Composition of Garrison.

Art. V. His Majesty the King of the Netherlands, Grand Duke of Luxemburg, concedes to His Majesty the King of Prussia the right of naming the Governor and the Commandant of that Fortress, and agrees that the Garrison in general, as veil as each particular description of force, shall be composed of three- fourths Prussian troops and one-fourth Belgic troops (Troupes des Pays-Bos) ; thus relinquishing the light of appointment which Article LXVIL of the Act of the Congress of Vienna secured to His Majesty ; but in such wise that this arrangement, made solely upon military grounds, shall in no respect affect the rights of Sovereignty of His Majesty the King of the Netherlands, Grand Duke of Luxemburg, over the Town and Fortress of Luxemburg.

Civil Government ever City and Fortress of Luxemburg vested in

King of Xetiicrlands.

Art. VI. The right of Sovereignty belonging in all its plenitude to His Majesty the King of the Netherlands, Grand Duke of Luxemburg, over the City and Fortress of Luxemburg, as well as throughout the whole of the Grand Duchy, the adminis- tration of Justice, the collection of Duties and Taxes of every description, as well as every other branch of the Civil Adminis- tration, shall remain exclusively in the hands of those employed by His Majesty.

Confirmation of Treaties o/"1815.

Art. VII. The Treaty concluded with His Majesty the King of the Netherlands, Grand Duke of Luxemburg, at Vienna, the :3!st day of May, 1815 (No. 22), as well as all the Articles of the

500

No. 65] GREAT BRITAIN AND NETHERLANDS. [16 Nov., 1816.

[Luxemburg-, &c]

Act of the Congress of Vienna of the 9th of June, 1815 (No. 27), which concern His Majesty's interests, or which have been stipu- lated with Him are confirmed in all the points and arrangements which are not expressly changed by the present Convention, or by that concluded between His Majesty the King of Prussia and His said Majesty the King of the Netherlands, Grand Duke of Luxemburg, the 8th day of November, 181G (No. 64).

Ratifications.

Art. VIII. The present Convention shall be ratified, and the Acts of Ratification shall be exchanged within the space of 3 months, or sooner if practicable.

In testimony whereof, the respective Plenipotentiaries have signed it, and have thereunto affixed the Seal of their Arms.

Done at Frankfort on the Mayne, this 16th day of November, in the Year of our Lord, 1816.

(L.S.) CLANCAPTY.

(L.S.) LE BARON DE GAGERN.

Annex. — Protocol of Conference of 21st November, 1815. {See No. 49.)

301

4 Feb,, 1817.] hanover and oldenburg. rNo. 66

[Territorial.]

No. 66.— TERRITORIAL CONVENTION between His Britannic Majesty, King of Hanover, and the Bake of Oldenburg. Signed at Bremen, 4th February, 1817-

Art. Table.

Preamble. Reference to Vienna Congress Treaty of 9th June, 1815.

1. Arrangement as to Oohlensledt and TwistHngen.

2. Arrangement as to Daunne and Neuenlcirchen.

3. Allotment of the District with 5,000 Inhabitants.

4. Further Indemnification for Twistringen.

5. Sovereignty Boundary in the Parish of Goldenstedl.

6. Boundary in the Parishes of Damme and Nenenkirclten.

7. Drainage at the Boundaries.

8. Stipulation as to other Disputed Boundaries.

9. National Debts.

10. Local Officials.

11. Soldiers.

12. Pensions.

13. Settlement of Boundary between Sovereign and Possessional Rights.

14. Boundary of the Domains and Possessional Eights ceded in Art. III.

15. Delivery of the Lists of Domains and Possessions.

16. Future exchange of the reserved Domains and Possessional Eights.

17. Commencement of the Ceded Levies.

18. Secularised Ecclesiastical Properly.

19. Management of Possessional Revenues.

20. Money Standard.

21. Assurance of Private Property beyond the Sovereignty Boundary

generally.

22. Abolition of Bondage in Oldenburg.

23. Appurtenances beyond the Sovereignty Boundary.

24. Exchanges.

25. Exemption from Export and Import Duties.

26. Restriction of the Oldenburg Mill-prohibition.

27. Judicature.

28. Pledges.

29. Pending proceedings.

30. Undivided Marks.

81. Parochial and Communal Debts-

32. Insurance Fund.

33. Road improvements.

34. Ecclesiastical affairs.

35. Parochial and School Association. 36.. Poor Fund.

37. Delivery of Archives.

38. Ratification of the arrangements.

502

No. 66] HANOVEE AND OLDEXEEEG. [4 Feb., 1817.

[Territorial.]

(Translation.)

Preamble. Reference to Vienna Congress Trent*/ of'Qth Ju ne, 1815.

Whereas, in Art. XXXI. cf the Vienna Congress Act of 9th

June, 1815, it was stipulated that a territorial district of 5,000 inhabitants should be ceded by Hanover to Oldenburg-, and an arrangement has been made between the two States, that on occasion of this Cession a Rectification of the Possessions in the parishes of Daunne, Neuenkirchen, Goldenstedt, and Twistringen, and other matters connected therewith, should take place by means of a Joint Commission; Commissioners have therefore iieen appointed for the said purpose :

On the part of Hanover, Charles William Augustus Baron Vi m Stralenheim, and John Frederick Albert von Duve ;

On the part of Oldenburg, Dr. Christian Levis Runde, and Governor John Christian Tenge ; who have agreed as follows : —

Arts. I. to XXXVIII. (See Table.)

Bremen, 4th February, 1817.

0. W. A. STRALENHEIM,

VOX DUVE.

RUNDE.

TENGE.

503

12 March, 1817.] AUSTEIA, &c, AND NETHERLANDS. [No. 67

[Luxemburg, &c]

No. 67. — TREATY between Austria, Prussia, Russia, and Hie Netherlandss respecting Luxemburg, ^c. Signed al Frauk/ort, 12th March, 1S17.

[This Treaty formed Annex VI. to General Treaty of Frankfort

of 20th July, 181'J.]

Art. Table.

Preamble. Reference to Treaty of 20th November, 1815.

1. Sovereignty of the Netherlands over the Belgic Provinces of the Bishopric

of Liege and the Duchy of Bouillon. Boundaries. Fortresses of Philipp eville and Marienburg.

2. Pecuniary Indemnity. Indemnity to be employed for Defence of Frontiers.

3. Relinquishment of Claim to Indemnification under Treaty of 20th Nov.

1815. Indemnity to he divided between Austria and Prussia. 1. Fortress of Luxemburg to be a Fortress of the Germanic Confederation. 5. Prussia to appoint Governor and Commandant of Fortress of Luxemburg.

Composition of Garrison. G. Civil Government over City and Fortress of Luxemburg vested in King

of Netherlands.

7. Maintenance of Fortress of Luxemburg to be decided by Diet of

Germanic Confederation.

8. Treaty of 31st May 1815 confirmed.

9. Ratifications.

(Translation as laid before Parliament.*) In the Name of the Most Holy and Undivided Trinity.

Preamble. Reference to Treaty of '20th November, 1815.

His Imperial and Royal Apostolic Majesty and His Majesty the King of the Netherlands, Grand Duke of Luxemburg-, desiring, in concert with their Majesties the Emperor of all the Russias, the King of the United Kingdom of Great Britain and Ireland, and the King of Prussia,| to give effect by a Separate Treaty to the Stipu- lations of the Treaty of Peace, concluded at Paris the 20th November, 1815 (No. 40), as well those which regard the Kingdom of the Netherlands, as those which concern the Grand Duchy of Luxemburg, and to consolidate (lie arrangements arising there- from, have appointed Plenipotentiaries, to concert, determine, and sign every thing that relates thereto, viz:

His Imperial and Royal Apostolic Majesty, the Sieur John

* For French version, see "State Papers," vol. vii., p. 51. t See Treaties of 8th November, 1816; 16th November, 1816; and 17th April, 1817.

504

No. 67J AUSTRIA, &c, AND NETHERLANDS. [12 March, 1817.

[Luxemburg1. &c]

Philip Baron tie Wessenberg, Chamberlain and Privy Councillor of His said Imperial and Royal Apostolic Majesty, &c.

And His Majesty the King of the Netherlands, Grand Duke of Luxemburg-, the Sieur John Christopher Ernest Baron de Gagern, His Envoy Extraordinary and Minister Plenipotentiary at the Germanic Diet, and at the Fiee City of Frankfort, &c.

Who, after having exchanged their Full Powers and found them in good and due form, haA-e signed the following Articles, viz :

Sovereignty of the Netherlands over the Belgic Provinces, of the Bishopric of Liege and the Duchy of Bouillon . Boundaries.

Art. I. His Majesty the King of the Netherlands, Grand Duke of Luxemburg, shall possess for IJimself, His Descendants and Successors, in full Sovereignty and Property, all those Districts "which, having in 1790 formed part of the Belgic Provinces, of the Bishopric of Liege, and of the Duchy of Bouillon, were ceded by France to the Allied Powers, by the Treaty concluded at Paris the 20th November, 1815 (No. 40), as well as the enclosed Territories (enclaves) of Philippeville and Marienburg, with the Fortresses of that name ceded by the same Treaty.

In consequence of this arrangement the boundaries of the States of His Majesty the King of the Netherlands, Grand Duke of Luxemburg, and those of France shall remain as they were fixed by the Treaty of Peace of Paris of the 30th of May, 1814 (No. 1), from the North Sea as far as opposite Quievrain.

Fortresses of Philippeville and Marienburg.

From Qnievrain the line of demarcation shall follow the ancient limits of the Belgic Provinces, of the former Bishopric of Liege and Duchy of Bouillon, as far as Villers, near Orval, as the}- were in 1790, including therein the whole of these countries, with the Fortresses and Territories of Philippeville and Marienburg, con- formably to the stipulations of Article I. of the said Treaty of the 20th of November, 1815 (No. 40).

Upon all the other points the Boundaries of the Kingdom of the Netherlands and of the Grand Duchy of Luxemburg shall be preserved, as they were fixed by the Treaty of Vienna of the 31st of May, 1815 (No. 22).

Pecuniary Indemnity. Art. II. A part of the pecuniary Indemnifications which His Most Christian Majesty has engaged to pay, according to Article IV. of the Treaty of Paris of the 20th of November, 1815 (No. 40),

505

12 March, 1817.] AUSTRIA, &c, AND NETHERLANDS. [Ko. G7

[Luxemburg', &c]

being destined, in virtue of the Arrangements made at Paris bc-

'tween the Allied Powers, to strengthen the line of Defence of the States which border upon France, His Majesty the King of the Netherlands, Grand Duke of Luxemburg, shall receive for that purpose the sum of 60,000,000 francs.

Indemnity to be employed for Defend- of Frontiers.

His Majesty the King of the Netherlands, Grand Duke of Luxemburg, undertakes to employ this sum in the works necessary for the defence of the frontiers of His States, conformably to the system adopted by the Allied Powers, and inserted in the Protoc< I of the Conference of their Ministers of the 21st of November, 1815. This Protocol is annexed to the present Treaty (No. 49) and shall have the same force and validity as if it were inserted therein word for word.

Relinquishment of Claim to Indemnification under Treaty of 20th

November, 1815.

Art. III. His Majesty the King of the Netherlands, Grand Duke of Luxemburg, justly appreciating the advantages which result from the proceeding arrangements, both as they regard the extention of His territory and its means of defence, gives up, in reference to the sums stipulated in Article IV. of the Treaty of Paris of the 20th of November, 1815 (No. 40), the share which His Majesty might have laid claim to, under the head of Indem- nifications, and which was fixed by the Protocol of the Con- ference of the 21st of November, 1815, at 21,264,832 fr. 22^ c.

Indemnity to be divided bt tw* en Austria and Prussia.

His Majesty agrees that this share shall serve to complete the Indemnifications to Austria and Prussia, and shall be divided in equal proportions between those two Powers.

Fortress of Luxemburg to be a Fortress of the Germanic Con- federation.

Art. IV. Article III. of the Treaty concluded at Vienna the 31st of May, 1815 (No. 22), and Article LXVII. of the Act of the Congress of Vienna (No. 27), having stipulated that the Fortress of Luxemburg shall be considered as a Fortress of the Germanic Confederation, that Stipulation is maintained and ex- pressly confirmed by the present Convention.

506

No. 67] AUSTRIA, 4c, AND NETHERLANDS. [12 March, 1817.

[I/uxemburg-, &c]

Prussia to appoint Governor and Commandant of Fortress of

Luxemburg. Composition of Garrison.

Art. V. His Majesty the King- of the Netherlands, Grand Duke of Luxemburg-, concedes to His Majesty the King of Prussia the right of appointing the Governor and the Commandant of that Portress, and agrees that the garrison in general, as well as each particular description of force, shall be composed of three-fourths Prussian and one-fourth Belgic troops {Troupes des Pays-Bets'); thus relinquishing the right of appointment secured to His Majesty by Article LXVII. of the Act of the Congress of Vienna (No. 27), without, however, this arrangement, which is solely of a military nature, affecting in any respect the right of Sovereignty of His Majesty the King of the Netherlands, Grand Duke of Luxemburg, over the city and Fortress of Luxemburg.

Civil Government over City and Fortress of Luxemburg vested in

King of Netherlands.

Art. VI. The right of Sovereignty belonging in its fullest extent to His Majesty the King of the Netherlands, Grand Duke of Luxemburg, over the city and Fortress of Luxemburg, as well as throughout the whole of the Grand Duchy, the Administration of Justice, the collection of Duties and Taxes of every description, as well as every other branch of the Civil Administration, shall remain exclusively in the hands of His Majesty's Agents.

Maintenance of Fortress of Luxemburg to be decided by Diet of C,i rmanic Confederation.

Art. VII. Luxemburg being a Fortress of the Germanic Con- federation, it consequently cannot be considered thai (lie Govern- ments of Prussia and the Netherlands are obliged to maintain it exclusively at their charge, and the question of its maintenance is therefore reserved for the discussions of the Diet.

Treaty of 31st May, 1815, confirmed.

Art. VIII. The Treaty concluded between His Imperial and Royal Apostolic Majesty and His Majesty the King of the Netherlands, at Vienna, the 31st of May, 1815 (No. 22), is con- firmed in all such of its stipulations as have not been changed or modified by the clauses of the present Treaty.

507

12 March, 1817.] AUSTRIA, &c, AND NETHERLANDS. [No. 67

[Luxemburg, &c]

Ratifications.

Art. TX. The present Treaty shall be ratified and the Ratifica- tions exchanged within the space of three months, or sooner if possible.

In testimony whereof the Plenipotentiaries have hereunto affixed their Hands and Seals.

Done at Frankfort on the Mayne, the 12th of March, 1817.

(L.S.) WE8SENBERG. (L.S.) GAGERN.

Annex. — Protocol of Conference of 21st November, 1815. (See No. 49.)

508

No. 68] PRUSSIA AND HESSE-DARMSTADT. [12 March, 1817.

[Wittgenstein.]

No. 68.— TERRITORIAL CONVENTION between Prussia and Hesse-Darmstadt. Signed at Minister, \~2th March, 1817.

Akt. Table.

Preamble. Reference to Treaty of 30th June, 1S1G.

1. Arrears relinquished.

2. Indemnification.

3. Administration Debts.

4. Interest. Claims against France.

5. Expenses already incurred.

6. Fiirstenberg Fund.

7. Private Fund Credits.

8. Deposits.

9. Credits called Succumbenz-moneys.

y Exceptions to Article 1. 11. I l

12. Pious Foundations.

13. Personal Pension.

14. Arrears of the Counties of Wittgenstein*

15. Exceptions.*

16. Debts of the said Counties.*

17. Insurance Fund.

18. Civil Officers' Widows' Fund at Amsberg. 19- Pensions.

20. Foresters' Widows' Fund.

21. Hessian Widows' Fund.

22. Counter Stipulations.

23. Sub-officers' and Soldiers' Widows.

24. Liquidation.

25. Mode of Payment.

26. Ratification.

(Translation. f)

Preamble. Beference to Treat// of'dOtli June, 181 G.

Whereas the undersigned Royal Prussian and Grand Ducal Hessian Plenipotentiaries were charged with the Final Execution of the State Treaty of 30th June, 181 G (No. 58), whereby His Royal Highness the Grand Puke of Hesse ceded to the Crown of Prussia the Duchy of Westphalia and the Sovereignty and feudal supremacy over the Counties of Wittgenstein-Wittgenstein and Wittgenstein-Berleburg, and various obstacles having arisen

* See Supplemeutary Convention of 9th July, 1817. t For German version, see " State Papers," vol. iii., p. 823.

509

12 March, 1817.] PRUSSIA AND HESSE-DARMSTADT. [No. 68

[Wittgenstein. }

which could not be removed by the written negotiations hitherto carried on ; and whereas, especial^, the exact discovery and collection of the Cameral Arrears reserved on the Grand Ducal Hessian side in that State Treaty, would still require a special Grand Ducal Administration in the Duchy of Westphalia for a long time, thus increasing the collisions hitherto often occurring between that Administration and the Royal Prussian authorities about the respective usage of the documents and accounts in these matters, and the definitive fulfilment of the State Treaty would be still the more deferred ; whereas, finally, the enforce- ment of those Arrears according to Treaty would cause the ruin of many debtors, now Prussian subjects, therefore the under- signed Plenipotentiaries have considered it advantageous to both States to enter into a Convention for the removal of all these obstacles and difficulties, and the prompt arrangement of all points of difference hitherto under negotiation. With this view, the undersigned Plenipotentiaries on both sides have, in the oral Conference held this day, concluded the following Convention, but with reservation of the sancti< »n of their high Governments. Arts. I. to XXVI. (See Table.)

In witness whereof this Convention is drawn up in duplicate and signed man. prop, by the Plenipotentiaries on both sides. Done at Munster, March 12, 1817.

(L.S ) LUDWIG VON VINCKE.

(L.S.) WILHELM VON KOPP.

(L.S.) GEORG PJIILIPP FRIEDRICII HABERKORX.

510

No. 69] RUSSIA AND NETHERLANDS [17 April, 1817.

[Luxeraburs, &c]

No. 69.— TREATY between Russia and the Netherlands, respecting Luxemburg, fyc. Signed at Frankfort, llt/t April, 1817.

[This Treaty formed Annex VII. to the General Treaty of Frank- fort of 20th July, 1819.]

Akt. Taei/e.

Preamble. Reference to Treaty of 20th November, 1815.

1. Sovereignty of the Netherlands over Belgic Provinces of the Bishopric of

Liege and the Duchy of Bouillon. Boundaries.

2. French Pecuniary Indemnity. Part of Indemnity to be employed for

Defence of Frontiers.

3. Relinquishment of Claim to Indemnification under Treaty of 20th Nov.,

1315. Indemnity to be divided between Austria and Prussia.

4. Fortress of Luxemburg to be a Fortress of the Germanic Confederation.

5. Prussia to appoint Governor and Commandant of Fortress of Luxemburg.

Composition of Garrison.

6. Civil Government over City and Fortress of Luxemburg vested in King

of Netherlands.

7. Confirmation of Treaties of 1S15.

8. Ratifications.

(Translation as laid before Parliament.*) In the Name of the Most Holy and Undivided Trinity. Preamble. Reference to Treaty of 20th November, 1815.

His Majesty the Emperor of all the Russias and His Majesty the King- of the Netherlands, Grand Duke of Luxemburg, mutually desiring1, in concert with His Imperial and Royal Apostolic Majesty, His Majesty the King- of the United Kingdom of Great Britain and Ireland, and His Majesty the King of Prussia,! to give effect, by a Separate Treaty, to the Articles and Stipulations of the Treaty of Peace, concluded at Paris the 20th of November, 1815 (No. 40), as well those which regard the Kingdom of the Netherlands as those which concern the Grand Duchy of Luxem- burg, and to consolidate the arrangements arising therefrom, have appointed the following Plenipotentiaries for that purpose viz. :

His Majesty the Emperor of all the Russias, the Sieur John d*Anstett, His Privy Councillor, Sec.

* For French version, see " .'Mate Papers," vol. vii., p. 54. f Sec Treaties of 8th November, 1816 ; 16th November, 1816; and 12th March, 1817.

oil

17 April, 1817.] RUSSIA AND NETHERLANDS. [No. 69

[Luxemburg, &c]

And His Majesty the King of the Netherlands, Grand Duke ' of Luxemburg, the Sieur Hans Christopher Ernest Baron de Gagern, His Envoy Extraordinary and Minister Plenipotentiary at the Germanic Diet and at the Free City of Frankfort, &c.

Who, after having exchanged their Full Powers, and found them in good and due form, have agreed to, concluded, and signed the following Articles :

Sovereignty of the Netherlands over Belgic Provinces of the Bishopric of Liege and the Duchy of Bouillon.

Art. I. His Majesty the King of the Netherlands, Grand Duke of Luxemburg, shall possess, for Himself, His Descendants and Successors, in full Property and Sovereignty, all those districts which, having in the year 1790 made a part of the former Belgic territory, of the Bishopric of Liege, and of the Duchy of Bouillon, were ceded by France to the Allied Powers by the Treaty concluded at Paris the 20th of November, 1815 (No. 40), as well as the enclosed (enclave's) territories, with the Fortress of Philippeville and Marienburg ceded by the same Treaty.

Boundaries.

In consequence of this stipulation the boundaries of the States of His Majesty the King of the Netherlands, Grand Duke of Luxemburg, and those of France shall remain as they were fixed by the Treaty of Peace of Paris of the 30th of May, 1814 (No. 1), from the North Sea as far as opposite Quievrain.

From Quievrain the Line of Demarcation shall follow the ancient exterior limits of Belgium, of the former Bishopric of Liege, and of the Duchy of Bouillon, as far as Villers, near Orval, as in 1790, including therein the whole of those countries, and especially the fortresses and territories of Philippeville and Marienburg, conformably to the Stipulations of Article I. of the said Treaty of the 20th of November, 1815 (No. 40), and without otherwise changing the boundaries of the Kingdom of the Netherlands, and of the Grand Duchy of Luxemburg, which shall be preserved as they were fixed by the Treaty of Vienna of the 31st of May, 1815 (No. 22), which in all other points is fully confirmed.

French Pecuniary Indemnity. Art. II. A part of the pecuniary Indemnification which His Most Christian Majesty has engaged to pay, by Article IV. of the Treaty of Paris of the 20th of November, 1815 (No. 40),

512

No. 69] RUSSIA AND NETHERLANDS. [17 April, 1817.

[Luxemburg-, &c]

being destined, in virtue of the Arrangements made at Paris between the Allied Powers, to strengthen the line of defence of the States bordering on France, His Majesty the King of the Netherlands, Grand Duke of Luxemburg, shall receive the sum of 00,000,000 francs for that purpose.

Part of Indemnity to be employed for Defence of Frontiers.

His Majesty the King of the Netherlands, Grand Duke of Luxemburg, undertakes to employ this sum in the necessary works for the defence of the frontiers of His States, conformably to the System adopted and the agreement made by the Allied Powers with regard thereto, in the Protocol of the Conference of their Ministers of the 21st of November, 1815 (No. 49), annexed to the present Treaty, and which shall have the same force and validity as if it were inserted herein word for word.

Relinquishment of Claim to Indemnification wider Treaty of 20th

November, 1815. Art. III. His Majesty the King of the Netherlands, Grand Duke of Luxemburg, justly appreciating the advantages which result from the preceding arrangements, both as they regard the extension of His territory and its means of defence, gives up, in reference to the sums stipulated in Article IV. of the Treaty of Paris of the 20th of November, 1815 (No. 40), the share which His Majesty might lay claim to, under the head of Indemnifications, and which was fixed by the Protocol of the Conference of the 21st of November, 1815, at 21,264,832 fr. 22£c.

Indemnity to be divided between Austria and Prussia.

His Majesty agrees that this share shall serve to complete the Indemnifications to Austria and Prussia, and shall be divided in equal proportions between those two Powers.

'' Fortress of Luxemburg to be a Fortress of the Germanic Con- federation.

Art. IV. Article III. of the Treaty of Vienna of the 31st of May, 1815 (No. 22), and Article LXVII. of the Act of the Con- gress of Vienna (No. 27), having stipulated that the Fortress of Luxemburg shall be considered as a Fortress of the Germanic Confederation, that stipulation is maintained and expressly con- firmed by the present Convention, and the question of its main- tenance is reserved for the discussions of the Diet.

513 2 l

17 April, 1817.] RUSSIA AND NETHERLANDS. [No. 69

[Luxemburg1, &c]

Prussia to appoint Governor and Commandant of Fortress of Luxemburg. Composition of Garrison.

Art. V. IBs Majesty the King of the Netherlands, Grand Duke of Luxemburg, concedes to His Majesty the King of Prussia the right of appointing the Governor and the Com- mandant of that Fortress, and agrees that the garrison in general as well as each particular description of force, shall be composed of three-fourths Prussian troops, and one-fourth Belgic troops ; thus relinquishing the right of appointment secured to His Majesty by Article LXVII. of the Act of the Congress of Vienna (No. 27), without however this arrangement, which is solely of a military nature, affecting in any respect the right of Sovereignty of His Majesty the King of the Netherlands, Grand Duke of Luxemburg, over the City and Fortress of Luxemburg.

Civil Government over City and Fortress of Luxemburg vested in

King of Netherlands.

Art. VI. The right of Sovereignty belonging in all its plenitude to His Majesty the King of the Netherlands, Grand Duke of Luxemburg, over the City and Fortress of Luxemburg, as well as throughout the whole of the Grand Dutchy, the Adminis- tration of Justice, the collection of Duties and Taxes of every description, as well as every other branch of the Civil Adminis- tration, shall remain exclusively in the hands of His Majesty's Agents.

Confirmation of Treaties 0/1815.

Art. VII. The Treaty concluded with His Majesty the King of the Netherlands, Grand Duke of Luxemburg, at Vienna, the 31st of May, 1815 (No. 22), as well as all the Articles of the Act of the Congress of Vienna of the 9th of June, 1815 (No. 27), which concern His Majesty's interests, or which have been stipulated with Him, are confirmed in all the points and arrangements which are not expressly changed by the present Convention, or by that concluded between His Majesty the King of Prussia, and His said Majesty the King of the Netherlands, Grand Duke of Luxemburg, the 8th of November, 1816 (No. 64).

Ratifications.

Art. VIII. The present Convention shall be ratified and the

514

No. 69] EUSSIA AND NETHEELANDS. [17 April, 1817.

[Luxemburg, &c]

Acts of Ratification exchanged within the space of three months,

or sooner if possible.

In testimony whereof the respective Plenipotentiaries have

hereunto affixed their Hands and Seals.

5th Done at Frankfort-on-the-Mayne, the zr~y of April, in the

Year of our Lord, 1817.

(L.S.) D'ANSTETT.

(L.S.) LE BARON DE GAGERN.

Annex. — Protocol of Conference of 21st November, 1815. {See No. 49.)

515 2 l 2

17 May, 1817.] GREAT BRITAIN AND TURKEY. [No. 70

[Parga.]

No. 70.— CONVENTION between British and Turkish Commissioners, respecting the Cession of Par g a to Turkey* Signed at Joannina, 17 th May 1817.

Abt. Table.

Preamble.

1. Terms of Cession of Parga to Turkey to be decided by Commissioners.

2. Indemnity to Inhabitants leaving Parga to be determined by the Com-

missioners.

3. Assistance to be sought for Valuation of Property.

4. British Troops to evacuate Parga on settlement of Indemnity.

(Translation.) The Cession of the Place of Parg-a to the Sublime Porte having been stipulated between the Court of London and the Imperial Court of Constantinople, by the Mediation of his Excellency the Minister of England at Constantinople, the undersigned named Commissioners to arrange definitively the Indemnities to be made to those of its inhabitants who shall have the intention to expatriate themselves for the Property that they must abandon, as also for the expense of their passage to the Ionian Islands ; to wit, John Cartwright, Esq., British Consul in the Morea, on the part of the British Government, and the ci-devant Silihdar Kiatily Hamed Bey, on the part of the Sublime Porte, have agreed to the following Articles :

Terms of Cession of Parga to Turkey to be decided by Com- missioners.

Art. I. The terms of the Cession of the Place of Parga and of its Territory, shall depend on the realization of the Indemnities above-mentioned, due to those inhabitants who shall expatriate themselves ; and the two Commissioners engage themselves to give to the accomplishment of this object all their attention, and to occupy themselves on the subject with zeal and activity.

Indemnity to Inhabitants leaving Parga to be determined by the

Commissioners. Art. II. To this effect, after the signature of the present Convention by the two Commissioners, they shall transport them- selves without delay to Parga, to make a list of those inhabitants

* Ratified by the Sultan of Turkey, 24th April, 1819.

51G

No. 70] GREAT BRITAIN AND TURKEY. [17 May, 1817.

[Parga.]

who shall have determined to quit their country, and fix in an equitable manner the value of the Property they shall abandon, as also the expenses of their voyage to the Ionian Islands.

Assistance to be sought for Valuation of Property.

Art. III. For the purpose of making out this Valuation in a prompt and equitable manner, the undersigned shall take the assistance of some persons accustomed to those matters, whether from the Islands or from the Continent.

British Troops to evacuate Parga on settlement of Indemnity.

Art. IV. When the value of the Property of the Inhabitants who shall expatriate themselves shall have been agreed upon and established by the two Commissioners, as also the expenses of their passage to the Ionian Islands, the undersigned shall agree upon and fix the time when the whole sum shall be paid to the British Commissioners named for this purpose, and after that the said Payment shall have been made, and the departure of the Inhabitants effected, the English Troops shall retire, and the Place and the Territory of Parga shall be delivered to the Com- missioners of the Sublime Porte.

Joannina, 17th May, 1817.

HAMED BEY.

JOHN CARTWRIGIIT.

517

7 June, 1817.] SPAIN. [No. 71

[Accession, Vienna Congress Treaty.]

No. 71.— ACCESSION of the King of Spain to the Vienna Congress Treaty of dth June, 1815. Signed at Paris, 1th June, 1817.

His Catholic Majesty, having been amicably invited by His Majesty the King- of the United Kingdom of Great Britain and Ireland, both in his own name and in that of their Imperial and Royal Majesties the Emperor of Austria, the King of France, His Majesty the King of the Kingdoms of Portugal and Brazil, the King of Prussia, the Emperor of all the Russias, and the King of Sweden and Norway, to accede to the Treaty concluded in conse- quence of the Treaty of Paris of 30th May, 1814 (No. 1), and signed between the Powers above named at the City of Vienna on the 9th of June, in the year 1815 (No. 27), which Treaty has been concluded and signed in eight original copies, all word for word alike, and wholly agreeing amongst themselves, of which seven copies were for each of the seven signatory Powers, and the eighth was deposited in fulfilment of Article CXXI. of that Act, in the Court and State Archives at Vienna, to serve as a common standard, as well for the signatories above mentioned as for the other Powers and States acceding to it.

And his said Catholic Majesty, after having received the com- munication, both of the said common Treaty of the 9th of June and of the Treaties, Conventions, Declarations, Regulations, and other Acts cited in Article CXVIII., and annexed to the said general instrument, being desirous of giving to His Majesty the King of the United Kingdom of Great Britain and Ireland every proof of confidence and of amity which is in His power, has furnished for this purpose with his Full Powers M. Charles Gutierrez, of los Rios, Fernandez, of Cordoba, Sarminto de Soto- Mayor and Count of Fernan-Nufiez and of Barajals, Marquis of Castel Montcayo, Duke of Montellano de l'Arco, and of Arem- berg, Prince of Barbanzon and of the Holy Roman Empire, &c, Five times Grandee of Spain of the First Class, Knight of the Illustrious Order of the Golden Fleece, and Grand Cross of the Order of Charles III., his Gentleman of the Bedchamber in exercise of his functions, his Great Huntsman, Colonel of the Regiment of Hussars of Ferdinand VII., &c, and his Ambassador at the Court of His Most Christian Majesty, to notify in his

518

No. 71] SPAIN. [7 June, 1817.

[Accession, Vienna Congress Treaty.]

name this accession ; who in consequence declares that His Catholic Majesty accedes by the present act to the above-men- tioned Treaties, Conventions, Declarations, Regulations, and other Acts cited in Article CXVIH., all of which Acts are considered to be inserted here word for word, in binding* himself formally and solemnly, both towards His Majesty the King of the United Kingdom of Great Britain and Ireland, as also towards all the other Powers and States, who, whether as signatories or as accessories, have taken part in the engagements of the Act of the Congress to co-operate on his part in the fulfilment of the obligations contained in the said Treaty, in so far as they may concern His Catholic Majesty.

The present Act of Accession shall be ratified within 2 months after the delivery of the Act of Acceptance, and before the expiration of the said period the exchange of the instruments of Ratification of Accessiou on the one part, and of Ratification of Acceptance on the other part, shall be proceeded with, which instruments shall be copied in duplicate, one of the copies to serve as the standard between the accessory and accepting parties, and the other copy to be annexed to the General Treaty of the 9th of June, 1815 (No. 27), deposited at Vienna. In faith of which, we, the Plenipotentiary of His Catholic Majesty, have, in virtue of our Full Powers produced before the Plenipotentiaries of the respective Powers, signed the present Act of Accession, and have affixed the Seal of our Arms.

Done at Paris, the 7th June, in the year of our Lord, 1817.

(L.S.) LE COMTE DE FERNAN-NUNEZ.

DUC DE MONTELLANO.

(L.S.) CIIAS STUART.

BRITISH ACT of Acceptance of the Accession of the King of Spain to the Vienna Congress Treaty of <dth June, 1815. Paris, 1th June, 1817.

As His Catholic Majesty has acceded to the Complementary Treaty of the Treaty of Paris of the 30th of May, 1814 (No. 1), concluded and signed at Vienna on the 9th of June, 1815 (No. 27), by the Act of Accession delivered by M. Charles Gutierrez, &c, Count of Fernan-Nunez, furnished with the Full

519

7 June, 1817.] SPAIN. [No. 71

[Accession, Vienna Congress Treaty.]

Powers of His said Majesty, the tenor of which Act of Acces- sion follows here word for word.

(Here follows the Act of Accession.)

His Majesty the King of the United Kingdom of Great Britain and Ireland has authorised the undersigned Charles Stuart, &c, to accept formally the said Accession, His said Majesty binding himself reciprocally towards His Catholic Majesty to co-operate on his part in the fulfilment of the obligations contained in the said Treaty, and in so far as they may concern His Britannic Majesty.

The present Act of Acceptance shall be ratified within the term of 2 months, and before the expiration of the said term the exchange of the respective instruments of Ratification of the accession and of the acceptance shall be proceeded with, which instruments shall be copied in duplicate, one of the copies to serve as a standard between the accessory and accepting Parties, and the other copy to be annexed to the General Treaty of the 9th of June, deposited at Vienna.

In faith of which we, the Plenipotentiary of His Britannic Majesty, have signed the present Act of Acceptance, and have affixed thereto the Seal of our Anns.

Done at Paris, the 7th of June, in the year of our Lord, 1817.

(L.S.) CHAS. STUART.

020

No. 72] SPAIN. [8 June, 1817.

[Accession, 2nd Peace of Paris.]

No. 72.— ACCESSION of the King of Spain to the Treaties and Conventions of 20th November, 1815. Signed at Paris, 8th June, 181 7.

. (Translation.)

His Catholic Majesty having acceded to the Treaties and Conventions contained in the Final Act of the Congress of Vienna of the 9th June, 1815 (No. 27), by the Act of Accession delivered by the Sieur Charles Gutierrez de los Rios, Fernandez, of Cordoba, Sarminto de Soto-Mayor and Count de Fernan-Nunez and de Barajas, Marquis de Castel Montcayo, Duke de Montebello de l'Arco et d*Aremberg, Prince de Barbanzon and of the Holy Roman Empire, and Five times Grandee of Spain of the First Class, Knight of the Illustrious Order of the Golden Fleece, and Grand Cross of the Order of Charles III., his Gentleman of the Bedchamber in exercise of his functions, his Great Huntsman, Colonel of the Regiment of Hussars of Ferdinand VII., &c, and his Ambassador at the Court of His Most Christian Majesty, in virtue of his Full Powers to that effect ; and His said Majesty having also been invited by His Majesty the King of the United Kingdom of Great Britain and Ireland, to accede to the Definitive Treaty, concluded and signed at Paris on the 20th November, 1815 (No. 40), after having had the said Treaty communicated to him as well as the Conventions annexed thereto, and which form part thereof, having nothing more at heart than to give to His Majesty the King of the United Kingdom of Great Britain and Ireland every proof of confidence and friendship in His power, has furnished for this purpose with his Full Powers the under- signed, his Ambassador at the Court of His Most Christian Majesty, to notify in his name this Accession ; who, in conse- quence, declares that His Catholic Majesty accedes by the present Act to the above-mentioned Treaty and Conventions of the 20th November, 1815 (Nos. 40-46), which Treaty and Conventions are supposed to be inserted here word for word, and engages to conform in every particular with the Stipulations contained therein, as well as to co-operate on his part in the fulfilment of the obligations in so far as they may concern His Catholic Majesty.

The present Act of Accession shall be ratified within 2 months

521

8 June, 1817.] SPAIN. [No. 72

[Accession, 2nd Peace of Paris.]

after the delivery of the Act of Acceptance, and before the expiration of the said period the exchange of the instruments of Ratification of Accession on the one part, and of Ratification of Acceptance on the other, shall be proceeded with.

In faith whereof, we, the Plenipotentiaries of His Catholic Majesty, have, in virtue of our Full Powers, produced before the Plenipotentiaries of the respective Powers, signed the present Act of Accession, and have affixed thereto the Seal of our Anns.

Done at Paris, the 8th June, in the year of our Lord, 1817.

(L.S.) LE COMTE DE FERNAN-NUNEZ.

DOC DE MONTELLANO.

(L.S.) CIIAS. STUART.

BRITISH ACT of Acceptance of the Accession of the King of Spain to the Definitive Treaty of Paris of 20th November, 1815. Paris, 8th June, 1817.

As by the Act delivered and signed on the 8th June, 1817, by the Sieur Charles Gutierrez de los Rios, Fernandez de Cordoba, Sarminto de Soto-Mayor, &c, Count de Fernan-Nunez and Barajas, &c, in the name of His Catholic Majesty, that Sovereign has Acceded to the Definitive Treaty concluded at Paris on the 20th November, 1815 (No. 40), that Act of Accession being word for word as follows.

(Here follows the Act of Accession.)

His Majesty the King of the United Kingdom of Great Britain and Ireland has authorized the undersigned Charles Stuart, &c, to accept formally in His name the said Accession, the undersigned declares in consequence that His said Majesty accepts the present Act of Accession of His Catholic Majesty to the Definitive Treaty signed at Paris on the 20th November, 1815 (No. 40), and binds himself on his part towards His Catholic Majesty to co-operate in the fulfilment of the obligations contained in the said Treaty, in so far as they may concern His said Britannic Majesty.

The present Act of Acceptance shall be ratified, and the Ratifications thereof shall be exchanged with that of the Act of Accession within the term of 3 months, or sooner if possible.

522

No. 72] SPAIN. [8 June, 1817.

[Accession, 2nd Peace of Paris.]

In faith whereof we, the Plenipotentiaries of His Britannic Majesty, have signed the present Act of Acceptance, and have affixed thereto the Seal of our Arms.

Done at Paris, the 8th June, in the year of our Lord, 1817.

(L.S.) CHAS. STUART.

(L.S.) LE COMTE DE FERNAN-NUNEZ.

DUC DE MONTELLANO.

523

10 June, 1817.] GREAT BRITAIN, AUSTRIA, PRUSSIA, &C. [No. 73 [Parma, Placentia, G-uastalla, and Lucca.]

No. 73. — TREATY between Great Britain, Austria, Spain, France, Prussia, and Russia, relative to Parma, Placentia, 8fC* Signed at Paris, 10th June, 1817.

[This Treaty formed Annex VIII. of the General Treaty of Frankfort of 20th July, 1819.]

Akt. Table.

Preamble. Reference to Vienna Congress Treaty of 9th June, 1815 ; and

to Treaty of 20th November, 1815. Parma, Placentia, Guastalla, and Lucca. Cause of delay in Accession of Spain to Vienna Congress Treaty of 9th June 1815, and to Treaty of Paris of 20th November, 1815. Application of Article 99 of former Treaty. Reversion of Duchies after decease of Arch-Duchess Maria Louisa. Accessions of Spain of 7th and 8th June, 1817. Consolida- tion of Peace and good understanding.

1. Confirmation of state of possession of Duchies of Parma, Placentia, and

Guastalla, and of Principality of Lucca as fixed by Congress Treaty.

2. Reversion of Duchies of Parma, Placentia, and Guastalla.

3. Succession to Sovereignty of Duchies of Parma, Placentia, and Guastalla

by H.M. the Infanta of Spain, Maria Louisa, Her son, the Infant Don Cbarles Louis, and His male descendants. Exception of districts within Austrian Dominions on left bank of the Po.

4. Succession of Grand Duke of Tuscany to Principality of Lucca, on decease

of Arch-Duchess Maria Louisa.

5. Garrison of Fortress of Placentia by Austria.

6. Payment by Austria of Rente and Revenue of Lucca to Infanta Maria

Louisa. Arbitration of France in case of difference.

7. Reversion of Duchies in event of extinction of line of Don Charles Louis,

on footing of Treaties of 1748 and 1815.

8. Annexation of Treaty to Supplementary Article of Vienna Congress Treaty.

Ratifications.

(Translation as laid before Parliament.*)

(In the Name of the Most Holy and Undivided Trinity.)

Preamble. Reference to Vienna Congress Treaty of 9th June, 1815 ; and to Treat]/ of 20th November, 1815.

Delay of Accession of Spain to Vienna Congress. Reversion of

Dtichies.

Considering, that the motive which induced His Catholic Majesty to defer His Accession to the Treaty signed at the

* For French version, see " State Papers," vol. iv., p. 75.

524

No. 73] GREAT BRITAIN, AUSTRIA, PRUSSIA, &c. [10 June, 1817.

[Parma, Placentia, Guastalla, and Lucca.]

Congress of Vienna on the 9th of June, 1815 (No. 27), as well as to that of Paris of the 20th of November of the same year (No. 40) was the desire to see established, by the unanimous con- sent of the Powers called thither, the application of Article XCIX. of the said Treaty of the 9th of June, and consequently the Rever- sion of the Duchies of Parma, Placentia, and Guastalla, after the decease of Her Majesty the Arch-Duchess Maria Louisa ;

That the above-mentioned accession was necessary for completing the general assent to the transactions on which the political interests and peace of Europe are principally founded ;

That His Catholic Majesty, convinced of this truth and animated with the same principles as His August Allies, has of His own free will resolved to give His Accession to the said Treaty, in virtue of the solemn Acts signed to that effect on the 7th and 8th of June, 1817 (Nos. 71, 72), and that it has accordingly been judged proper to satisfy at the same time the demands of His Catholic Majesty concerning the Reversion of the said Duchies, in such manner as might still more contribute towards the consolidation of the Peace and good understanding happily re-established and existing in Europe ; their Imperial and Royal Majesties of Austria, of Spain, of France, of Great Britain, of Prussia, and of Russia have appointed to this effect, viz. :

His Majesty the Emperor of Austria, King of Hungary and Bohemia, the Sieur Nicholas Charles Baron de Vincent, His Envoy Extraordinary and Minister Plenipotentiary to His Most Christian Majesty, &c.

His Majesty the King of Spain and of the Indies, the Sieur Charles Gutierrez de los Rios, Fernandez de Cordoba, Sarmiento de Soto-Mayor, Comte de Fernan Nunez, Duke of Montellano, His Ambassador to His Most Christian Majesty, &c.

His Majesty the King of France and Navarre, the Sieur Armand Emanuel du Plessis Richelieu, Duke of Richelieu, His Minister and Secretary of State for Foreign Affairs, and President of the Council of His Ministers, &c.

His Majesty the King of the United Kingdom of Great Britain and Ireland, Sir Charles Stuart, His Ambassador Extra- ordinary and Plenipotentiary to His Most Christian Majesty, &c.

His Majesty the King of Prussia, the Sieur Charles Frederick Henry, Comte de Goltz, His Envoy Extraordinary and Minister Plenipotentiary to His Most Christian Majesty, &c.

525

10 June, 1817.] GREAT BRITAIN, AUSTRIA, PRUSSIA, &c. [No, 73 [Parma, Placentia, Guastalla, and Lucca.]

His Majesty the Emperor of all the Rnssias, King of Poland, the Sieur Charles Andrew Pozzo di Borgo, His Minister Pleni- potentiary to His Most Christian Majesty, &c.

Who, after exchanging their Full Powers, found in good and due form, have agreed on the following Articles : —

Confirmation of State of possession of Duchies of Parma, Placentia, and Guastalla, and of Principality of Lucca as fixed by Congress Treaty.

Art. I. The present state of possession of the Duchies of Parma, Placentia and Guastalla, as well as that of the princi- pality of Lucca, being fixed by the Stipulations of the Act of the Congress of Vienna (No. 27), the dispositions contained in Articles XCIX., CI., and CII. are confirmed and maintained in their full force and validity.

Reversion of Duchies of Parma, Placentia, and Guastalla.

Art. II. The Reversion of the Duchies of Parma, Placentia and Guastalla, referred to in Article XCIX. of the Final Act of the Congress of Vienna (No. 27), is settled in the following manner :

Succcssio7i of Sovereiynty of Duchies of Pa) ma, Placentia, and

Guastalla.

Art. III. The Duchies of Parma, Placentia and Guastalla, shall, after the decease of Her Majesty the Arch-Duchess Maria Louisa, devolve, in full Sovereignty, to Her Majesty the Infanta of Spain, Maria Louisa, to the Infant Don Charles Louis, Her Son, and to His Descendants in the direct male line, with the exception of the districts enclosed (enclaves) within the dominions of His Imperial and Roj^al Apostolic Majesty, on the left bank of the Po, which shall remain in entire Property to His said Majesty, conformably to the restriction laid down in Article XCIX. of the Act of the Congress (No. 27).

Succession of Grand Duke of Tuscany to Lucca. Art. IV. At the same period, the Reversion of the Principality of Lucca, provided for in Article CII. of the Act of the Congress of Vienna (No. 27), shall be carried into effect, on the conditions and according to the provisions of the same Article in favour of His Imperial and Royal Highness the Grand Duke of Tuscany.

52G

No. 73] GREAT BRITAIN, AUSTRIA, PRUSSIA, &c. [10 June, 1817. [Parma, Placentia, Guastalla, and Lucca.]

Garrison of Fortress of Placentia by Austria.

Art. V. Although the frontier of the Austrian States in Italy is fixed by the line of the Po, it is, nevertheless, unanimously agreed, that as the Fortress of Placentia is an object of essential interest to the defensive system of Italy, His Imperial and Royal Apostolic Majesty shall continue to enjoy the pure and simple right of garrison in that city, until the Reversions consequent on the extinction of the Spanish line of the Bourbons shall take place ; while all the Regalities and Civil Rights over the said city shall be reserved to the future Sovereign of Parma. The expence and maintenance of the garrison in the city of Placentia shall be at the charge of Austria, and its force in time of peace shall be amicably settled between the High Parties interested, who shall make it the rule of their conduct to consult as much as possible the convenience of the inhabitants.

Payment by Austria of Rent and Revenue of Lucca to Infanta Maria Louisa. Arbitration of France hi case of difference.

Art. VI. His Imperial and Royal Apostolic Majesty engages to pay to Her Majesty the Infanta Maria Louisa, the arrears due from the 9th of June, 1815, pursuant to the Stipulations of Section 2 of Article CI. of the Act of the Congress (No. 27), and to continue the discharge of them according to the same Stipulations and with the same securities. His Majesty further engages to cause to be paid to Her Majesty the Infanta the amount of the Revenues collected in the Principality of Lucca, since the period in question, up to the moment when Her Majesty the Infanta entered into possession, deducting therefrom the expenses of Administration. The liquidation of these Revenues shall be conducted in an amicable manner between the High Parties interested ; and in the event of any difference of opinion, they shall submit to the arbitration of His Most Christian Majesty.

Reversion of Duchies in event of extinction of Don Charles Louis, on footing of Treaties o/"l748 and 1815.

Art. VII. The Reversion of the Duchies of Parma, Placentia and Guastalla, in the event of the line of the Infant Don Charles Louis becoming extinct, is expressly to remain on the footing agreed upon in the Treaty of Aix-la-Chapelle of 1 748, and in the

527

10 June, 1817.] GREAT BRITAIN, AUSTRIA, PRUSSIA, &c. [No. 73 [Parma, Placentia, G-uastalla, and Lucca.]

Separate Article of the Treaty concluded between Austria and Sardinia the 20th of May, 1815 (No. 19).

Annexation of Treaty to Sujyplemcntary Article of Vienna Congress

Treaty. Ratifications.

Art. VIII. The present Treaty, of which seven copies have been signed, shall be annexed to the Supplementary Article of the general Treaty of the Congress of Vienna (No. 27), and shall be ratified by the High Farties respectively, and the Ratifications of it shall be exchanged at Paris in the space of two months, or sooner if possible.

In testimony whereof, the respective Plenipotentiaries have hereunto affixed their Hands and Seals.

Done at Paris the 10th of June, in the Year of our Lord, 1817.

(L.S.) LE BARON DE VINCENT.

(L.S.) LE COMTE DE FERNAN NUNEZ.

DUC DE MONTELLANO.

(L.S.) RICHELIEU.

(L.S.) CHAS. STUART.

(L.S.) F. COMTE DE GOLTZ.

(L.S.) POZZO DI BORGO.

528

No. 74] PRUSSIA AND HESSE-DARMSTADT. [6 July, 1817.

[Wittgenstein.]

No. 74.— TERRITORIAL CONVENTION between Prussia and Hesse-Darmstadt. Signed at Giessen, tith July, 1817.

Art. Table.

Preamble. Reference to Convention of 12th March, 1817.

1. Pecuniary Renunciations on the part of Hesse.

2. Fixed sum in exchange.

3. Credit against the Bailiwick of Biedenhopf.

4. Information to be furnished.

5. Ratification reserved.

(Translation.*)

Preamble. Reference to Convention of 12th March, 1817.

In the Convention concluded on the 12th of March this year (No. 68), between the Royal Prussian and Grand Ducal Hessian Plenipotentiary Commissioners for transfer and reception, it has been stipulated.

[See Articles XIV., XV., and XVI. of Convention of 12th March, 1817.] .

Therefore the Commissioners on both sides have met at Giessen, on the Royal Prussian side, Government Councillor Westphal, Member of the Royal Government at Arnsberg, on the Grand Ducal Hessian side, Exchequer-Director von Kopp, and after having- shown their Full Powers have come to the following Agreement.

Arts. I. to V. (See Table.)

Done at Giessen, 6th July, 1817.

(L.S.) WESTPHAL.

(L.S.) WILHELM VOX KOPP.

* For German version, see " State Papers," vol. iii., p. 830.

529 2 m

23 Aug., 1817.] FRANCE AXD PORTUGAL. [Tfo. 75

[French Guianr..]

fto. IS.— CONVENTION between France and Portugal, relative to tJie Settlement of the Limits of Guiana. Signed at Pari*, 2Mi August, 1817.

AltT. TABLE.

Reference !o Vienna Congress Treaty of 9tli Jim;', 1S15. 1. Restoration of Trench Guiana to France. -. Appointment of Boundary Commissioners.

3. Restoration of Portresses, &c.

4. Delivery of French Guiana to the French Government.

f>. Portuguese Troops and Civil Functionaries fco be convoyed to Faro ■. Fernambv.co.

(Translation.*)

Reference to Vienna Congress Treaty of Oth Jane, l<Slf>.

Restoration of French < In in na to France. Akt. I. His Most Faithful Majesty, animated by the desire to execute Article CVII. of the Act of the Congress of Vienna (No. 27), engages to restore to ITis Most Christian Majesty, within the delay of three months, or sooner if possible, French Guiana, as far as the River Oyapock, the mouth of which is situated between the 4th and 5th Degree of north latitude, and as far as the 322nd degree of longitude, to the east of the He de Fer, by the parallel of 2 degrees 24 minutes of north latitude.

Appointment of Boundary Commissioners. Airr. II. Immediate steps shall be taken to appoint and send out Commissioners to iix the limits of the French and Portuguese Guianas, in conformity with the precise sense of Article VIII. of the Treaty of Utrecht,! and to the stipulations of the Act of Congress of Vienna (No. 27), the said Commissioners shall ter- minate their labours within the delay of one year at latest from the day. of their meeting in Guiana. If, at the expiration of the term of one year, the said respective Commissioners should not have come to an understanding, the Two High Contracting Parties shall come to some other amicable arrangement, under the mediation of Great Britain, and always in conformity with the precise sense of Article VIII. of the Treaty of Otrecht, concluded under the Guarantee of that Power.

* For French version, see " State Papers," vol. iv, p. 818. t April lltli, 1713. See Appendix.

530

No. 75] FRANCE A\D PORTUGAL, [28 Aug., 1817.

[French Guiana.]

Restoration of Fortresses, cf-c. Art. III. The Fortress, storehouses, and all military stores shall be given up to His Most Christian Majesty according to the Inventory mentioned in Article V. of the Capitulation of French Guiana in 180!).*

Delivery of French Guiana to the French Government.

Art. IV. In accordance with the preceding Articles, the neces- sary Orders to effect the delivery of French Guiana, which Orders are in the p< ►ssession of the undersigned Plenipotentiary of His Most Faithful Majesty, shall, immediately after the signature of the present Convention, be delivered to the French Government, with an Official Letter from the said Plenipotentiary, to which shall be added a copy of the present Convention, and which shall make known to the Portuguese Authorities that they must deliver, within the delay of three days, the said colony to the Commis- sioners appointed by His Most Christian Majesty to retake pos- session of them, to whom they shall present the said Orders.

Portuguese Troops and Civil Functionaries to be conveyed to Paid

and Pernambuco.

Art. V. The French Government undertakes to convey to the Ports of Para and Pernambuco in the ships which shall have con- veyed the French troops to Guiana, the Portuguese garrison of that eoldny, as well as the civil functionaries with all their goods.

Done at Paris, 28th August, 1817.

(L.S.) RICHELIEU.

(L.S.) FRANCOIS JOSEPH MARIE DE BRITO.

Separate Article. All the points on which difficulties might arise in consequence of the restitution of French Guiana, such as the payment of Debts, the recovery of the Revenues, and the reciprocal extradition of Slaves, shall be the object of a Separate Convention between the French and Portuguese Governments.

Done at Paris, 28th August, 1817.

(L.S.) RICHELIEU.

(L.S.) FRANCOIS JOSEPH MARIE DE BRITO.

* 12tli January, 1809.

531 " 2 M 2

7 Nov., 1817.] SARDINIA AND MONACO. [No. 7 6

[Monaco, Mentone, and Roccabruna.]

No. 76. — TREATY between Sardinia and Monaco, relative to the Protection of the Principality of Monaco by His Sardinian Majesty. Signed at Turin, 7th November, 1817.*

Art. Table.

Reference to Treaties of 30th May, 1814, and 20th November, 1815.

1. Garrison of Monaco by Piedmontese Infantry. Prince of Monaco to be

Captain and Governor of Monaco.

2. Lieutenant of the Garrison to be appointed by King of Sardinia.

3. Increase of Garrison of Monaco.

4. Lieutenant and other Piedmontese Officers to take the Oath to Guard

Monaco.

5. Payment of Garrison by Sardinia. Provisions to enter Duty Free.

6. Sovereignty of Prince over Monaco, Mentone, and Jtoccairuna.

7. Coinage of Monaco.

8. Freedom of Intercourse between Sardinia and Monaco. Non-protection

by Monaco of Malefactors and Deserters from Sardinian States.

9. Appointment of Officers by King of Sardinia.

10. Sardinian Protection to the Prince of Monaco, his Family and Estates,

including Mentone and Roccahrnna.

11. Personal Relations of Prince of Monaco towards King of Sardinia

defined.

12. Grant of Pay of 12 Soldiers to Prince of Monaco and his Successors.

13. Confirmation of Ancient Privileges belonging to 3Ionaco.

14. Protection of Port and Town of Monaco. Appointment of a Consul or

Vice-Consul at Monaco. Equality in Payment of Navigation Dues and Sanitary Measures. Sujiply of Water to Sardinian Vessels. Consent of King of Sardinia to Conditions.

(Translation. j-)

ARTICLES OF PROTECTION granted by His Majesty the King of Sardinia to the Principality of Monaco, agreed upon between the Plenipotentiaries of His Majesty, and those of lite Prince of Monaco.

Reference to Treaties of 30th May, 1814, and 20th November, 1815.

Declaration.

It having been settled by the Treaty of Paris of the 20th November, 181.3 (No. 40), that the Relations re-established by the Treaty of the 30th May, 1811 (No. 1) between France and the

* Approved by His Sardinian Majesty, 8th November, 1817. f For French version, see " State Papers," vol. iv., p. 905.

532

No. 76] SAKDINIA AND MONACO. [7 Nov., 1817.

[Monaco, Mentone, and Roccabruna.]

Principality of Monaco, should for ever cease, and that the same Relations should exist between Us and the said Principality ; our well-beloved Cousin, the Prince Onorato of Monaco, has accredited to this our Royal Residence his Son Gabriel Onorato, Duke of Valentinois, duly provided with Full Powers for adapting, in con- cert with the Plenipotentiaries nominated by Us, to the new cir- cumstances of the said Principality, and the position in which it is at present placed, with respect to our Dominions, the provisions of the Original Treaty of Protection agreed upon at Peronne, on the 14th September, 1611,* between France and the Prince Onorato of Monaco.

And We having acceded to the request of the said Duke of Valentinois, Hereditary Prince of Monaco, in conformity with the Articles of Concession, agreed upon as above stated, and accord- ing to what has been by himself proposed, the following Articles have been concluded accordingly : —

Garrison of Monaco by Piedmontese Infantry.

Art. I. There shall be in Monaco a Garrison of half a Batta- lion of Piedmontese Infantry, to guard that Place, to reside therein, and to render every service that may be necessary.

Prince of Monaco to be Captain and Governor of Monaco.

The Prince of Monaco, placed in the same Relations towards His Majesty as those in which he was formerly placed towards France, shall be Captain and Governor for His Majesty of the said Place ; being nominated thereto by Royal Letters Patent, as shall also be his Heirs and Successors in the said Principality after him, with the same authority and powers as are possessed by the Genei'al commanding the other Fortresses of the Royal States, over the Officers and Soldiers. They shall receive the same pay, and enjoy the same advantages, as are received and enjoyed by the other Garrisons of His Majesty's States : the Prince shall give the pass word, and shall possess the ke3's of the Place.

Lieutenant of the Garrison to be appointed by King of Sardinia.

Art. II. There shall be in the said Place a Lieutenant of the Prince, in order to command the Garrison during his absence, to which Post His Majesty has appointed Major-General Luuel ;

* See Appendix. 533

7 Nov., 1817.] SARDINIA AND MONACO. [No. 76

[Monaco, Mentone, and Roccabruna.]

s

and in the event of the Appointment becoming vacant, Hif Majesty and his Successors shall appoint thereto some distin- guished Person, to be approved of by the said Prince.

Increase of Garrison of Monaco, Art. III. If in case of War, or for other reasons, circum- stances should render it necessary for His Majesty to increase the Garrison of Monaco with other P'edmontese Soldiers, these shall always be under the command of the Prince, in his quality of Governor of His Majesty's Troops in that Place.

Lieutenant and other Piedmontese Officers to take the Oath to

guard Monaco.

Art. IV. The Lieutenant and all the other Piedmontese Officers, who enter the Place, shall swear before the Prince Governor, and, in his absence, before the above-named Lieutenant, to guard it faithfully for him and his Successors, under the pro- tection and for the service of His Majesty.

Payment of Garrison by Sardinia. Art. V. His Majest}*- shall maintain at his own cost the said Garrison, which shall be punctually paid, without the said Prince or his Subjects being, upon that account, liable to the least expense. The Officers shall pay for their Quarters, as was done by the French ; and His Majesty shall cause his War Department to indemnify the Prince for the maintenance of the Barracks occupied by the Garrison.

Provisions to enter Duty free. The provisions and other articles sent by His Majesty, for the subsistence of his Troojos, shall be exempt from all entry duties ; proper precautions being taken for the prevention of smuggling.

Sovereignty of Prince over Monaco. Mentone, and EooGabruim.

Art. VI. His Majesty will leave the Prince undisturbed in

his full power and Sovereignty of Monaco. Mentone and Pocca-

bruna* (saving and excepting the conditions in that case made

and provided by the Investiture of the 30th November, 1816),

without the said Garrison or other Parties disturbing the said

Prince, or interfering in whatever belongs to the said Sovereignty

by land or sea, and still less in the government of, or dispensa-

* By the Treaty of 2nd February, 186], Mentone and Koecabruna were ceded to France.

534

No. 76] SARDINIA AND MONACO. [7 NOV., 1817.

[Monaco, Mentone, and Soccabruna.]

tior. of justice over, his people, or in the administration of his revenue; the said Garrison being- only to be employed in guard- ing1 the Place as aforesaid.

Coinage of Monaco. Art. VII. The Coin of His Majesty shall pass current in the Principality of Monaco, the same as in the Royal States.

Freedom, of Intercourse between Sardinia and Monaco. X<ui- Protection by Monaco of Malefactors and Deserters from Sardinian States.

Art. VIII. As the geographical position of the Principality of Monaco, surrounded as it is on every side by His Majesty's .States, must produce relations with those States, far more inti- mate, frequent, and necessary than those which existed with France ; His Majesty is desirous of enabling the Inhabitants < >f the Principality to derive all the advantages which they may reasonably expect from his beneficient protection, by establishing, even in the distribution of his Poyal favours, the least possible difference between them and his own Subjects ; — the said Prince, on his part, so regulating all the Legislation of his Government, that the Poyal and private Rights of His Majesty, in his own States, may not lie in the least degree compromised by such Legislation, — that the Communications may be absolutely free between the two parts of the Poyal States, through or across the said Principality, — and that the latter may never serve as an asylum for Malefactors and Deserters, who may escape from the States of His Majesty.

Appointment of Officers by Kirn/ of Sardinia.

Art. IX. Whenever His Majesty shall think fit to station in the said Place of Monaco. Majors, Adjutants, or other like Officers, such Persons shall be appointed as may be approved of by the Prince, who shall exercise over them the authority belonging to a General commanding a Fortress. The other Officers, as well as the Engineers, the Surgeon,. the Chaplain, and other such Persons, shall l;c chosen and paid by His Majesty. There shall be in the Place 12 Artillerymen, with 1 Officer.

Sardinian Protection to the Prince of Monaco, his Family ud Estates, inchidivg, Mentone and Roccabruna. Art. X. His Majesty, as well as his Royal Successors (whom

7 Nov.; 1817.] SARDINIA AND MONACO. [No. 76

[Monaco, Mentone, and Roccabruna.]

His Majesty obliges so to do by virtue of the present Conven- ■ tion), shall take under their Royal protection and perpetual safe- guard, the said Prince of Monaco, the Duke his Son, the whole of his Family, and all his Subjects, as well as his Towns of Monaco, Mentone, and Roccabruna, together with their Territories, Juris- dictions, and Dependencies, and, in the same manner, all the Heirs and Successors of the said Prince ; and shall always defend them agaiust whomsoever may unjustly be disposed to molest them. He shall maintain the said Prince, in the same liberty and Sovereignty in which he shall find him, and in all his privileges, appertaining both to sea and land, as well as in the jurisdictions belonging to him, of whatsoever kind or description they may be; and he shall likewise cause him to be included in all Treaties of Peace. The said Prince is moreover empowered to erect, in all his Towns and Territories, the Royal Standard, upon the occasion of any molestation from Enemies.

Personal relations of Prince of Monaco towards King of Sardinia

defined. Art. XI. The Prince of Monaco, having represented to His Majesty that Family circumstances render it very difficult for him immediately to place himself and his Children (as it is his firm determination to do), in the same personal relations with His Majesty, as those in which the said Prince and his Pre- decessors were placed with respect to France, His Majesty, con- vinced of the attachment of the said Prince to his August Person and to his Royal House, and of the eagerness with which both he and the Duke his Son will embrace and faithfully act up to the new Italian system, in which, by virtue of the Treaty of the 20th November, 1815 (No. 40), he has been irrevocably included ; and in order to prove his Royal esteem for the said Prince and his Children, defers, until the above-mentioned circumstances shall have ceased to exist, to require the said Prince and his Son to enter into the said relations ; and to grant to them the distinction of his Orders, together with those greater marks of grace and favour, which His Majesty will ever be disposed to confer upon a House, already rendered Illustrious by ancient Investitures, and which has for many Ages been a Dependent upon this Crown.

Gi nut of Pay of 12 Soldiers to Prince of Monaco and his Successors, Hut. XII. His Majesty, moreover, grants to the said Prince*

536

No. 76J SARDINIA AND MONACO. [7 Nov., 1817.

[Monaco, Mentone, and Roccabruna.]

and his Successors the pay of 12 soldiers, to be received at the same time that the Garrison is paid.

Confirmation of Ancient Privileges of Monaco. Art. XIII. His Majesty will confirm to the Princes of Monaco all the privileges formerly granted to them by the Royal House of Savoy, and such as they enjoyed at the period of 1792. '

Protection of Port and Town of Monaco. Art. XIV. His Majesty will give orders to his Marine to protect the Fort and Town of Monaco, in the same manner as the other Ports and Towns of his Dominions.

Appointment of a Consul or a Vice-Consul at Monaco.

And whenever the said Prince shall think fit, there shall also be appointed a Consul or Vice-Consul at Monaco, for duly attend- ing to all the commercial wants of the Inhabitants, as well as of those of the Subjects and of the Vessels of His Majesty, that may arrive on the Coast thereof.

Equality in Payment of Navigation Dues and Sanitary Measures.

There shall be no difference made, in the imposition of the Duties of anchorage and tonnage, between the Subjects of His Majesty and those of the Principality ; and with respect to the Sanitary Laws, the proper Authorities of the Prince shall always concert, with the Officers of Health established at Nice, the necessary measures for the common security.

Supply of Water to Sardinian Vessels.

The Prince shall make the necessary arrangements, in order that the Vessels and Subjects of His Majesty that may arrive in the Port of Monaco may, at all times, be freely and abundantly supplied with wholesome water.

Consent of King of Sardinia to Conditions.

We have consented to the above Conditions, and promise on our Royal Word to observe them, and to cause them to be inviolably and faithfully observed.

In faith of which, we have signed these Presents with our own Hand, and have caused the same to be countersigned by the

-or-

O.J/

7 Nov., 1817.] .SARDINIA AXD MONACO. [No. 76

[Monaco, Mentone, and Roccabnma.]

Count Delia Valle, our First Minister, entrusted with the Port- folio of our Secretaryship of State for Foreign Affairs, and have hereunto affixed the Seal of our Arms.

The above Minute of Declaration has been agreed upon, in order to its being presented for the Royal approbation.

Turin, 7th November, 1817.

THE HEREDITARY PRINCE OF MONACO, DUKE OF VALENTINOIS.

Delle Valle. Moxtiglio.

[Approved by His Majesty the King' of Sardinia, on the 8th <if November, 1817.]

No. 77] PRUSSIA AND RUSSIA. [11 Nov , 1317

[Limits.]

No. 77.— BOUNDARY TREATY between Prussia and Russia. Signed at Berlin, ^h Sorter, 181?'

Art. Table.

Preamble. Reference lo Treaty of - ., — ~ 1815.

old ivitty,

1. Boundary Line between Prussia and Russia, from the Frontier of -Eiasrf

Prussia to Neuhoff, thence to Leibitz and the Village of (Sofa to Silesia

2. Line in Waters, and by Landmarks.

3. Exceptions.

4. Definition of Appurtenances.

5. Enclosures {Enclaves).

6. Contested Cases.

8. > Woods, Pasturage, &c.

9. J

10. Ancient Boundaries.

11. Executive Commission.

12. The River Drewenz.

13. Evacuation of Troops.

14. Delivery of Documents.

15. Recruits.

16. Postal Frontier.

17. Ratification -

' ' j wrote . i Hides.

1. Rights of Prussia over Jemelin.

2. Conditions of Cession of Kirchdorf.

3. Ratification of Separate Articles.

(Translation.)

_ 21st April, _„

Preamble. Reference to Treaty oj Qrd M 181a.

As difficulties' nave arisen in the application of Art. I. of the Treaty concluded at Vienna on the 21st April (3rd May), 1815, the High Contracting Powers have resolved to remove them by a Special Convention, and have appointed as their Plenipotentiaries: His Majesty the King of Prussia, the Prince von Hardenberg ; and His Majesty the Emperor of Russia, Privy Councillor David von Alopeus, and Lieutenant -General Frederick xlugustus d'Auvray, who have agreed as follows:—

Arts I. to XVII., and Separate Arts. I. to III. {See Table.)

30th October, 1Q1_ Berlin, -, ,,, AT -, — 1817.

' llth JSovemoer,

PRINCE VON HARDENBERG. D. ALOPEUS.

P. D'AUVRAY.

• •3 J

18 April, 1818.] RUSSIA AND OLDENBURG. [No. 78

[Jever.]

No. 78.— RUSSIAN PATENT on Cession of the Lord- ship of Jever to Hoktein- Oldenburg. Warsaw, \%th April,

1818.

(Translation.)

We, Alexander I., Emperor and Autocrat of all the Russias, &c, send our most gracious greeting- to all the inhabitants of our Lordship of Jever, and give them to understand ; That We, actuated by special affection for the younger line of Our Princely Family reigning in the Duchy of Oldenburg, have resolved to cede and make over the Lordship of Jever to the present representative of that line, the Duke Peter Frederick Lewis of Ilolstein-Oklenburg ; so that the said Lordship may be reunited under one Government as formerly, and in accordance with the intention of the former ruler Count Anthony Giinther, may remain united for ever.

With this intention we have committed the Administration of the Lordship of Jever to the Duke of Oldenburg ever since the beginning of the year 1814, and now, in consequence thereof, we command all and each of the inhabitants of the Lordship of Jever, the officials and residents in the town and in the country, to recognise, uoav and from henceforward, His Highness the Duke Peter Frederick Lewis of Ilolstein-Oklenburg, his heirs and successors, as their only lawful Sovereign, to swear fidelity as subjects to him, and to show towards him all the obedience which they were bound to show to us, and from which, for our- selves, our heirs and successors, we now release and discharge them for ever.

Warsaw, 18th April, 1818.

Count von Nesseleode. ALEXANDER.

540

No. 79] GREAT BRITAIN, &c, AND FRANCE. [25 April, 1818. [Private Claims on France.]

No. 79.— CONVENTION between Great Britain, Austria, Prussia, Russia, and France, respecting the liquidation of Private Claims on France. Signed at Paris, 25th April,

1818.

Art. Table.

Preamble. Reference to Treaties of 30th May, 1814, and 20th Novem- ber, 1815.

1. Private claims.

2. Claims of France to reimbursement under Treaties of 30th May, 1814,

and 20th November, 1815, abandoned. Claims of the Four Powers under Treaty of 20th November, 1815, cancelled. Free transfer of Inscriptions of Rentes.

3. Deductions from Securities annulled.

4. Sums vested by French Subjects in countries detached from France to be

reimbursed by France.

5. Liberation of France from Debts under Treaties of 30th May, 1814, and

20th November, 1815. G. Mixed Commission under Convention of 20th November, 1815, to close proceedings of Liquidation.

7. Distribution of Rente to be created.

8. Interest on Rentes and Periods of Payment.

9. Delivery of Inscriptions to Royal Treasury of France. Protests or Not ices.

10. Facilities to be afforded by France for verification of Liquidation of Debts.

11. Liquidation of Claims for Military Services.

12. Commissioners to form the medium of communication with Offices aud

Administrations.

13. Payment of Claims in Territories divided between several States. Arbi-

tration in case of difficulties.

14. Ratifications.

15. Accessions.

(Translation as laid before Parliament.*)

Preamble. Reference to Treaties of 30th May, 1814, and 20th

November, 1815.

The Courts of Great Britain, of Austria, of Prussia, and of Russia, Contracting Parties to the Treaty of the 20th November, 1815 (No. 45), considering" that the liquidation of Private Claims upon the French Government, founded upon the Convention con- cluded conformably to Article IX. of the said Treaty, for regu- lating- the execution of the XlXth and following Articles of the Treaty of the 30th May, 1814 (No. 1), had become, by the uncertainty of its duration and result, a source of continually increasing anxiety to the French Nation, and consequently par-

* For French version, see " State Papers," vol. v., p. 179.

541

25 April, 1816.] GREAT BRITAIN, &c, AND FRANCE. [No. 79 [Private Claims on France.]

tieipating in the desire of His Must Christian Majesty to put an cud tol bat uncertainty by an arrangement which should discharge all those claims by a fixed sum ; the said Powers and His Most Christian Majesty have named for their Plenipotentiaries, viz. :

His Majesty the King of the United Kingdom of Great Britain and Ireland : Sir Charles Stuart, one of His Most Honour- able Privy Council, and His Ambassador Extraordinary and Pleni- potentiary to His Most Christian Majesty, &c.

His Majesty the Emperor of Austria, King of Hungary and Bohemia: the Sieur Nicholas Charles Baron de Vincent, His Chamberlain, and Privy Councillor, Lieutenant-General in His Armies, Colonel of a Regiment of Light Horse in His service, His Envoy Extraordinary and Minister Plenipotentiary to His Most Christian Majesty, &c.

His Majesty the King of France and Navarre : the Sieur Armand Emanuel Duplessis Richelieu, Duke of Richelieu, First Gentleman of His Bedchamber, His Minister and Secretary of State for Foreign Affairs, and President of the Council of His Ministers, &c.

His Majesty the King of Prussia : The Sieur Charles Frederic Henry Count de Goltz, Lieutenant-General in His Annies, and His Envoy Extraordinary and Minister Plenipotentiary to His Most Christian Majesty, &c.

His Majesty the Emperor of all the Russias, King of Poland : the Sieur Charles Andre Pozzo di Borgo, Lieutenant-General in His Armies, His Aide-de-Camp General, His Minister Pleni- potentiary to His Most Christian Majesty, &c.

And the undersigned Plenipotentiaries, being of opinion that the concurrence of His Excellency Field-Marshal the Duke of Wellington, would effectually contribute to the success of tins negociation ; after having settled in concert with him, and by the consent of the Parties concerned, the bases of the arrange- ment to be concluded, have agreed, in virtue of their Full Powers, to the following; Articles :

o

Private Claims.

Art. 1. For the purpose of effecting the total discharge of debts contracted by Fiance, in countries which do not form a part of her present Territory, with any individuals, corporations, or establishments whatsoever, payment of which debts is claimed in virtue of the Treaties of the 30th May, 1814 (No. 1), and of the 20th November, 1815 (No. 45), the French Government

542

No. 79] GREAT BBITAO, &c, AND FEAInCE, [25 April, 1818. [Private Claims on France.]

engages to cause to be inscribed upon the Great Book of its Public Debt, with interest from the 22nd of March, 1818, a Rente of 12.0-40,000 francs, representing a capital 240,800,000 of francs.

Claims of France to reimbursement under Treaties oj SOtJi May, 1814, and 20th November, 1815, abandoned.

Art. II. The sums to be reimbursed to the French Govern- ment in virtue of Article XXI. of the Treaty of the 30th May,

1814 (No. 1), and of Articles VI., VII., and XXII. of the afore- said Convention of the 20th November, 1815 (No. 45), will serve to complete the means of discharging the said debts owing by France to the subjects of those Powers who were charged with the reimbursement of these sums. And, consequently, the French Government abandons every claim in respect to the said reim- bursement.

Claims of the Four Poii-eis under Treaty of 20th November, 1815.

cancelled.

On their part, the said Powers acknowledge, that as the deductions and compensations (bonifications), stipulated in their favour by Article VII. of the Convention of the 20th November,

1815 (No. 45), arc either comprised in the amount of the sum fixed by Article I. of the present Convention, or are abandoned by the Powers interested, all reclamations and claims on that account arc now completely cancelled. It is understood that the French Government, conformably to the stipulations contained in Articles VI. and XXII. of the same Convention, shall continue to pay the interest of the debts of countries detached from its territory. which have oeen converted into inscriptions in the Great Book of the Public Debt, whether those inscriptions remain in the hands of their original possessors, or shall have been transferred to other persons. Nevertheless, France shall no longer be charged with the Life Annuities originating from the same source, the payment of which shall lie at the charge of the actual possessors of the territory, computing from the 22nd of December. 1813.

Free transfer of Inscriptions of Rentes.

It is further agreed, that no objections shall be made to the free transfer of inscriptions of Rentes belonging to those individuals, communities, or corporations which have ceased to be French.

543

25 April, 1818.] GREAT BRITAIN, &c, AND FRANCE. [No. 79 [Private Claims on France.]

Deductions from Securities annulled.

Art. III. As the deductions, which the French Government might have been authorised to make from the securities of persons deemed accountable, as provided for by Articles X. and XXIV. of the Convention of the 20th November, 1815 (No. 45), are equally included in the arrangement which forms the object of this Convention, they are hereby completely annulled. With respect to such of these securities as have been furnished in immoveables, or in inscriptions on the Great Book, the cancelling' of the Mortgage Inscriptions, or the withdrawing of the protests shall take place upon the demand of the aforesaid Govern- ments ; and the said Inscriptions, as well as the Acts of Eeplevy, shall be remitted to their respective Commissioners, or to their Delegates.

Sums vested by French Subjects in countries detached from France to

be reimbursed by France. Art. IV. The sums under the heads of securities, deposits, or consignments, vested by French subjects in the service of countries detached from France, and placed in the respective funds of those Countries, and which sums were to be repaid them in virtue of Article XXII. of the Treaty of the 30th May, 1814 (No. 1), being comprised in the present transaction, the above named Powers are completely exonerated on that point, and the Government of France undertake to reimburse them.

Liberation of France from Debts under Treaties of 30th May,

1814, and 20th November, 1815. Art. V. By virtue of the stipulations contained in the pre- ceding Articles, France is completely liberated, as well in respect of the principal as the interest, prescribed by Article XVIII. of the Convention of the 20th November, 1815 (No. 45), of the debts of every description, contemplated in the Treaty of the 30th of May, 1814 (No. 1), and the Convention of the 20th November, 1815 (No. 45), and claimed in the manner prescribed by the afore- said Convention ; so that the said debts shall be considered with respect to France, as extinguished and annulled, and can never be again brought forward against her in any shape whatever.

Mixed Commission under Convention of 20th November, 1815, to. close £>roceedin<js of Liquidation.

Art. VI. In consequence of the preceding arrangements, the

544

No. 79] GREAT BRITAIN, &c. AND FRANCE. [25 April, 1818, [Private Claims on France.]

mixed Commissions instituted by Article V. of the Convention oi the 20th November, 1815 (No. 45), shall close the proceedings of liquidation ordered by that Convention.

Distribution of Rente to be created. Art. VII. The Rente which shall be created in virtue of Article I. of the present Convention, shall be distributed amongst, the hereinafter-named Powers as follows : —

Anhalt Bernbourg — 17,500 francs.

Anhalt Dessau — 18,500 francs.

Austria— 1,250,000 francs.

Baden — 32,500 francs.

Bavaria — 500,000 francs.

Bremen — 50,000 francs.

Denmark — 350,000 francs.

Spain — 850,000 francs.

Roman States — 250,000 francs.

Frankfort— 35,000 francs.

Hamburgh— 1,000,000 francs.

Hanover — 500,000 francs.

Hesse (Electoral) — 25,000 francs.

Grand Duchy of Hesse, comprising Oldenburg — 348,150

francs. Ionian Isles, the Isle of Prance,* and other countries

under the Dominion of His Britannic Majesty — 150,000

francs. Lubeck— 100,000 francs. Meeklenburgh-Schwerin — 25,000 francs. Mecklenburgh-Strelitz — 1,750 francs. Nassau — 6,000 francs. Parma — 50,000 francs. Netherlands — 1,650,000 francs. Portugal— 40,900 francs. Prussia— 2,600,000 francs. Reuss — 3,25<» francs. Sardinia — 1 ,25( ),< )( M I francs. Saxony — 225,000 francs. Saxe-Gotha— 30,000 francs. Saxe-Meiningeu — 1,000 francs Saxe- Weimar — 9,250 francs. Schwartzburgb — 7.500 francs.

* Mawritms.

545 2 N

25 April, 1818.J GREAT BRITAIN. &C., AND FRANCE. [No. 79 [Private Claims on France.]

Switzerland — 250,000 francs.

Tuscany — 225,000 francs.

Wirtemburg — 20,000 francs.

Hanover, Brunswick, Hesse Electoral, and Prussia —

8,000 francs. Hesse (Electoral) and Saxe Weimar — 700 francs. Grand Duchy of Hesse and Bavaria — 10,000 francs. Grand Duchy of Hesse, Bavaria, and Prussia — 40,000

francs. Saxony and Prussia — 110,000 francs.

Interest on Rentes, and Periods of Payment.

Art. VIII. The sum of 12,040,000 francs in Rentes, stipulated for in Article I., shall bear interest from the 22nd March, 1818, the whole of it shall be deposited in the hands of the Special Commissioners of the Courts of Austria, Great Britain, Prussia, and Russia, to be afterwards delivered to those entitled thereto, at the periods and in the manner folio whig :

1st. On the first of each month, the twelfth part of such sum as may become due to each power, conformably with the fore- going' distribution, shall be transferred to their Commissioners at Paris, or their Delegates ; which Commissioners or Delegates shall dispose thereof, in the manner hereafter directed.

2nd. The respective' Governments or the Commissioners of Liquidation to be appointed by them, shall, at the end of every month, cause to be transferred to the individuals whose debts shall have been liquidated, and who may wish to remain proprietors of the shares of Rentes which shall be allotted them, inscriptions to the amount of the sums that may be due to them respectively.

3rd. All other liquidated claims, as well as the sums which may not be of an amount sufficient to form a separate inscription, shall be united in one collective inscription by the respective Governments, who shall direct their Commissioners or Agents in Paris to sell them for the benefit of the parties interested.

The deposit of the aforesaid Rente of 12,040,000 francs, shall be made on the first day of the month succeeding the date of the exchange of the ratifications of the present Convention, by the Courts of Austria, Great Britain, and Prussia, only, on account of the remote situation of the Court of Russia.

Delivery of Inscriptions to Royal Treasury of France. Art, IX. The delivery of the said inscriptions shall take

546

No. 79] GREAT BRITAIN, &c, AND FRANCE. [25 April, 1818. [Private Claims on France.]

place, notwithstanding any notice of transfer or protest to the Royal Treasury of France.

Protests or Notices.

Nevertheless, the protests and notices which shall have been made to the Treasury or delivered to the Commissioners of Liquidation, shall have, according to the order of their inscrip- tion, their full and entire effect, for the benefit of the third party concerned, provided (with regard to those which have been in- scribed at the Treasury), that within the period of one month from the day of the exchange of the Ratifications of the present Convention, a list thereof shall be transmitted to the Commis- sioners of the respective Powers, with its supporting documents ; without, however, any prejudice to the power which the parties interested retain to make good the same in a direct manner by the production of their documents. The precise term above- mentioned having expired, no regard shall be paid to the protests or notices which shall not have been previously delivered in to the Commissioners, whether from the Treasury or other persons concerned.

Protests or appeals shall, however, be admitted when made to the said Commissioners or to the Governments to which they belong. The protests, of which notice shall have been given within the proper time, either in respect to claims established or judgments obtained, shall be carried before the tribunal of the party attached.

Facilities to be afforded by France for verification of Liquidation

of Debts.

Art. X. The respective Governments being desirous to adopt the most effectual means of liquidating the debts due from France to the subjects of each, and of distributing the funds to which the said creditors are in due proportion entitled, according to the principles contained in the stipulations of the Treaty of the 30th May, 1814 (No. 1), and of the Convention of the 20th November, 1815 (No. 45); it is agreed that, to this end, the French Government shall cause to be transmitted to the Commis- sioners of the said Governments, or their delegates, the files containing the documents in support of the claims not yet dischaiged, and at the same time shall give the most precise orders, that all the information and papers that can be necessary for the verification of those claims, shall be furnished with the

547 2 N 2

25 April, 1818.] GREAT BRITAIN, &c., AND PRANCE. i No. 79

[Private Claims on France.]

least possible delay to the said Commissioners, by the different offices and departments. It is further agreed, that in cases where payments shall have been made on account, or the French Government shall have had charges or deductions to make upon any of these individual claims, such payments, charges, and deductions shall be exactly specified.

Liquidation of Claims for Military Services- Ant. XI. The liquidation of the claims for military services requiring certain particular forms, it is agreed with regard thereto : —

1st. That for the payment of the military who have belonged to corps, the Boards of Administration of which have furnished schedules of liquidation, it shall be sufficient that the said schedules be produced, or extracts therefrom, duly certified.

2nd. That where the Boards of Administration of Corps shall not have furnished schedules of liquidation, the depositaries of the archives of the said corps shall ascertain the sums due to the military belonging thereto, and deliver in a schedule thereof, to t ke correctness of which they shall certify.

3rd. That debts due to the Officers of the Staff, or to Officers unattached, as well as to the persons employed by the Military Administration, shall be verified at the War Offices, conformably to the regulations established for the French Military and em- ployes by the circular of the 13th December, 1814, the documents in support of the schedules being annexed thereto, or when that shall not be practicable, communication being made of the same to the Commissioners or their delegates.

Commissioners to form the Medium, of Communication with Offices

and Administrations.

Art. XII. To facilitate the liquidation that is to take plac* according to Article X. above cited, the Commissioners named b} the Fiench Government shall form the medium of communication with the different Offices and Administrations. Through their means, also, the files of justificatory documents shall be trans- mitted. These transfers shall be correctly verified, and registry thereof taken for them, either on the margin or by a proces-verbal.

Payment of Claims in Territories divided between several States. Arbitration in case of Difficulties. Art. XIII. Whereas certain Territories have been divided

548

No. 79] G-REAT BRITAIN, &c, AND FRANCE. [25 April, 1818.

[Private Claims on France.]

between several States, and whereas in such cases, that State to which the greatest part of the Territory belongs, has in general engaged to bring forward the common claims, founded upon Articles VI., VII., and IX. of the Convention of the 20th Novem- ber, 1815 (No. 45) ; it is agreed that the Government which shall have put forward the claims, shall, in paying the Creditors, treat the subjects of all the States interested as his own. On the other hand, since, notwithstanding this division of territories, the prin- cipal possessor has borne the deduction of the whole capital and interest reimbursed, the other co-States shall account to him for the same, in proportion to the part of the said territory possessed by each one, conformably to the principles laid down in Articles VI. and VII. of the Convention of the 20th November, 1815. If any difficulties should arise relative to the execution of the pre- sent Article, they shall be settled by a Commission of Arbitration formed according to the mode and principles indicated by Article VIII. of the above-mentioned Convention.

Ratifications.

Art. XIV. The present Convention shall be ratified by the High Contracting Powers, and the Ratifications be exchanged at Paris within the space of two months, or sooner if practicable.

Accessions.

Art. XV. The States not actually contracting parties to the present Convention, but whose interests are affected thereby, in conformity to the preliminary agreement which took place be- tween their Plenipotentiaries and His Excellency the Duke of Wellington, in concert with the undersigned Plenipotentiaries of the Courts who were contracting parties to the Treaty of the 20th November, 1815 (No. 40), are invited to transmit their Acts of Accession within the said space of two months.

Done at Paris, the 25th April, 1818.

(L. S.) CHAS. STUART.

(L. S.) LE BARON DE VINCENT.

(L. S.) RICHELIEU.

(L. S.) F. COMTE DE GOLTZ.

(L. S.) POZZO DI BORGO.

549

25 April, 1818. &RE AT BRITAIN AND FRANCE. [No. 80

[Claims of British Subjects.]

No. 80.— CONVENTION between Great Britain and France, for the Final Arrangement of the Claims of the Subjects of His Britannic Majesty upon the Government of France. Signed at Paris, 25th April, 1818.

Akt. Table.

Preamble. Reference to Treaty of 20th November, 1815.

1. Annuity for Payment and Extinction of Claims of British Subjects.

2. Annuity disposable under Convention of 20th November 1815.

3. Division of Annuity into 12 Parts.

4. Delivery of Inscriptions. List of Notifications to be delivered to British

Commissioners within one Month. Expiration of term of Delay.

5. Information and Documents to be supplied by French Government to

British Commissioners.

6. Claims of British Subjects already liquidated.

7. Ratifications.

Separate Article, 25th April, 1818, Bordeaux Claims. Additional Articles, 4th July, 1818, Bordeaux Claims.

(English Version.*)

Preamble. Reference to Treaty of '20th November, 1815.

His Britannic Majesty and His Most Christian Majesty, being desirous of removing all the obstacles which have hitherto retarded the full and entire execution of the Convention con- cluded in conformity to Article IX. of the Treaty of the 20th of November, 1815 (No. 46), relative to the examination and liquida- tion of the Claims of the Subjects of His Britannic Majesty against the Government of France, have named for their Plenipo- tentiaries : —

His Britannic Majesty — Sir Charles Stuart, His Ambassador Extraordinary and Plenipotentiary to His Most Christian Majesty, &c. ;

And His Most Christian Majesty, the Sieur Armand Emanuel Duplessis Richelieu, Duke of Richelieu, His Minister and Secretary of State for Foreign Affairs, &c. ;

Who, after having respectively communicated their Full Powers, have agreed to the following Articles : —

* For French version, see " State Papers," vol. v., p. 192.

550

No. 80] GREAT BRITAIN AND FRANCE. [25 April, 1818.

[Claims of British Subjects.]

Annuity for Payment and Extinction of Claims of British Subjects. Art. I. In order to effect the payment and entire extinction, as well of the capital as of the interest thereon, due to the Sub- jects of His Britannic Majesty, and of which the payment has been claimed in virtue of the Additional Article to the Treaty of the 30th May, 1814 (No. 1), and also in virtue of the above- mentioned Convention of the 20th of November, 1815 (No. 46), there shall be inscribed, in the Great Book of the Public Debt of France, a perpetual annuity of 3,000,000 francs, representing a capital of 60,000,000 francs, and which 3,000,000 francs shall bear interest from the 22nd of March, 1818.

Annuity disposable under Convention of20tk November, 1815.

Art. II. Such part of the annuity as is still disposable out of the fund created in virtue of Article IX. of the above-mentioned Convention of the 20th November, 1815 (No. 46), together with all the interest accumulated thereon since the 22nd of March, 1816, shall be equally applicable to the payment of the said Claims ; in consequence, the inscriptions of the above-mentioned annuities shall be delivered over to the Commissioners of His Britannic Majesty, immediately after the exchange of the Ratifica- tions of the present Convention.

Division of Annuity into 12 Parts. Art. III. The annuity of 3,000,000 francs which shall be created, in conformity to the above Article I., shall be divided into 12 equal Inscriptions, all of which shall bear interest from the 22nd of March, 1818, and shall be inscribed in the name of the Commissioners of His Britannic Majesty, or of those whom they shall appoint, and shall be made over to them at the rate of one in each successive month, to begin from the day of the exchange of the Ratifications of the present Convention.

Delivery of Inscriptions.

Art. IV, The delivery of the said Inscriptions shall take place, notwithstanding any notifications of transfer or attach- ments laid at the Royal Treasury of France, or in the hands of the Commissioners of His Britannic Majesty.

List of Notifications to be delivered to British Commissioners

within One Month.

The List of the Notifications which may have been laid at the

551

25 April, 1818.J GREAT BRITAIN AND FRANCE. No. 80

[Claims of British Subjects.]

Royal Treasury, together with the requisite documents, shall, nevertheless, be delivered over to the said Commissioners of His Britannic Majesty, within the term of One Month from the date of the exchange of the Ratifications of the present Convention ; and it is agreed that the payment of monies in litigation shall be suspended until the Suits which shall have given rise to the said Attachments or notifications shall have been tried by a compe- tent tribunal, which, in such case, shall be that of the party in possession.

Expiration of Term of Delay.

When the above-mentioned term of delay shall have expired, no attention shall be paid to the Attachments or notifications of Transfer, which shall not have been communicated to the Com- missioners, either by the Treasury or by the parties. It shall, however, be allowable to lodge Attachments, or to execute any other act, preservative of their interests, in the hands of the said Commissioners, or of the British Government.

Information and Documents to be supplied by French Government to

British Commissioners.

Art. V. The British Government desiring, for the interest of i ts Subjects, being creditors of France, to take the most efficacious measures for effecting the liquidation of the Claims and the distri- bution of the Funds to which the said creditors shall be entitled in their respective proportions, according to the principles con- tained in the stipulations of the,Treaty of the 30th of May, 1814 (No. 1), and of the Convention of the 20th of November, 1815 (No. 46), it is agreed that, for this purpose, the French Govern- ment shall cause to be delivered to the Commissioners of His Britannic Majesty the Documents in support of the Claims which are unpaid, and shall give, at the same time, the most positive >rders that all the information and Documents, which shall be necessary for verifying the Claims, shall be furnished within the shortest possible term, by the officers of the French Departments of Government.

Claims of British Subjects already Liquidated.

An t. VI. The Claims of the Subjects of His Britannic Majesty already liquidated, and of which a fifth portion still remains to be paid, hall be discharged at the dates which have been previously

552

No. 80J GtREAT BRITAIN AND FRANCE. [25 April, 1818.

[Bordeaux Claims.]

fixed upon, and the fifth portions shall be delivered on the sole authority of the Commissioners of His Britannic Majesty.

Ratifications.

Art. VII. The present Convention shall be ratified, and the Ratifications shall be exchanged within the term of one month, or sooner if it can be done.

Done at Paris, the 25th day of April 1818

(L.S.) CHARLES STUART. (L.S.) RICHELIEU.

Separate Article. Bordeaux Claims. Paris, "2Mi April, 1818.

Claims under Additional Article of Convention of 20th November, 1815, respecting English Merchandise imported into Bordeaux.

It is provided that the Convention of this day, between Great Britain and France, shall in no way detract from the Claims of Subjects of His Britannic Majesty, founded upon the Additional Article of the Convention of the 20th of November, 1815 (No. 46), respecting English Merchandise imported into Bordeaux, which claims shall be definitively settled conformably to the terms of the above-mentioned Additional Article.

The present Article shall have the same force and effect as if it were inserted, word for word, in the above-mentioned Con- vention.

In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereunto the Seals of their Arms.

Done at Paris, the 25th day of April, 1818.

(L.S.) CHARLES STUART. (L.S.) RICHELIEU.

Additional Articles. Bordeaux Claims. Paris, 4th Jidy, 1818.

The Courts of Great Britain and France having agreed to ter- minate, by an amicable Compromise, the difficulties which have hitherto prevented the complete liquidation and payment of the Sums due to the Subjects of His Britannic Majesty, whose Claims were founded upori the Additional Article of the 20th November.

553

25 April, 1818.] GREAT BRITAIN AND FRANCE. [No. 80

[Bordeaux Claims.]

1815 (No. 46), confirmed by the Additional Article of the 25th April last, the Undersigned, Sir Charles Stuart, His Britannic Majesty's Ambassador Extraordinary and Plenipotentiary at the Court of His Most Christian Majesty, &c, and the Duke of Richelieu, His Most Christian Majesty's Minister and Secretary of State for Foreign Affairs, and President of the Council of His Ministers, &c, being furnished with the authority of their respective Governments, have agreed upon the following Articles : —

Amount to be Paid for Bordeaux Claims.

Akt. I. The total amount of the payments to be made by France for the discharge and entire extinction of the Sums due to the Subjects of His Britannic Majesty, resulting from the decision of His Most Christian Majesty, relative to the British Merchan- dise introduced into Bordeaux, in consequence of the Tariff of Cus- toms, published the 24th of March, 1814, is fixed at the sum of 450,000 francs.

Sum to be Paid to British Commissioners *

Art. II. The said sum ot 450,000 francs shall be paid into the hands of the Commissioners appointed for the purpose by His Britannic Majesty, in equal portions of 75,000 francs each, the payment of which shall take place the first day of every month, reckoning from the 1st of August next, so that the whole sum shall be paid by the 1st of January, 1819.

Ratifications.

The present Articles shall be ratified, and the Ratifications exchanged in the space of one month, or sooner if possible.

In witness whereof, the Undersigned have signed the same, and have affixed thereunto the Seal of their Arms.

Done at Paris, the 4th day of July, 1818.

(L.S.) CHARLES STUART. (L.S.) RICHELIEU.

* The Commissioners appointed for Liquidation, Arbitration, and Award, on the British and Ionian Islands Claims were : — Mr. Colin Alexander Mackenzie, Mr. George Lewis Newnham, and Mr. George Hammond.

The Commissioners of Deposit to receive Inscriptions from French Government were : — Mr. David Richard Morier and Mr. James Druminond.

Their appointments were all dated 15th June, 1818.

554

No. 801 u RE AT BRITAIN AND FRANCE. [25 April, 1818.

[Claims of British Subjects.]

On the 19th May, 1818, an Act of Parliament was passed, 59 Geo. III., cap. 31, " to enable certain Commissioners fully to carry into effect several Conventions for liquidating Claims of British Subjects, and others, against the Government of France."

The following is a resume of the contents of that Act : —

Sect.

Preamble. Examination of Claims.

1. Claims recognized. Guarantee Fund. Bordeaux Claims. Claims of

Subjects of Allied Sovereigns. Commissioners appointed under Treaty of 30th May, 1814 (No. 1). Commissioners appointed under Treaty of 20th November, 1815 (No. 45). Final adjustment of Claims. Commissioners of Liquidation under Treaties of 30th May, 1814, 20th November, 1815, and 25th AprU, 1818 (No. 80). Commis- sioners of Deposit. Liquidation of Claims, and deductions.

2. Oath of Commissioners.

3. Examination of Parties on Oath.

4. Penalties for false evidence.

5. Meetings and Adjournments. Precepts for Persons, Books, and Papers.

6. Vacancies in the Commissions.

7 to 14. Orders for payment of Claims.

8 to 14. Appeals to Privy Council.

15. Moneys in dispute.

16. Sums unappropriated.

17. Examination and Audit of the Treasury.

18. List of Claims adjudicated to be published.

See Hertslet's Treaties, vol. iii., p. 103.

555

30 Sept., 1818. ] AUSTRIA AND BAVARIA. [No. 81

[Boundaries.]

No. 81.— BOUNDARY CONVENTION between Austria and Bavaria. Signed at Salzburg, 30th September, 1818.

Aut. Table.

Preamble. Reference to Treaty of'14th April, 1816. 1 "I Description of line of Boundary between the Austrian Departments of and > Salzburg and Lofer, and the Bavarian Departments of Reichenhall

2. J Berchtesgaden, Traunstein, and Marquard stein.

3. Convention to be considered as a Supplement to the Treaty of 14th

April, 1816.

4. Reservation of private rights to be arranged hereafter.

5. Such parts of the line as have been definitively settled to be marked forthwith.

6. Other parts to be marked within a year and a day.

7. Revenues to be arranged in the mean time.

8. Marks to be placed as described in the definition of the line.

9. One year allowed for the arrangement of the line where it passes through

water. 10. Ratifications.

(Translation.)

Preamble. Reference to Treaty of lAth April, 1816.

The Treaty concluded between Bavaria and Austria on the 14th April, 1816 (No. 53). provides for the final arrangement of the Boundaries and Relations of the two States. Art. XIX. especially stipulates the definitive settlement of the Boundaries between Salzburg and Berchtesgaden, &c. In accordance with this Treaty, Commissioners have been appointed :

On the part of Bavaria, Charles Count von Prey sing, and Joseph Ernest von Koch-Sternfeld, Knight; and

On the part of Austria, the Noble Joseph Innocent Steinherr von Hohenstein.

The Commission met at Salzburg in April, 1817, and, in con- junction with Lieutenant-Colonel Frauds Sales von Weiss, in the Austrian service, and Major Charles William von Heideck, in the Bavarian service, after the necessary examinations and inquiries, agreed as follows : —

Arts. I. to X. (See Table.)

Salzburg, 30th September, 1818.

CHARLES COUNT VON PREYSING, &c.

JOSEPH ERNEST VON KOCH-STERNFELD, Knight, &c.

CHARLES WILLIAM VON HEIDECK, &c.

JOSEPH INNOCENT STEINHERR VON

HOHENSTEIN, Noble, &c. FRANCIS SALES VON WETSS, &c. 556

No. 82 J GREAT BRITAIN, FRANCE, &c. [9 Oct., 1818.

[Evacuation of France. Pecuniary Indemnity.]

No. 82.— CONVENTION between Great Britain, {Austria, Prussia, Russia), and France, for the Evacuation of the French Territory by the Allied Troops. Signed at Aix- la-Chapelle, 9th October, 1818.

Art. Tabie.

Preamble. Reference to Treaty of 20th November, 1815. Evacuation of France at end of 3rd year of Occupation.

1. Withdrawal of Army of Occupation from France.

2. Strong Places and Fortresses to be given up to France.

3. Pay, Equipment, and Clothing of Troops of Army of Occupation. i. Pecuniary Indemnity to be paid by France to Allied Powers.

5. Payment in Inscriptions of Rentes, fi. Payments by Monthly Instalments.

7. Bonds to be delivered by Commissioners of Allied Powers to Royal

Treasury of France.

8. Ratifications.

(Translation.*)

In the Name of the Most Holy and Undivided Trinity.

Preamble. Reference to Treaty of '20th November, 1815. Evacuation of France at end of 3rd year of Occupation.

Their Majesties the Emperor of Austria, the King of Prussia, and the Emperor of all the Russias, having repaired to Aix-la- Chapelle ; and their Majesties the King of the United Kingdom of Great Britain and Ireland, and the King of Prance and Navarre, having sent thither their Plenipotentiaries ; the Ministers of the 5 Courts have assembled in Conference together ; and the Pleni- potentiary of Prance having intimated, that in consequence of the state of France, and the faithful execution of the Treaty of 20th November, 1815 (No. 40), His Most Christian Majesty was desirous that the Military Occupation stipulated by Article V. of the said Treaty, should cease as soon as possible ; the Ministers of the Courts of Austria, Great Britain, Prussia, and Russia, after having, in concert with the said Plenipotentiary of France, maturely examined every thing that could have an influence on such an important decision, have declared, that their Sovereigns would admit the principle of the Evacuation of the French Terri- tory at the end of the 3rd year of the Occupation ; and wishing to confirm this resolution by a formal Convention, and to secure,

* For French version, see "State Papers," vol. vi., p. 6.

557

1/

i^

9 Oct., 1818.] GREAT BRITAIN, FRANCE, &c. [No. 82

[Evacuation of France. Pecuniary Indemnity.]

at the same time, the definitive execution of the said Treaty of 20th November, 1815, — His Majesty the King of the United Kingdom of Great Britain and Ireland, on the one part, and His Majesty the King of France and Navarre, on the other part, have, for this purpose, named as their Plenipotentiaries, viz. : —

His Majesty the King of the United Kingdom of Great Britain and Ireland, the Right Honourable Robert Stewart, Viscount Castlereagh, Knight of the Most Noble and Illustrious Order of the Garter, His Principal Secretary of State for Foreign Affairs, &c.

And the Most Excellent and Most Illustrious Lord, Arthur, Duke, Marquis, and Earl of Wellington, Marquis DourO, Viscount Wellington of Talavera and of Wellington, and Baron Douro of Wellesley ; a Member of His Britannic Majesty's Most Honour- able Privy Council, a Field -Marshal of his Forces-, &c.

And His Majesty the King of France and Navarre, the Sieur Armand Emanuel du Plessis Richelieu, Duke of Richelieu, Peer of France, His Minister and Secretary of State for Foreign Affairs, and President of the Council of His Ministers, &c. :

Who, after having mutually communicated to each other their respective Full Powers, found to be in good and due form, have agreed upon the following Articles : —

Withdrawal of Army of Occupation from France.

Art. I. The Troops composing the Army of Occupation shall be withdrawn from the Territory of Fiance by the 30th of November next, or sooner, if possible.

Strong Places and Fortresses to be given up to France. Art. II. The strong Places and Fortresses which the said Troops occupy, shall be given up to Commissioners named for that purpose by His Most Christian Majesty, in the state in which they were at the time of their occupation, comformably to Article IX. of the Convention (No. 42) concluded in execution of Article V. of the Treaty of 20th November, 1815 (No. 40).

Pay, Equipment, and Clothing of Troops of Army of Occupation. Art. III. The sum destined to provide for the pay, the equip- ment, and the clothing of the Troops of the Army of Occupation, shall be paid, in all cases, up to the 30th of November next, on the same footing on which it has existed since the 1st of December, 1817,

558

NO. 82 J GREAT BRITAIN. FRANCE. &o. 1 9 Oct., 1818.

[Evacuation of France. Pecuniary Indemnity.]

Pecuniar fi Indemnity to be paid by France to Allied Powers.

Art. IV. All the accounts between France and the Allied Powers haying been regulated and settled, the Sum to be paid by France, to complete the execution of the IVth Article of the Treaty of 20th November, 1815 (No. 40), is definitively fixed at 265,000,000 of francs.

Payment in Inscriptions of Rentes.

Art. V.* Of this sum the amount of 100,000,000, effective value, shall be paid by Inscriptions of Rentes on the Great Book of the Public Debt of France, bearing- interest from the 22nd of September 1818. The said Inscriptions shall be received at the rate of the Funds on Monday the 5th of October. 1818.

Payments by Monthly Instalments.^ Art. VI. The remaining 165,000,000 shall be paid by 9 monthly instalments, commencing on the 6th of January next, by Bills on the Houses of Hope and Co. and Baring, Brothers and Co., which, as well as the Inscriptions of Rentes, mentioned in the above Article, shall be delivered to Commissioners of the Courts of Austria, Great Britain, Prussia, and Russia, by the Royal Treasury of France, at the time of the complete and definitive evacuation of the French Territory.

Bonds to be delivered by Commissioners of Allied Powers to Royal

Treasury of France. Art. VII. At the same period, the Commissioners of the said Courts shall deliver to the Royal Treasury of France, the 6 Bonds not yet discharged, which shall remain in their hands, of the 15 Bonds delivered conformably to Article II. of the Convention concluded for the execution of Article IV. of the Treaty of 20ih November, 1815. The said Commissioners shall, at the same time, deliver the Inscription of 7,000,000 of Rentes, created in virtue of Article VIII. of the said Convention.

Ratifications. Art. VIII. The present Convention shall be ratified, and the

* By Article I. of the Definitive Arrangement of the 2nd February, 1819, the Contract entered into between the Courts of Austria, Great Britain, Prussia, and Russia, and the houses of Hope and Company, and Baring, Brothers, and Company, for the realisation of the said Inscription of Rentes, was declared to be nidi and void.

t See Protocol of 3rd November, 1818.

559

9 Oct., 1818.] GREAT BRITAIN, FRANCE. Ac. [No. 82

[Evacuation of Prance. Pecuniary Indemnity.]

Ratifications thereof exchanged at Aix-la-Chapelle in the space of a fortnight, or sooner if possible.

In witness whereof, the respective Plenipotentiaries have signed the same, and have thereunto affixed the Seal of their Arms.

Done at Aix-la-Chapelle, the 9th day of October, in the Year of our Lord 1818.

(L.S.) CASTLEREAGH. (L.S.) WELLINGTON. (L.S.) RICHELIEU.

Note. — Similar Conventions were concluded at Aix-la- Chapelle. on the same day, between France and Austria, Prussia, and Russia, respectively.

560

No. 83.] GEE AT BRITAIN, AUSTRIA, &o. [3 NOV., 1818.

[French Pecuniary Indemnity.]

NO. 83.— PROTOCOL of Conference between the Pleni- potentiaries of Great Britain, Austria, Prussia, Russia^ and France. Signed at Aix-la-Chapelle, 3rd November, 1818.

Table. Reference to Convention of 9th October, 1818. Pecuniary Indemnity to the Allied Powers : Injurious effect of the too

frequent exportation of specie from France. Extension of period

of payment and issue of Bills. Arrangements with Messrs. Baring.

Reservations of Prussia. Further extension of periods of payment.

Modification of arrangement as to Bills. Extension of Guarantee.

(Translation as laid before Parliament.*)

Reference to Convention of 9th October, 1818.

Pecuniar// Indemnity to the Allied Powers. Injurious effect of the too frequent exportation of Specie from France.

The Duke de Richelieu represented at the Conference that the terms for the payment of the 265,000,000 to be furnished by France, according1 to the Convention of the 9th of October (No. 82), having been fixed at very near periods, a too rapid exportation of specie has been occasioned, which tends to produce a deprecia- tion in the inscriptions of Rentes, equally injurious to the interests of all the Contracting Parties. To remedy this inconvenience, the Dvike de Richelieu, proposed the following arrangements :

Extension of period of Payment and issue of Bills. 1st. That the 105,000,000 which France ought to discharge, according to Article VI. of the Convention (No. 82), by 9 equal monthly instalments, from the 6th of January to the 6th of September next, shall be paid by twelve monthly instalments, from the 6th of January to the 6th of December inclusive ; the interest for the delay of three months being made good by France at the rate of 5 per cent.

Arrangements with Messrs. Baring.

2nd. That the 100,000,000 to be discharged by inscriptions of Rentes, according to Article V. of the said Convention (No. 82), and for which the different Governments have treated with Messrs. Baring and Hope, shall be realized by payments made at the same epochs, and with the same allowance of Interest,

* For French version, see "State Papers," vol. vi., p. 11.

561 2 o

3 Nov., 1818.] OKEAT BKITAIN, AUSTEIA, &c. [No. 83

[French Pecuniary Indemnity.]

by the drawers, on account of the delay which shall be granted them.

3rd. That arrangements shall be adopted with the above- mentioned houses, in order that the Bills drawn upon them, con- formably to Article VI., may be paid in assets at the different places which may suit the convenience of the Governments in- terested, in such a manner as to effect their discharge, and avoid the removal of too great a mass of specie.

M.M. the Ministers and Plenipotentiaries of Austria, Great Britain, Prussia, and Russia, were unanimously of opinion to admit the proposition of the Duke of Richelieu with the proviso that, with respect to Article III. particular arrangements shall be contracted with Messrs. Baring and Hope, to fix the terms on which the assets in foreign funds shall be accepted ; and also that, in order to facilitate these arrangements, Mr. Baring should be invited to come to Aix-la-Chapelle, to take measures for that purpose, in concert with the persons charged with this business.

Reservations of Prussia. Prince Hardenberg-, moreover, placed on the Protocol the subjoined observations and reservations, relative to the private arrangement that the Prussian Government entered into with Messrs. Baring, for the part of the payments stipulated by the Convention of the 9th of October (No. 82), which accrue to the said Government.

METTERNICH. HARDENBERG.

CASTLEREAGH. BERNSTORFF.

WELLINGTON. NESSELRODE.

CAPO D'ISTRIA.

Subjoined to the Protocol of the 3rd November, 1818.

Further extension of periods of Payment.

If the Prussian Government consents to the proposed modifi- cations of the pecuniary stipulations of the Convention of the 9th of October, it is in the threefold supposition —

Arrangement with Messrs. Baring.* 1st. That its private arrangement with Messrs. Hope and Co. and Baring, Brothers, and Co. remain entire, except with regard

* See Note, page 559. 562

No. 83] GEEAT BRITAIN, AUSTRIA, &c. [3 Nov., 1818.

[French Pecuniary Indemnity.]

to such modifications as the Prussian Government may ultimately agree upon with those houses.

Modification of Arrangement as to Payment of Bills.

2nd. That the loss which may result from the proposed pay- ment in assets, upon foreign places, shall be made good to the Allied Sovereigns ; and

Extension of Guarantee.

3rd. That the guarantee already stipulated for the payments agreed upon, shall also extend to the more remote periods now required.

z?»

.')G

4 Nov., 1818.] GREAT BRITAIN. AUSTRIA, &c. [No. 84

[Evacuation of French Territory.]

No. 84. — NOTE addressed by the Plenipotentiaries of Great Britain, Austria, Prussia, and Russia to the Duke of Richelieu. Aix-la-Chapelle, Aih November, 1818.

[This Note formed Annex A to the Protocol of 15th November,

1818.]

Subject.

Reference to Treaty of 20tli Nor ember, 1815.

Discontinuance of Military Occupation of French Territory.

Final completion of the General Peace.

Invitation to France to take part in the deliberations of the Allied Powers for

the Maintenance of Peace, and the execution of the Treaties upon

which it has been founded.

(Translation.*)

Reference to Treaty of 20th November, 1815.

The Undersigned Ministers of the Cabinets of Austria, Great Britain, Prussia, and Russia, have received orders from their august masters to address to His Excellency the Duke of Richelieu the following communication : —

Called by Article V. of the Treaty of the 20th November, 1815 (No. 40), to examine, in concert with His Majesty the King of France, whether the military occupation of a part of the French territory, stipulated by the said Treaty, might cease at the end of the third year, or ought to be prolonged to the end of the fifth, their Majesties the Emperor of Austria, the King of Prussia, and the Emperor of all the Russias, have repaired to Aix-la-Chapelle, and have charged their Ministers to assemble there, in conference with the Plenipotentiaries of their Majesties the King of France and the King of Great Britain, in order to proceed to the examination of this important question.

In this examination the attention of the Ministers and Pleni- potentiaries had for its particular object the internal situation of France ; it was said to be directed to the execution of the engage- ments contracted by the French Government, towards the co- subscribing Powers to the Treaty of the 20th November, 1815 (No. 40)."

The internal state of France having long been the subject of serious deliberations in the Cabinets, and the Plenipotentiaries assembled at Aix-la-Chapelle having mutually communicated the

* For French version, see " State Papers," vol. vi., p. 16.

564

NO. 84] GEEAT BRITAIN, AUSTRIA, &c. [4 Nov., 1818.

[Evacuation of French Territory.]

opinions which they had formed in that respect, the august Sovereigns, after having weighed these opinions in their wisdom, have recognised with satisfaction, that the order of things happily established in France, by the restoration of the legitimate and constitutional Monarchy, and the success which has hitherto crowned the paternal care of His Most Christian Majesty, fully justify the hope of a progressive consolidation of that order of things so essential to the repose and prosperity of France, and so strictly connected with the great interests of Europe.

With regard to the execution of the engagements, the com- munications which, since the opening of the Conferences, the Plenipotentiary of His Most Christian Majesty has addressed t<> the Ministers of the other Powers have left no doubt on this question, as they prove that the French Government has fulfilled, with the most scrupulous and honourable punctuality, all the elauses of the Treaties and Conventions of the 20th November (Nos. 40-46); and propose, with respect to those clauses, the fulfilment of which was reserved for more remote periods, arrange- ments which are satisfactory to all the contracting parties.

Such being the results of the examination of these grave questions, their Imperial and Royal Majesties congratulated them- selves, that they have only to listen to those sentiments and those personal wishes which induced them to put an end to a measure which disastrous circumstances, and the necessity of providing for their own security, and that of Europe, could alone have dictated to them.

From that moment the august Sovereigns resolved to cause the Military Occupation of the French Territory to be discontinued ; and the Convention of the 9th October (No. 82) sanctioned this resolution. They regard this solemn act as the final comple- tion of the General Peace.

Considering now, as the first of their duties, that of preserving to their people the benefits which that Peace assures to them, and to maintain in their integrity the transactions which have estab- lished and consolidated it, their Imperial and Royal Majesties flatter themselves that His Most Christian Majesty, animated by the same sentiments, will receive with the interest which he attaches to everything tending to the welfare of mankind, and to the glory and prosperity of his country, the proposition which their Imperial and Royal Majesties address to him, to unite hence- forth his councils and his efforts to those which they will not cease to devote to so salutary a work.

565

4 Nov., 1818.] GREAT BRITAIN, AUSTRIA, &c. [No. 84

[Evacuation of French Territory.]

The undersigned, charged to request the Duke of Richelieu to convey the wish of their august Sovereigns to the knowledge of the King his master, at the same time invite his Excellency to take part in their present and future deliberations, consecrated to the maintenance of the peace, the treaties on which it is founded, the rights and mutual relations established or confirmed by these treaties, and recognised by all the European Powers.

In transmitting to the Duke of Richelieu this solemn proof of the confidence which their august Sovereigns have placed in the wisdom of the King of France, and in the loyalty of the French nation, the undersigned are ordered to add the expression of the unalterable attachment which their Imperial and Royal Majesties profess towards the person of His Most Christian Majesty and his family, and of the sincere interest which they never cease to take in the tranquillity and happiness of his kingdom.

They have the honour, at the same time, to offer to the Duke of Richelieu the assurance of their very particular consideration.

Aix-la-Chapelle. 4th November, 1818.

METTERNICH. HARDENBERG.

CASTLEREAGH. BERNSTORFF.

WELLINGTON. NESSELRODE.

CAPO D'ISTRIA.

566

No. 85] AUSTRIA, GREAT BRITAIN, &c. [12 Nov.s 1818.

[Union of the Five Powers.]

No. 85. — NOTE addressed by the Duke of Richelieu to the Plenipotentiaries of Austria, Great Britain, Prussia, and Russia, in reply to their Note of the 4th November, 1818. Aix-la-Chapelle, \2th November, 1818.

[This Note formed Annex B to the Protocol of 15th November,

1818.]

Table.

Acceptance by France of Invitation to take part in the deliberations of the Allied Powers for the Maintenance of Peace, and the execution of the Treaties upon which it was founded.

(Translation.*)

The Undersigned Minister and Secretary of State to Ilis Most Christian Majesty, has received the communication which their Excellencies the Ministers of the Cabinets of Austria, of Great Britain, of Prussia, and of Russia, did him the honour of addressing to him on the 4th of this month (No. 84), by order of their august Sovereigns. He hastened to make it known to the King his Master. His Majesty has received with real satisfaction, this new proof of the confidence and friendship of the Sovereigns who have taken part in the deliberations at Aix-la-Chapelle. The justice which they render to his constant cares for the happiness of France, and above all to the loyalty of his people, has deeply touched his heart. Looking back to the past, and observing that at no other period, no other nation has been able to fulfil with a more scrupulous fidelity, engagements such as France had con- tracted, the King has felt that it was indebted, for this new kind of glory, to the influence of the institutions which govern it ; and he sees with joy, that the consolidation of these institutions is considered by his august Allies to be no less advantageous to the repose of Europe, than essential to the prosperity of France. Considering that the first of his duties is to endeavour to per- petuate and augment, by all the means in his power, the benefits which the complete re-establishment of general Peace promises to all nations ; persuaded that the intimate union of governments is the surest pledge of its duration ; and that France, which could not remain a stranger to a system, the whole force of which must

# For French version, sec "State Papers," vol. vi., p. 17.

567

12 Nov., 1818.] AUSTRIA, GREAT BRITAIN, &c. [No. 85

[Union of the Five Powers.]

spring from a perfect unanimity of principle and action, will join the association with her characteristic frankness ; and that her concurrence must add strength to the well-founded hope of the happy results which such an alliance must produce for the benefit of mankind, His Most Christian Majesty most readily accepts the proposal made to him of uniting his councils and his efforts witli those of their Majesties, for the purpose of accomplishing the salutary work which they have in view. He has, therefore, authorized the undersigned to take part in all the deliberations of their Ministers and Plenipotentiaries, for the object of consolidating the peace, of securing the maintenance of the Treaties on which it rests, and of guaranteeing the mutual rights and relations established by these same Treaties, and recognized by all the States of Europe.

The undersigned, while he begs their Excellencies to have the goodness to transmit to their august Sovereigns, the expression of the intentions and sentiments of the King his master, has the honour of offering them the assurance of his highest con- sideration.

RICHELIEU.

i)68

No, 86] AUSTRIA, GREAT BRITAIN, &c. [14 Nov., 1818.

[Toll of Elsfleth.]

No. 86.— PROTOCOL of Conference between the Pleni- potentiaries of Austria, France, Great Britain, Prussia, and Russia. Signed at Aix-la-Chapelle, \Mh November, 1818.

Taele.

Toll of 'Elsfleth : Differences between Oldenburg and Bremen. Opinion of the Five Courts in favour of the Duke of Oldenburg' s Claims to further Indemnification. Communication to the President of the German Diet.

(Translation/"') (Extract.)

The Count de Bernstorff has read the annexed Project of Protocol on the question of the Toll of Elsfleth, in its relations with the Claims of the Duke of Oldenburg-.

That Project has been adopted unanimously, and it has been consequently decided that the steps to be taken at the German Diet shall be entrusted to the Ministers of the Courts residing at Frankfort.

Prince Metternich has besides undertaken to recommend the Interests of the Duke of Oldenburg, in the name of his Sovereign, and in the most pressing manner, to the Austrian Minister, President of the Diet, and to recommend him to take all the measures necessary to bring about the results arrived at by the Conference, as being the only means of regulating the affair of the Toll of Elsfleth in a manner satisfactory to all the Parties interested.

METTERNICH. HARDENBERG.

RICHELIEU. BERNSTORFF.

CASTLEREAGH. NESSELRODE.

WELLINGTON. CAPO DTSTRIA.

ANNEX. Resolution of the Conference. After having discussed the proposition made by the Russian Cabinet relative to the Toll of Elsfleth, the Plenipotentiaries of the Five Courts, considering :

* For Fyenph version, see " State Papers," vol. v., p. 1085.

569

14 NOV., 1818,] AUSTRIA, GREAT BRITAIN, &c [No. 86

[Toll of Elsfleth.]

That, on the one side, the Duke of Oldenburg, deprived by the force of events of a considerable part of the benefits assured to him by the Jieces of the Empire of 1803,* and the Treaty of the Gth April of the same year,* can be considered as entitled to claim a supplementary Indemnity ; and

That on the other side, the decision of an affair which has already called forth, on the part of other members of the Germanic Confederation, a complaint of infringement of rights and interests is not within the competence of the United Cabinets ;

Are unanimously of opinion, that in consequence of the Claim which the Duke of Oldenburg has addressed to His Majesty the Emperor of Russia, and which that Monarch has had submitted to the Conference, it is desirable that the five Cabinets should address themselves on the subject to the President of the Germanic Diet, and to make known to him that the five Courts, although they do not dispute the force of the arguments in favour of the pretention of the Duke of Oldenburg', that they consequently can only wish that that Prince should be maintained for some years more in the possession of the Toll of Elsfleth, they have considered that the Diet alone can decide the question, and to consult ou the means of terminating, through a Mediating Commission, the difference which has arisen on the subject of that Toll between the Duke of Oldenburg and the Town of Bremen.

* See Appendix.

570

No. 87] AUSTRIA, GREAT BRITAIN, to. [15 Nov., 1818.

[Union of the Five Powers.]

NO. 87.— PROTOCOL of Conference, between the Plenipoten- tiaries of Austria, France, Gh'eat Britain, Prussia, and Russia. Signed at Aix-la-CJiapelle, loth November, 1818.

Subject. Reference to Treaty of 30tli May, 1814 ; to Vienna Congress Treaty of 9th

June, 1815; to Treaty of 20th November, 1815; and to Convention of

9th October, 1818. Union of the Five Powers. Future Meetings of Sovereigns or their Representatives.

(Translation.*)

Reference to Treaty of 30th May, 1814; to Vienna Congress Treaty of 9th June, 1815; to Treaty of 20th November, 1815; and to Convention of 9th October, 1818.

The Ministers of Austria, France, Great Britain, Prussia, and Russia, in pursuance of the exchange of the Salifications of the Convention signed on the 9th of October, 1818 (No. 82), relative to the Evacuation of the French Territory by the Foreign Troops, and after having addressed to each other the Notes, of which copies are annexed (Nos. 84, 85), have assembled in conference, to take into consideration the Relations which ought to be estab- lished, in the actual state of affairs, between France and the co-subscribing Powers of the Treaty of Peace of the 20th of November, 1815 (No. 40) — Relations which, by assuring to France the place that belongs to her in the European system, will bind her more closely to the pacific and benevolent views in which all the Sovereigns participate, and will thus consolidate the general tranquillity.

After having maturely investigated the conservative principles of the great interests which constitute the order of things estab- lished in Europe, under the auspices of Divine Providence, by the Treaty of Paris of the 30th of May, 1814 (No. 1), the Reces of Vienna (9th June, 1815, No. 27), and the Treaty of Peace of the year 1815 (20th November, No. 40), the Courts subscribing the present Act, do, accordingly, unanimously acknowledge and declare : —

1. That they are firmly resolved never to depart, neither in their mutual Relations, nor in those which bind them to other

* For French version, see " State Papers," vol. vi., p. 14.

571

15 NOV., 1818.] AUSTRIA, GREAT BRITAIN, &c. [No. 87

[Union of the Pive Powers.]

Slates, from the principle of intimate Union which has hitherto presided over all their common relations and interests — a Union rendered more strong and indissoluble by the bonds of Christian fraternity which the Sovereigns have formed among themselves.

2. That this Union, which is the more real and durable, inas- much as it depends on no separate interest or temporary combina- tion, can only have for its object the Maintenance of general Peace, founded on a religious respect for the engagements contained in the Treaties, and for the whole of the rights resulting therefrom.

3. That France, associated with other Powers by the restora- tion of the legitimate Monarchical and Constitutional Power, en- gages henceforth to concur in the maintenance and consolidation of a System which has given Peace to Europe, and which can alone insure its duration.

4. That if, for the better attaining the above declared object, the Powers which have concurred in the present Act, should judge it necessary to establish particular meetings, either of the Sove- reigns themselves, or of their respective Ministers and Plenipo- tentiaries, there to treat in common of their own interests, in so far as they have reference to the object of their present delibera- tions, the time and place of these meetings shall, on each occasion, be previously fixed by means of diplomatic communications ; and that in the case of these meetings having for their object affairs specially connected with the interests of the other States of Europe, they shall only take place in pursuance of a formal invita- tion on the part of such of those States as the said affairs may concern, and under the express reservation of their right of direct participation therein, either directly or by their Plenipotentiaries.

5. That the resolutions contained in the present Act shall be made known to all the Courts of Europe, by the annexed Declara- tion, which shall be considered as sanctioned by the Protocol, and forming part thereof.

Done in quintuple, and reciprocally exchanged in the original, by the subscribing Cabinets.

Aix-la-Chapelle, 15th November, 1818.

METTERNICII. HARDENBERG.

RICHELIEU. BERNSTORFF.

CASTLEREACII. NESSELRODE.

WELLINGTON. CAPO D'ISTRIA.

572

No. 88 J CIEEAT BRITAIN, AUSTRIA, &c. [15 Nov., 1818.

[Peace of Europe. Union of the Five Powers.]

NO. 88.— DECLARATION of the Five Cabinets {Great Britain, Austria, France, Prussia, and Russia). Signed at Aix~la-Chapelle, \5th November, 1818.

[This Declaration formed Annex C to the Protocol of loth

November, 1818.]

Subject. Peace of Europe. Union of the Five Powers. Rights of Nations.

(Translation.*)

At the period of completing the Pacification of Europe by the resolution of withdrawing the Foreign Troops from the French Territory ; and when there is an end of those measures of pre- caution which unfortunate circumstances had rendered necessary, the Ministers and Plenipotentiaries of their Majesties the Emperor of Austria, the King of France, the King of Great Britain, the King of Prussia, and the Emperor of all the Russias, have re- ceived orders from their Sovereigns, to make known to all the Courts of Europe, the results of their meeting at Aix-la-Chapelle, and with that view to publish the following Declaration : —

The Convention of the 9th October, 1818 (No. 82), which definitively regulated the execution of the engagements agreed to in the Treaty of Peace of 20th November, 1815 (No. 40), is considered by the Sovereigns who concurred therein, as the accom- plishment of the work of Peace, and as the completion of the political System destined to ensure its solidity.

The intimate Union established among the Monarchs, who are joint parties to this System, by their own principles, no less than by the interests of their people, offers to Europe the most sacred pledge of its future tranquillity.

The object of this Union is as simple as it is great and salutary. It does not tend to any new political combination— to any change in the Relations sanctioned by existing Treaties. Calm and con- sistent in its proceedings, it has no other object than the main- tenance of Peace, and the guarantee of those transactions on which the Peace was founded and consolidated.

* For French version, see " State Papers," vol. vi., p. 18.

573

15 NOV., 1818.] GREAT BRITAIN, AUSTRIA, &o. [No. 88

[Peace of Europe. Union of the Five Powers.]

The Sovereigns, in funning this august Union, have regarded as its fundamental basis their invariable resolution never to depart, either among themselves, or in their Relations with other States, from the strictest observation of the principles of the Right of Nations ; principles, which, hi their application to a state of permanent Peace, can alone effectually guarantee the Indepen- dence of each Government, and the stability of the general asso- ciation.

Faithful to these principles, the Sovereigns will maintain them equally in those meetings at which they may be personally pre- sent, or in those which shall take place among their Ministers ; whether they be for purpose of discussing in common their own interests, or whether they shall relate to questions in which other Governments shall formally claim their interference. The same spirit which will direct their councils, and reign in their diplomatic communications, will preside also at these meetings ; and the repose of the world will be constantly their motive and their end.

It is with these sentiments that the Sovereigns have con- summated the work to which the}' were called. They will not cease to labour for its confirmation and perfection. They so- lemnly acknowledge that their duties towards God and the people whom they govern make it peremptory on them to give to the world, as far as it is in their power, an example of justice, of con- cord, and of moderation ; happy in the power of consecrating, from henceforth, all their efforts to protect the arts of peace, to increase the internal prosperity of their States, and to awaken those sentiments of religion and morality, whose influence has been but too much enfeebled by the misfortune of the times.

Aix-la-Chapelle, loth November 1818.

METTERNICH. RICHELIEU. CASTLEREAGIi. WELLINGTON.

HARDENBERG. BERNSTORPF. NESSELRODE. CAPO D'ISTRIA.

574

No. 89] GREAT BRITAIN, AUSTRIA, &c. [21 Nov., 1818.

[Diplomatic Precedence. Ministers Kesident.]

NO. 89.— PROTOCOL of Conference between the Pleni- potentiaries of Five Powers of Austria, France, Great Britain, Prussia, and Russia. Signed at. Aix-la-Chapelle, 2\st November, 1818.

(Translation as laid before Parliament.*)

Diplomatic Precedence.

In order to avoid inconvenient discussions which might arise upon a point of Diplomatic Etiquette, which appears not to have been anticipated in the Annex to the Treaty of Vienna (No. 8), whereby questions of Precedence were regulated, it is agreed between the Five Courts that Ministers Resident accredited to them shall form, with respect to their Precedence, an intermediate class between Ministers of the Second Class and Charges d' Affaires.

METTEPvNICH. RICHELIEU. CASTLEREAGH. HARDEN BERG.

* For French version, see "State Papers," vol. v., p. 1090.

0 i 0

2 Feb., 1819.] great Britain, Austria, &c. [No. 90

[French Pecuniary Indemnity.]

No. 90.— DEFINITIVE ARRANGEMENT between Great Britain, Austria, France, Prussia, and Russia, for regu- lating the mode, and the periods of Payment, of the last 100,000^000 francs of the Pecuniary Indemnity to be provided by France. Paris, 2nd February, 1819.

(Translation.*)

Payment of Indent n ity.

The Courts of Austria, France, Great Britain, Prussia, and Russia, having- approved and accepted the projet of Arrangement annexed to the Protocol which was signed at Paris the 12th December, 1818, having for its object to determine the mode of payment of the last 100,000,000 francs, which France is to furnish to the Allied Powers, under the head of Pecuniary In- demnity, and the undersigned Ministers having met this day, in virtue of their Powers, to regulate its execution, have agreed that the Arrangement above-mentioned is definitively settled in the words of the Annex to the present Protocol.

Paris, 2nd February, 1819.

LE BARON DE VINCENT. CHARLES STUART.

LE MARQUIS DESSOLLES. H. DE GOLTZ.

POZZO DI BORGO.

ANNEX. Reference to Convention of 9th October, 1818.

Existing circumstances having rendered it necessary to seek the means of diminishing, as much as possible, the mass of the Inscriptions of Rentes, on the Great Book of the Public Debt of France, which may immediately be brought into the market at Paris, it has been agreed as follows :—

A tit. I. The Inscription of 6,G 15,944 francs of Rentes, made ( >ver by France to the Courts of Austria, Great Britain, Prussia, and Russia, conformably to Article V. of the Convention of the 9th of October, 1818 (No. 82), shall remain in deposit in the hands of the Commissioners of the said Courts, till the 5th of

* For French version, see " State Papers," vol. vi., p. 20.

57G

No. 90] GREAT BRITAIN, AUSTRIA, 4c. [2 Feb., 1819.

[French Pecuniary Indemnity.]

June, 1820. In consequence, the Contract entered into between the Courts of Austria, Great Britain, Prussia, and Eussia, and the houses of Hope and Company, and Baring-, Brothers, and Company, for the realisation of the capital of the said Inscription of Rente*, is considered as null and void.

Art. II. In pursuance of the above Article, the Inscription of 2,205,314 francs, which the four Special Commissioners bad remitted on the 2nd of December, 1818, to the houses of Hope and Co., and Baring, Brothers, and Co., in execution of the contract of sale above-mentioned, shall be returned by these same banking- houses to the four Commissioners, who will return to them in exchange their engagements for the same value. The said Inscrip- tion of 2,205,314 francs, shall be transferred by the Royal Treasury of France, and shall be united under the names of the four Special Commissioners, to the Inscription of 4,410,630 francs, which remains in their hands.

Art. III. On the 1st of June, 1820, France shall remit to the above - named Courts, in exchange for the above - mentioned Inscription of 6,615,944 francs of Rentes, Boris of the Royal Treasury, for the sum of 100,000,000 of francs ; the said Bom bearing interest at 5 per cent, payable in nine months, in equal portions, from day to day ; to commence the 1st of June, 1820, and to finish the 1st of March. 1821.

The two first thirds of these Sons shall not be negotiable ; but the last third may be negotiated from the period of the 1st December, 1820.

Art. IV. The Commissioners of the Courts of Austria, Great Britain, Prussia, and Russia will receive the arrears of the said Rente of 6,615,944 francs, inscribed with interest from the 22nd of September, 1818, which will fall due from that day until the 1st of June, 1820, inclusive, on which day the successive remittances will be paid to the parties interested.

Akt. V. It is agreed that the above arrangements shall not interfere with those concluded between the French Government and the above-mentioned houses, Hope and Co., and Baring, Brothers, and Co., nor with the modifications which may be given to them by virtue of the present arrangement.

Art. VI. It is agreed that at the period of the negociation of the last third of the Bons which shall be placed at the disposal of the Courts of Austria, Great Britain, Prussia, and Russia, in pursuance of Article III. of the present arrangement (pro- vided that these Courts shall be disposed to make use of this

577 2 r

2 Feb., 1819.] GREAT BRITAIN, AUSTRIA, &c. [French Pecuniary Indemnity.]

[No. 90

power), the French Government shall be informed thereof, and on the same condition shall enjoy the preference of negotiating- such Bo us.

Done, in five parts, at Paris, 2nd February, 1819.

LE BARON DE VINCENT. LE MARQUIS DESSOLLES.

CHARLES STUART. H. DE GOLTZ. POZZO DI BORGO.

578

No. 91] TUEKEY. [24 April, 1819.

[Ionian Islands and Parga.]

No. 91.— ACT OF RATIFICATION by the Sultan, of the Cession of the Ionian Islands to Great Britain, and of Parga to Turkey. Signed at Constantinople, 24th April, 1819.

(Translation.*)

We, by the Grace of the Supreme Master of Empires, of the immutable Founder of the Solid Edifice of the Caliphat, and by the miraculous influence of the Model of Saints, of the Sun of the two Worlds, our Great Prophet Mahommed Mustapha, as well as by the co-operating- assistance of his Disciples and Successors, and the whole series of the Saints.

(Seal.)

Sultan, son of a Sultan, and Emperor, son of an Emperor, Mahmoud Han, Conqueror, son of Abdulhamyd Han, Conqueror, son of Ahmed Han, Conqueror, whose noble diplomas are decorated with the Sovereign title of Sultan of the two Worlds, and the Supreme Acts with the name of Emperor of the two Seas, and whose duties, belonging to our Imperial dignity, are the adminis- tration of justice, the care of governing well, and the security of the repose of our Peoples, Master and Guardian of the most noble of the Towns of the Universe, towards which the good wishes of all nations are directed, the two sacred cities of Mecca and Medina, of the internal Sanctuary and of the Holy Land, Supreme Caliph of the vast regions and provinces situated in Anatolia and Roumelia, in the White and Black Seas, in Arabia, in Chaldea, and glorious Sovereign over numberless fortresses, castles, places, and towns :

Declare :

That, considering the perfect intelligence and perpetual friend- ship between our Sublime Porte of eternal duration, and the most glorious among the great Princes, believers in Jesus Christ, the model of the august personages of the nation of the Messiah, the reconciler of the interests of the States of Christian Nations, decorated with, the robes of Majesty and Glory, and covered with the marks of grandeur and of high renown ; His Majesty, our most esteemed, ancient, intimate, loyal, and constant friend, the King (Padichah) of the United Kingdom of Great Britain and

* For French version, see " State Papers," vol. vii., p. 832.

579 2 p 2

24 April, 1819.] TURKEY. [No. 91

[Ionian Islands and Pargra.]

Ireland, and of a great number of countries depending" thereon, George III., whose end may it be glorious, both Courts actuated by the most perfect and eager desire of confirming the bases of friendship, and of strengthening more and more the ties of good understanding and intimacy between them.

Therefore, it is of public notoriety that the districts of Prevesa, Vonitza, Butrinto, and Parga, situated in the neighbourhood and on the coasts of Albania, one of the Imperial Provinces, having, in times past, by the wise measures of our Sublime Porte, come into our possession and annexed to our Imperial States, one of those districts, Parga, on account of certain vicissitudes had passed into other hands, and after some time was delivered by Great Britain.

It is equally well known that that District having been reckoned among the States of our illustrious Empire, the Court of England, whose loyalty towards our Sublime Porte is as clear as the day, and whose proofs of sincere friendship multiply more and more, has just made over to our Sublime Porte the Place of Parga, with all its Dependencies and Appurtenances, and as the Islands of Corfu, Cephalonia, Zante, St. Maura, Ithaca, and Cerigo, known under the name of the United Seven Islands, as well as" the small Islands depending thereon, and some of which are inhabited and others desert, have also in times past been under the Sovereignty of our Sublime Porte, and recognised as being its tributaries and under its protection, and thus tlnrmgh the circum- stances of the times that state of things has undergone a change ; and that finally those Islands have also passed into the hands of Great Britain, this Court has signified that, with the exception of the four districts above-mentioned, which form part of our Imperial States, the said Islands have been placed under the immediate and exclusive Protection of His Majesty the King (Padichah) of Great Britain, according to the arrangements made solely on the subject of the above Islands, between the Four Great Powers [5th November, 1815] (No. 39).

Consequently, the said Court of England has amicably requested that in future His Majesty should be recognised as the Sovereign Protector of those Islands, and that their inhabitants shall be considered as Protected Subjects ; that the same treatment shall be extended to them as to British subjects, and that when the said subjects may wish to frequent the States of the Turkish Empire, and to transact commercial business there, they may be free from all impediment and molestation ; that their affairs may

580

No. 91] TURKEY. [24 April, 1819.

[Ionian Islands and. Parga.]

be treated according to the Capitulations and Stipulations observed in favour of the other subjects of His Britannic Majesty, and they themselves may be received with cordiality and kindness.

Therefore, the English Court, from the most remote times, the intimate friend of our Sublime Porte, and having also in this instance, from the regard which she has manifested in restoring the Place of Parga, manifested its friendly and just conduct, and given new proofs of its uprightness, as well as of its love that harmony and good harmony should exist between us ; we are perfectly satisfied therewith, and our Sublime Porte accepts and Ratifies that friendly request on the grounds specified.

She therefore recognises from henceforth the Inhabitants of the above-mentioned Islands, as being as above stated Protected Subjects of the Court of Great Britain ; and our Sublime Porte promises and engages that the same Capitulations and Stipula- tions which are observed in favour of the other British subjects, shall be punctually executed at all times towards the inhabitants of the Seven Islands.

Those from among them who may be in Ottoman countries, and who may have acquired lands, immovable property, and possessions of a similar nature, and who in peaceably transacting their commercial affairs may wish to accept of their own accord the condition of Rayah, shall be reckoned as such ; if, on the contrary, they do not wish to remain, but would prefer returning to their Islands, by selling their lands and estates, our Sublime Porte will give its consent, giving them twelve months to dispose of their estates and to settle their affairs ; and engages to treat them as real British subjects.

The whole of the above having been agreed to between the two Courts, and His Britannic Majesty's Ambassador Extra- ordinary and Plenipotentiary, Sir Robert Liston, may his end be happy, having engaged to procure the Ratification of his Court within a few months, it is clear and evident that all those points will be accepted, and maintained on our Imperial part ; and so long as nothing to the contrary takes place on the part of the English Court, there is no reason to apprehend that any circumstance will arise contrary thereto on the part of our Sublime Porte.

24th April, 1819.

581

21 May, 1819.] PRUSSIA & MECKLENBURG-STRELITZ. [No. 92

[Territorial.]

NO. 92.— TERRITORIAL TREATY between Prussia and Mecklenburg-Strelitz. Signed at Berlin, 2\st May, 1819.

Art. Table.

Preamble. Reference to Vienna Congress Treaty of 9th June, 1815, and to Treaty of 18th September, 1816.

1. Renunciation by Mecklenburg- Strelitz in favour of Prussia of Territory

in Cantons of Cronenburg, Beijerscheid, and Schleiden.

2. Acceptance of renunciation by Prussia. Pecuniary Indemnity to Hesse-

Darmstadt.

3. Revenues arising from the Territory allotted to Grand Duke replaced by

tne Interest arising from the Pecuniary Indemnity.

4. Cession to Hesse-Darmstadt of high road leading from Fiirstenburg to

Strelitz, as well as the Territorial Forest enclosed between the said Road and the present Frontier of the Grand Duchy. Indemnity to be given to Prussia.

5. Acceptance of Indemnity by Prussia. Prussian Subjects to have free

use of the Road.

6. Ratifications.

(Translation.)

Preamble. Reference to Vienna Congress Treaty of Wi June, 1815, and to Treaty of 18th September, 1816.

In consequence of the Lands, which, in execution of Articles XLIX. and L. of the Act of the Congress of Vienna (No. 27), were ceded by the Treaty of the 18th September, 1816 (No. 61), to His Royal Highness the Grand Duke of Mecklenburg-Strelitz, by His Majesty the King of Prussia, being remote and separate from the ancient Dominions of His Royal Highness, and being completely surrounded moreover by His Majesty's Territories ; the Two High Contracting Powers have expressed their desire to agree upon a more suitable and advantageous arrangement, which they had expressly reserved to themselves the power of doing by Article III. of the above Treaty; and the Negotiations which have been entered into subsequently to that Treaty, having led to a preliminary understanding upon the subject ;

His Majesty the King of Prussia has appointed and empowered on his part M. Jordan, actual Privy Councillor of the Embassy, and Envoy to the Royal Court of Saxony, conjointly with M. Hoffman, actual Chief Privy Councillor of the Regency ;

And His Royal Highness the Grand Duke of Mecklenburg-

582

No, 92] PRUSSIA & MECKLENBURa-STRELITZ. [21 May, 1819.

[Territorial.]

Strelitz, on his part, M. Greuhm, Resident-Minister, and Privy Councillor of the Embassy, formally to conclude the above reserved arrangement.

In consequence whereof, the said Plenipotentiaries, after having duly exchanged their respective Full Powers, which were found to be in due form, have agreed upon and concluded the following Articles.

Arts. I. to VI. (See Table.)

In witness whereof, the undersigned Plenipotentiaries have signed, with their own hands, the present Treaty, and have affixed thereunto their Seals.

Berlin, 21st May, 1819.

(L.S.) VON JORDAN. (L.S.) GREUHM.

(L.S.) HOFFMAN.

583

10 July, 1819.]. AUSTRIA AST) BADEN. [No. 93

[.Wertheim and Geroldseck.]

No. 93.— TERRITORIAL CONVENTION between Austria and the Grand Duchy of Baden. Signed at Franhfort. 10th July, 1819.

[This Treaty formed Annex IX. to the General Treaty of Frank- fort of 20th July, 1819.]

Art. Table.

Preamble. Territorial Arrangements of Germany.

1. Cession by Baden to Austria of part of Bailiwick of Wertheim.

2. Cession of Geroldseck by Austria to Baden.

3. Date of taking possession of ceded States.

4. Delivery of Archives, Maps, Plans, and Documents.

5. Ratifications.

(Translation as laid before Parliament."')

In the Name of the Most Holy and Undivided Trinity.

Preamble. Territorial Arrangements of Germany.

The Arrangement of the Territorial Affairs of Germany having required, in their definitive application, some exchanges of terri- tory between His Majesty the Emperor of Austria and His Royal Highness the Grand Duke of Baden, Plenipotentiaries have been appointed for that purpose, viz. :

On the part of His Imperial and Royal Apostolic Majesty, the Sieur John Philip Baron de Wessenberg, Chamberlain and Privy Councillor of His said Imperial and Royal Apostolic Majesty, &c.

And on that of His Royal Highness the Grand Duke of Baden. the Sieur Charles Christian Baron de Berckheim, Minister of State of His Royal Highness the Grand Duke of Baden, His Envoy at the Diet of the Serene Germanic Confederation, and His Pleni- potentiary to the Territorial Commission, &c.

Who, after having exchanged their Full Powers, and found them in good and due form, have agreed to the following Articles :

Cession by Baden to Austria of pari of Bailiwick of Wertheim.

Art. I. His Royal Highness the Grand Duke of Baden, for Himself, His Heirs and Successors, gives up to His Imperial and Royal Apostolic Majesty that part of the Lower Bailiwick of Wertheim situated on the north of the road from Lengfurth to

* For French version see " State Papers" vol. vii., p. 60.

581

No- 93] AUSTRIA AND BADEN. [10 July, 1819.

[Wertheim and Geroldseck.]

Wurzburg, and enclosed (enclave) in the Bavarian territories, com- prising' the Communes and Banlieus of Anspach, Birkenfeld, Erlach, Greusenheim, Karbach, Maria-Bnchen, Pflochsbach, Roden, Sen- delbach, Steinfeld, Waldzell, and Zimmern, with all the rights apper- taining to His Royal Highness over that district.*

Cession of Geroldsech by Austria to Baden.

Art. II. In exchange for the district described in the pre- ceding Article, His Imperial and Royal Apostolic Majesty gives up to His Royal Highness the Grand Dnke of Baden, to be possessed by Him, His Heirs and Successors, the County of Geroldseck enclosed (enclave) in the States of Baden, as it was possessed by Austria, in virtue of Article LI. of the General Treaty of the Congress of Vienna (9th June, 1815, No. 27). f

Date of taking possession of ceded States.

Art. III. The reciprocal transfer of the districts described in the two preceding Articles shall take place immediately after the exchange of the ratifications of the present Convention, and the said territories shall belong to the new Proprietors, with the revenues thereof, from the day of their coming into possession.

Delivery of Archives, Maps, Plans, and Documents.

Art. IV. All archives, maps, plans and documents whatsoever appertaining to the countries respectively ceded and exchanged, or relating to the administration thereof, shall be faithfully delivered up at the same time with the territories, or if this transfer cannot immediately take place, it shall at farthest be completed within three months, after obtaining possession of the territory.

Ratifications.

Art. V. The present Convention shall be ratified, and the Ratifications exchanged at Frankfort on the Mayne within the space of six weeks, or sooner if possible.

In testimony whereof the respective Plenipotentiaries have hereunto affixed their Hands and Seals.

Done at Frankfort on the Mayne, the 10th of July, 1819.

(L.S.) LE BARON DE WESSENBERG. (L.S.) LE BARON DE BERCKHEIM,

* See also General Treaty of 20th July, 1819, Art. II. t Ibid., Art. VIII.

585

10 July, 1819.] GREAT BRITAIN, &c, AND BADEN. [No. 94

[Grand Duchy of Baden.]

No. 94. — TREATY between Great Britain, Austria, Prussia, Russia, and the Grand Duchy of Baden. Signed at Frankfort, 10th July, 1819.

[This Treaty formed Annex X. to the General Treaty of Frank- fort of 20th July, 1819.]

Art. Table.

Preamble. Reference to Treaty of Frankfort of 1813.

1. Additional Articles to Treaty of 20th November 1813, revoked. Recog-

nition of Grand Duchy of Baden.

2. Right of Succession.

3. Ratifications.

(Translation as laid before Parliament.*) In the Name of the Most Holy and Undivided Trinity.

Preamble. Reference to Treaty of Fran I- fort o/"l813.

His Majesty the King of the United Kingdom of Great Britain and Ireland, His Majesty the Emperor of Austria, King of Hungary and Bohemia, His Majesty the King of Prussia, and His Majesty the Emperor of all the Russias, King of Poland, after having again maturely deliberated upon the proposals and con- tinued endeavours of His Royal Highness the Grand Duke of Baden to be freed from the onerous clauses of the- Treaty of Frankfort of the year 1813f, as well as upon the Negotiations that have taken place with regard thereto, and desiring to terminate the suspense that has unto the present day existed with respect to the stale of possession of the Grand Duchy, have agreed, with one accord, that their respective Plenipotentiaries at the Territorial Commission of Frankfort, viz. :

On the part of His Majesty the King of the United Kingdom of Great Britain and Ireland, the Right Honourable Richard le Poer Trench Earl of Clancarty, Viscount Dunlo, Baron Kilconnel, Baron Trench of Garbally of the United Kingdom of Great Britain and Ireland, Member of His Majesty's Privy Council of Great Britain and of Ireland, one of the Lords of the Committee for the Affairs of Trade and Plantations, Colonel of the Regiment of Galway Militia, Ambassador Extraordinary and Plenipotentiary

* For French version, see "State Papers," vol. vii., p. 61. t 20th November, 1813, annulled.

586

NO. 94] GREAT BRITAIN, &c, AND BADEN. [10 July, 1819,

[Grand Dvichy of Baden.]

of His said Majesty to His Majesty the King of the Netherlands, &c. ;

On that of His Majesty the Emperor of Austria, King* of Hungary and of Bohemia, the Sieur John Philip Baron de Wessenberg, Chamberlain and Privy Councillor of His said Im- perial and Royal Apostolic Majesty, &c. ;

On that of His Majesty the King of Prussia, the Sieur Charles William Baron de Humboldt, His Minister of State, Chamberlain, Envoy Extraordinary and Minister Plenipotentiary to His Britannic Majesty ;

On that of His Majesty the Emperor of all the Russias, King of Poland, the Sieur John d'Anstett, His Privy Councillor, Envoy Extraordinary and Minister Plenipotentiary at the Diet of the Most Serene Germanic Confederation, &c. ;

In virtue of their Full Powers, should sign with the Plenipo- tentiary or Plenipotentiaries who might be duly authorized on the part of His Royal Highness the Grand Duke, a formal Act which should annul all the conditional obligations that may remain unperformed :

And the Sieur Charles Christian Baron de Berckheim, Minister of State of His Royal Highness the Grand Duke of Baden, His Envoy at the Diet of the Most Serene Germanic Confederation, and His Plenipotentiary at the Territorial Commission, having immediately produced his Full Powers, and they being found in good and due f omi, they have agreed to the following Articles :

Additional Articles to Treaty of 20th November, 1813, revoked. Recognition of Grand Duchy of Baden.

Art. I. The Additional Articles of the Treaty of Frankfort, of the 20th 'of November, 1813,* containing an onerous clause obligatory upon the Grand Duchy of Baden are revoked, and His Royal Highness the Grand Duke, His Heirs and Successors, are for ever liberated therefrom, and the actual state of pos- session of the Grand Duchy as it exists at present is formally recognised, f

Rigid of Succession.

Art. II. The Right of Succession established in the Grand Duchy of Baden in favour of the Counts of Hochberg, Sons of the late Grand Duke Charles Frederick, is recognised in the name and on behalf of the Contracting Powers.

* Revoked. t See also General Treaty of 20th July, 1819, Art. IX.

587

10 July, 1819.] GREAT BRITAIN, 4c., AND BADEN. [No. 94

[Grand Duchy of Baden.]

Ratifications.

Art. III. The present Treaty shall be ratified and the Ratifi- cations exchanged at Frankfort within the space of three months. or sooner if possible.

A Copy of this Treaty shall be annexed to the general Keces of the Territorial Commission of Frankfort (No. 95).

In testimony whereof, the respective Plenipotentiaries have hereunto affixed their Hands and Seals, at Frankfort on the Mayne, 10th of July, 1819.

(L.S.) CLANCARTY.

(L.S.) LE BARON DE WESSENBERG.

(L.S.) LE BARON DE HUMBOLDT.

(L.S.) I. D'ANSTETT.

(L.S.) BARON DE BERCKHEIM.

588

No. 95] GREAT BRITAIN, AUSTRIA, &c. [20 July, 1819.

[Territorial Arrangements of Frankfort.]

NO. 95.— GENERAL TREATY (Reces General) between Great Britain, Austria, Prussia, and Russia. Signed at Frankfort, 20th July, 1819.

A.RT. Table.

Preamble. Territorial arrangements consequent upon the Treaties of Vienna and Paris of 1815.

1. Retrocessions by Bavaria to Austria.

2. Cessions by Austria to Bavaria.

3. Landau, a Fortress of the Germanic Confederation.

4. Cessions by Hesse-Darmstadt to Bavaria.

5. Limits between Bavaria and France.

6. Military Road to Bavarian Provinces through Baden.

7. Indemnity to Bavaria.

8. Cessions by Austria to Baden; and by Baden to Austria.

9. Additional Articles to Treaty of 23rd November, 1813, revoked. Recog-

nition of Grand Duchy of Baden.

10. Sovereignty of the Counts of Hochberg.

11. Cession to Prussia of Districts in Departments of the Sarre and the

Moselle.

12. Prussia to have full Sovereignty over districts of the Sarre and the

Moselle, except those parts ceded by Prussia to Bavaria.

13. Limits between Prussia and France, Bavaria, Saxe-Coburg, Oldenburg,

and Hesse- Hamburg.

14. Limits of Grand Duchy of the Lower Rhine.

15. Garrison of Fortress of Mentz (Mayence).

16. Appointment of Governor and Commandant of Fortress of Mentz

(Mayence) .

17. Cession of Duchy of Westphalia to Prussia.

18. Prussian Sovereignty over Counties of Wittgenstein-Wittgenstein and

Wittgenstein- Berleburg.

19. Cessions to Hesse-Darmstadt. Salt Works, &c.

20. Sovereignty of Mentz (Mayence). Mentz (Mayence) a Fortress of the

Germanic Confederation.

21. Revenues, &c, of the Fortress of Mentz (Mayence). ■

22. Civil Administration of the City of Mentz (Mayence).

23. Military Routes in Hesse-Darmstadt (Mentz, Sfe.)

24. Additional Articles to Treaty of 23rd November 1813, revoked.

25. Cessions between Hesse-Darmstadt and Hesse- Cassel.

26. Reinstatement of Hesse-Hamburg to Possessions, &c.

27. Cessions to Grand Duke of Oldenburg.

28. Cessions to Duke of Saxe-Coburg.

29. Cessions to Landgrave of Hesse-Homburg.

30. Sovereignty over Territories ceded. Title of Landgrave of Hesse- Homburg.

31. Communes accounted to be ceded with their Batilieus.

32. Military Road through Birkenfeld. Fortress of Sarrelouis.

33. Arrangement between Prussia and Mecklenburgh-Strelitz.

589

20 July, 1819.] GREAT BRITAIN, AUSTRIA, &c. [No. 95

[Territorial Arrangements of Frankfort.]

34. Cessions by France acquired by the Netherlands. Limits of the Nether-

lands. Fortresses of Philippeville and 3Iarienburg given to the Netherlands.

35. Fortress of Luxemburg a Fortress of the Germanic Confederation.

36. Appointment of Governor and Commandant of Fortress of Luxemburg

by King of Prussia, Pay, &c, of Troops.

37. Civil Administration of Netherlands in City and Fortress of Luxemburg.

Powers of Governor of the Fortress. Special Commissioner. Powers ot Governor in time of War. Oatli by Governor and Commandant.

38. Distribution of French Indemnity to Prussia, Bavaria, Netherlands, and

Sardinia for Works of Defence. Fortress of Mentz (Mayence) and Fortress on the Upper Rhine.

39. Savoy. Arrangements between France and Sardinia. Limits.

40. Communications of Geneva, Gex, Fernay, and St. Julien.

41. Cessions by Sardinia to Geneva.

42. Sovereignty over Territories detached from France.

43. Duchies of Parma, Placentia, and Guastalla. Principality of Lucca.

44. Reversion of Duchies of Parma, Placentia, and Guastalla.

45. Reversion of Principality of Lucca.

46. Garrison of Fortress of Placentia.

47. Reversion of Ducliies of Parma, Placentia, and Guastalla, in the event of

the extinction of the branch of the Infant Don Charles Louis.

48. Treaties and Accessions of the Powers.

49. French Language employed in the General Treaty.

50. Ratifications.

(Translation as laid before Parliament.*)

In the Name of the Most Holy and Undivided Trinity.

Preamble. Territorial Arrangements cojisequent upon the Treaties of Vienna and Paris o/" 1815.

The Act of the Congress of Vienna of the 9th June, 1815 (No. 27), and the Treaty of Paris of the 20th November of the same year (No. 40), containing dispositions which required Negotiations and ulterior Definitive A rrangements, their Imperial and Royal Majesties the King of the United Kingdom of Great Britain and Ireland, the Emperor of Austria, King of Hungary and Bohemia, the King of Prussia, and the Emperor of All the Rnssias, King of Poland, have named Plenipotentiaries to accomplish that object. Being now desirous of embracing in one common Transaction the results of the several Negotiations which have taken place in this respect, in order to invest them with the requisite Ratifications, they have empowered their Plenipotentiaries to comprise in a general Instrument all the particular Stipulations, and to join to this Act, which is to be intituled The General Treaty of the Territorial Commission

* For French version, see " State Papers," vol. vii., p. 3.

590

No. 95 j GREAT BRITAIN, AUSTRIA, &c. [20 July, 1819.

[Territorial Arrangements of Frankfort.]

assembled at Frankfort (" Reces General cle la Commission Terri- torials rassemblee d Francfort "), all the Conventions which relate to it.

In pursuance whereof, the respective Plenipotentiaries, viz. on the part of His Majesty the King of the United Kingdom of Great Britain and Ireland, the Eight Honourable Richard le Poer Trench, Earl of Clancarty, Viscount Dunlo, Baron Kilconnel, Baron Trench of Garbally of the United Kingdom of Great Britain and Ireland, one of His Majesty's Most Honourable Privy Council of Great Britain and also of Ireland, Member of the Committee of the former for the Affairs of Trade and of Plantations, Colonel of the County of Galway Regiment of Militia, Ambassador Extraordinary and Plenipotentiary of His said Majesty to the King of the Netherlands, &c.

On that of His Majesty the Emperor of Austria, King of Hungary and Bohemia, the Sieur John Philip Baron of Wessen- berg-, Chamberlain and Acting Privy Councillor of His said Imperial and Roj^al Apostolic Majesty, &c.

On that of His Majesty the King of Prussia, the Sieur Charles William Baron of Humboldt, His Minister of State, Chamberlain, Envoy Extraordinary and Minister Plenipotentiary to His Britannic Majesty, &c.

On that of His Majesty the Emperor of All the Russias, King of Poland, the Sieur John D'Anstett, his Privy Councillor, Envoy Extraordinary and Minister Plenipotentiary to the Most Serene Germanic Confederation, &c, who, after having respectively verified their Full Powers which were found to be in good and due form, have agreed . to admit the following Articles into the present General and Definitive Instrument, and to execute the same by subscribing thereto :

Retrocessions by Bavaria to Austria.

Art. I. His Imperial and Royal Apostolic Majestj' shall pos- sess in full Property and Sovereignty for Himself, His Heirs and Successors the undermentioned Countries retroceded by His Majesty the King of Bavaria by virtue of the Treaty signed at Munich the 14th April, 1816 (No. 53), which is annexed to the present General Treaty, viz. : —

1st. The Innviertel, and the parts of the Ilausruckviertel, in the same state as the said countries were ceded by Austria in 1809.

2d. The Duchy of Saltzburg, such as it was possessed by Austria in 1809, with the exception of the Bailiwicks of Waging,

591

20 July, 1819.] GREAT BRITAIN, AUSTRIA, &c. [No. 95

[Territorial Arrangements of Frankfort.]

Tittmaning", Teisendorff and Laiifen, in as far as the same are situated on the left bank of the Salzach and of the Saale ; the said Bailiwicks such as they are above described shall remain with Bavaria.

3d. The Tyrolian Bailiwick of Vils.

Cessions by Austria to Bavaria.

Art. II. In return for the Retrocessions specified in the first Article of the present General Treaty, His Majesty the King of Bavaria shall possess in full Property and Sovereignty, for Him- self, His Heirs and Successors the undermentioned countries ceded by His Imperial and Royal Apostolic Majesty, viz. :

1st. On the right bank of the Rhine —

A. The Bailiwicks of Hammelbourg (heretofore belonging to the country of Fulda) including therein Tulba and Salek of Briickenau with Motten, the Bailiwick of Weihers, with the ex- ception of the villages of Melters and Hattenrodt, which Baili- wick having belonged to Prussia in pursuance of Article XL. of the Act of the Congress of Vienna (9th June, 1815, No. 27), was exchanged for that of Salmiinster, Urzel, Sannerz and the Hntten'sche-Grund, which became a possession of the Electorate of Hesse, together with that part of the Bailiwick of Bieberstein, which comprises the villages of Batten, Brand, Dietges, Findlos, Liebhardt, Melperz, Ober-Bernhardt, with the hamlets of Stein- bach, Saiffert and Thaiden.

B. The Bailiwick of Redwitz enclosed (enclave) in the Bavarian Territory, and ceded by His Imperial and Royal Apostolic Majesty.

C. That part of the Bailiwick of Wertheim situated to the north of the road from Lengfurth to Wurzburg, in the state it was ceded by His Royal Highness the Grand Duke of Baden in virtue of the Treaty of the 10th July, 1819 (No. 93), annexed to the present lleces.

2d. On the left bank of the Rhine.

A. Belonging to the former Department of Mont Tonnerre. 1st. The Arrondissements of Deux-Ponts, Kaiserslautern and

Spire: excepting from the latter the Cantons of Worms and Pfeddersheim.

2d. The Canton of Kircheim-Poland in the Arrondissement of Alzey.

B. Belonging to the former Department of the Sarre — The

592

No. 95] GREAT BRITAIN, AUSTRIA, &c. [20 July, 1819.

Territorial Arrangements of Frankfort.]

Cantons of Waldmohr and Bliescastel, of Kusel, with the excep- tion of Schwarzerden, Reichweiler, Pfeffelbach, Ruthweiier, Burglichtenberg, and Thal-Lichtenberg* ; in the Canton of St. Wendel, — Saale, Niederkirchen, Bubach, Marth, Hof and Oster- briicken ; in the Canton of Grumbach, — Eschenau and St. Julien.

C. The Cantons of Landau, Bergzaberu and Langenkandel, together with all that part of the Department of the Lower Rhine on the left bank of the Lauter, which was ceded by France in the Treaty of Paris of the 20th November, 1815 (No. 40).

It is understood that all the Communes hereinbefore described, are considered to be ceded with their Banlieus.

Landau, a Fortress of the Germanic Confederation.^

Art. III. The Town of Landau is declared, according to the military rescript, a Fortress of the Germanic Confederation ; but this disposition can in no respect affect the right of Sovereignty over the said Town which has devolved upon His Bavarian Majesty.

Cessions by Hesse- Darmstadt to Bavaria. Art. IV. His Majesty the King of Bavaria shall in like manner unite to His Dominions the Bailiwicks of Miltenberg, Amorbach, Heubach and Alzenau, in the state they were ceded by His Royal Highness the Grand Duke of Hesse in consequence of the Negotiations of the Territorial Commission of Frankfort ; and by virtue of the Treaty of the 30th of June, 1816 (No. 58), which is annexed to the present Reces.

Limits between Bavaria and France.

Art. V. The Line of Demarcation between the Bavarian Dominions on the left bank of the Rhine and France, follows the boundary which, according to the Treaty of Paris of the 20th November, 1815 (No. 40), separates Germany from the depart- ments of the Moselle and of the Lower Rhine as far as the Lauter, which then forms the frontier until it empties itself into the Rhine.

The Town of Weissenburg, through which the Lauter passes, shall nevertheless belong entirely to France, together with a radius on the right bank of the river, which shall not exceed 1,000 yards (toises).

* See Art. XXV III., and Treaty of 1st July, 1816. f See Note, page 5.

593 2 q

20 July, 1819.] GREAT BRITAIN, AUSTRIA, &o. [No. 95

[Territorial Arrangements of Frankfort.]

Military Road to Bavarian Provinces through Baden.

Art. VI. A Military Road shall be established in the direction of Wurzburg, leading to the Bavarian Provinces on the left bank of the Rhine, through the territories of His Royal Highness the Grand Duke of Baden.

This road shall be so formed as to be as little burthensome as possible to the Grand Duchy, and the arrangements to be made for this purpose are reserved for a particular Convention between His Majesty the King of Bavaria and His Royal Highness the (hand Duke of Baden.

Indemnity to Bavaria.

Art. VII. The Stipulations, Cessions, Retrocessions, Condi- tions, and Clauses contained in the Treaty of Munich of the 14th of April, 1816 (No. 53), having been ratified, and the Ratifications having been confirmed by the taking possession and peaceable enjoyment of the countries so acquired or exchanged, with the exception of that part of the Bailiwick of Wertheim, described in Article II. of the present Beces, which depended on the negotiation entrusted to the Commission of Frankfort, the Articles which composed that Treaty (No. 53) have been annexed to the present JReces.

Article IV. of the Treaty had in view a particular determination which is to the following effect : —

" The Contiguity of the Acquisitions which Bavaria is to make in exchange for the Retrocessions above-mentioned, being a Stipu- lation of the Treaty of Ried,* His Majesty the Emperor of Austria acknowledges the right of His Majesty the King of Bavaria to an Indemnification, having waived the principle of Contiguity."

u This Indemnification shall be settled at Frankfort, at the same time and in the same manner as the -other Territorial Arrangements of Germany."

" For this purpose His Majesty the Emperor of Austria engages to give to His Majesty the King of Bavaria an Indemnification, which has been regulated by mutual consent, up to the period of the efficacious result of the Negotiation at Frankfort, when Bavaria might have been put in possession of the Indemnification for her Renunciation of the Contiguity."

The Negotiations at Frankfort have consequently had in view the realization of an Indemnification to Bavaria for having waived her claim to the Contiguity of Her Possessions ; but the Indem-

* 8th October, 1813, sec Appendix. 594

No. 95] GREAT BRITAIN, AUSTRIA, &c. [20 July, 1819.

[Territorial Arrangements of Frankfort.]

nificatioii obtained in consequence of these Negotiations (although a fair equivalent for the point conceded), having been rejected by- Bavaria, the high Contracting Parties consider themselves as entirely freed from their engagements with the Court of Bavaria, inasmuch as those engagements were entirely conditional, and that they have done every thing in their power towards their ful- filment.

Wherefore Article IV. aforesaid, and (consistently with the same principle), the Additional Articles which may have been annexed to the said Treaty of Munich, cease to be binding, nor can any longer be considered to be so, in any case, nor at any period, in any relation or co-relation, in favour, or contrariwise of any party whatever. The state of possession, such as it is fixed by the present Reces, being formally acknowledged by the Con- tracting Parties.

Nevertheless, His Imperial, Royal and Apostolic Majesty, con- verts into a perpetual yearly revenue the conditional and tem- porary Rente of 100,000 florins, which, according to the Negotia- tions that took place at Munich in the year 1816, he at present pays to Bavaria.

Cessions by Austria to Baden, and by Baden to Austria.

Art. VIII. His Imperial, Royal and Apostolic Majesty, for Himself, His Heirs and Successors cedes to His Royal Highness the Grand Duke of Baden, the County of Geroldseck,* devolved to Austria in virtue of Article LI. of the Act of the Congress of Vienna of the 9th June, 1815 (No. 27).

His Royal Highness the Grand Duke of Baden, in exchange for this Cession, places at the disposal of His Imperial, Royal and Apostolic Majesty, that part of the Bailiwick of Wertkeim* which is specified in Article II. of the present Reces/r

Additional Articles to Treat// of 23rd November, 1813, revoked. Recognition of Grand Duchy of Baden.

Art. IX. The Additional Articles of the Treaty of Frankfort

of the 23rd November, 1813, \ containing an onerous clause on the

Grand Duchy of Baden, are revoked. His Royal Highness the

Grand Duke, His Heirs and Successors, are for ever released

therefrom, and the actual state of possession of the Grand Di.chy

at the present time is formally acknowledged. f

* See also Treaty between Austria and Baden, of 10th July, 1819.

f See also Treaty between Great Britain, &c., and Baden, of 10th July, 1819.

J See Appendix.

595 2 q 2

20 July, 1819.] GREAT BRITAIN, AUSTRIA, &c. [No. 95

[Territorial Arrangements of Frankfort.]

Sovereignty of the Counts of Hochberg.

Art. X. The right of Succession established in the Grand Duchy of Baden, in favour of the Counts of Hochberg', sons of the late Grand Duke Charles Frederick, is acknowledged for and in the name of the Contracting Powers.

The Treaty containing' the two preceding Articles IX. and X. is annexed to the present Reces.

Cession to Prussia of Districts in Departments of the Sarre and the

Moselle. Art. XI. His Majesty the King of Prussia shall possess for Himself, His Heirs and Successors, in full Sovereignty and Pro- perty, the Districts in the Departments of the Sarre and the Moselle, which, in virtue of the Treaty concluded at Paris the 20th of November, 1815 (No. 40), have been ceded by His Most Christian Majesty to the Powers who signed the said Treaty.

Prussia to have full Sovereignty over Districts of the Sarre and the Moselle, except those parts ceded by Prussia to Bavaria. Art. XII. His Majesty the Emperor of Austria, having ceded to His Majesty the King of Prussia the Districts which His Imperial, Royal and Apostolic Majesty possessed, in virtue of Article LI. of the Act of the Congress of VieDna of the 9th of June, 1815 (No. 27), in the Department of the Sarre, including therein the portions on the right bank of the Moselle which belonged heretofore to Luxemburg, as well as the Districts of the Department of the Moselle, ceded by His Most Christian Majesty by the Treaty of Peace of Paris of the 30th of May, 1814 (No. 1), with the exception nevertheless of those belonging to the terri- tories, which, according to Article II. of the present Feces, pass under the Dominion of His Majesty the King of Bavaria ; — His Prussian Majesty shall possess the said Districts, for Himself, His Heirs and successors, in full property and Sovereignty, in so far as His said Majesty shall not have disposed of them by Articles XXVIL, XXV1IL, and XXIX. of the present Reces, in order to fulfil the Engagements contracted by Articles XLIX. and L. of the Act of the Congress of Vienna (No. 27).

Limits between Prussia and Prance, Bavaria, Saxe-Coburg,

Oldenburg, and Hesse-Homburg. Art. XIII. In conformity with this twofold disposition, and in consequence of the cessions made, the frontier of the Prussian States shall henceforth be as follows : —

59G

No. 95 J GREAT BRITAIN, AUSTRIA, &c. [20 July, 1819.

[Territorial Arrangements of Frankfort.]

Limits between Prussia and France.

On leaving the confluence of the Moselle with the Sarre, which formed the extremity of the Prussian limits, as described by Article XXV. of the Act of the Congress of Vienna (No. 27), it shall re-ascend the Moselle as far as the vicinity of Perle, which shall be transferred to Prussia, from thence it shall take its direc- tion upon Launsdorf, Walwich, Schardorff, Niederweiling, Pell- weiler, all these places remaining with their Banlieus to France, as far as Houvre ; from which place, it shall follow the ancient limits of the country of Sarrebriick, leaving Sarrelouis and the course of the Sarre, with the places situated to the right of the line above described, that is to say, situated on the side of the late depart- ment of the Sarre, together with then Banlieus, to the Prussian Monarchy. The line of demarcation shall continue, from the boundaries of the country of Sarrebriick, to be the same as the one which, according to Article I. of the Treaty of Peace concluded at Paris the 20th of November, 1815 (No. 40), separates France from Germany as far as Blies-Rauschbach, so that all which, as far as the said point, according to the Article above cited, forms part of Germany, shall henceforward be possessed by His Prussian Majesty.

Limits between Prussia and Bavaria.

From the point whereat the frontier of France terminates, near Blies-Rauschbach belonging to Prussia, as far as the village of Braitenbach, which forms part of the Bavarian dominions, the frontier which separates the Cantons of Arneval, Ottweiler and St. Wendel, on the Prussian line of the Cantons of Blies-Castel and Waldmohr, making part of the Bavarian territory, shall form the boundary between the States of their Majesties the Kings of Prussia and of Bavaria. It is understood that the frontiers of the late Cantons, which, in consequence of what is herein stipulated, form the boundary between the Prussian and Bavarian territories, are the same as they were at the period of concluding the Treaty of Peace of Paris of the 30th May, 1814 (No. 1).

Limits between Prussia and Saxe-Coburg. From Braitenbach, the new frontier shall pass across the Cantons of Ottweiler, Tholey and St. Wendel, in such wise as to leave, of the first, the Communes of Werschweiler, Doerrenbach, the Farm of Werthshausen, together with the Communes of Steinbach, Niederlinxweiler, Reniesweiler, Mainzweiler, and Urex- weiler ; and of the second, the Communes of Namborn, Gnides-

597

20 July, 1819.] GREAT BRITAIN, AUSTRIA, &c. [No. 95

[Territorial Arrangements of Frankfort.]

weiler, Gronig, Offenbach, with Oberthal, Iminweiler, Elmeren Bliesen, Niederhofen, Winterbach, Alzweiler, and Marpingen the whole with their Banlieus, to His Serene Highness the Duke of Saxe-Coburg ; and the rest of these Cantons to remain under the Prussian Dominion ; but in the Canton of St. Wendel, the Com- munes of Hasborn,Dautweiler,and Theley, only, with their Banlieus, shall become part of the Prussian territory ; the rest of the said Canton belonging partly to the House of Saxe-Coburg, and partly to that of Oldenburg.

Limits between Prussia and Oldenburg. From thence the frontier shall cross the Cantons of Wadern and Hermeskeil, leaving in the first, the Communes of Neunkirchen, Selebach, Gonnesweiler and Ey weiler; in the second, those of Soetern, Boosen and Schwartzenbach, the whole with their Banlieus to His Royal Highness the Grand Duke of Oldenburg ; the rest of these Cantons to form part of the Prussian territory : it shall then pass between the Canton of Hermeskeil and that of Birkenfeld (the whole of the latter belonging to the territory of Oldenburg), and shall intersect the Canton of Herrstein and of Rhaunen, so that the first shall belong to His Royal Highness the Grand Duke of Oldenburg, with the exception of the Communes of Hottenbach, Hellertshausen, Asbach, Schauren, Kempfeld and Bruckweiler, which, with their Banlieus remain to Prussia ; and, that the second, that of Rhaunen, shall continue under His Prussian Majesty's dominion, excepting the Commune of Bonden- bach and its Banlieu, which constitutes a part of the Oldenburg territory.

Limits between Prussia and Hesse-Homburg.

When the new boundary shall, in the manner described, have reached the limits which separated the department of the Sarre from that of the Rhine and Moselle, on the 30th of May, 1814 (No. 1), it shall follow the same line towards the confluence of the Glan with the Nahe, separating from the Prussian territory a part of the Canton of Herrstein, which, as is before stated, belongs to the Grand Duke of Oldenburg, and the Canton of Meisenheim, which passes to His Serene Highness the Land- grave of Hesse-Homburg. At the confluence of the two above- mentioned rivers, the new frontier shall fall within the limits prescribed by Article XXV. of the Act of the Congress of Vienna (No. 27), and acknowledged in the present Reces.

598

No. 95] GKEAT EEITAIN, AUSTRIA, &c. [20 July, 1819.

[Territorial Arrangements of Frankfort.]

Limits of Grand Duchy of the Lower Rhine. Art. XIV. His Majesty the King- of Prussia unites to nis Grand Duchy of the Lower Rhine, all the districts and territories included in the limits described in the preceding Article.

Garrison of Fortress of Mentz {Mayence). Art. XV. The right of garrisoning the Portress of Mentz (Mayence), is common to His Majesty the Emperor of Austria and His Majesty the King of Prussia. The garrison of this place shall be formed of an equal number of Austrian and Prussian troops. His Royal Highness the Grand Duke of Hesse, shall participate in the same right by furnishing one battalion of infantry.

Appointment of Governor and Commandant of Fortress of Mentz

(Mayence). Art. XVI. In pursuance of the foregoing Article their Majesties the Emperor of Austria and the King of Prussia, shall exercise the right of appointing the Governor and the Commandant of the Fortress of Mentz (Mayence) alternately every five years, and in such wise as that when the post of Governor shall be occupied by an Austrian General, that of Commandant shall be held by a Prussian General, and vice versa. It is more- over agreed that the direction of the Artillery shall belong as heretofore to Austria, and that of the Engineers to Prussia.

Cession of Duchy of Westphalia by Hesse-Darmstadt to Prussia. Art. XVII. His Royal Highness the Grand Duke of Hesse cedes to His Majesty the King of Prussia, the Duchy of West- phalia, such as it was possessed by His Royal Highness at the date of the signature of the Final Act of the Congress of Vienna of the 9th of June, 1815 (No. 27), to belong to His Majesty, His Descendants and Successors in full Property and Sovereignty.*

Prussian Sovereignty over Counties of Wittgenstein-Wittgenstein and Wittgenstein-Berkburg. Art. XVIII. His Royal Highness the Grand Duke of Hesse renounces all Sovereign and feudal Rights over the counties of Wittgenstein-Wittgenstein and Wittgenstein-Berleburg,f for Himself, His Descendants and Successors, in favour of His Majesty the King of Prussia. These possessions shall be placed

* See also Treaty of 10th June, 1815.

t See Treaties of 10th June, 1815 ; 3rd November, 1815 ; 30th June, 1816 ; and 12th March, 1817.

599

20 July, 1819.] GREAT BRITAIN, AUSTRIA, &c. [No. 95

[Territorial Arrangements of Frankfort.]

in the same relations towards the Prussian Monarchy, as those established by the Federative Constitution of Germany for the mediatised territories.

Cessions to Hesse-Darmstadt. Salt Works, fyc.

Art. XIX. In return for the cessions and renunciations made by the Grand Duke of Hesse, His Royal Highness shall possess i'( >r I limself, His Heirs and Successors :

1st. In full Sovereignty ; — the territories of the Prince anil of bh< Counts of Isenburg, including the villages of Heusenstamm and Eppertshausen, with the exception, however, of the districts ceded to His Royal Highness the Elector of Hesse, by virtue of Article XXV. of the present Reces: also in full Sovereignty The possessions of the Count of Solms-Rodelheim, and of the Count of Ingelheim, which formed part of the late Canton of Frankfort, which possessions and villages shall be placed in the same relations towards the Grand Duchy of Hesse, as those established by the Federative Constitution of Germany for the mediatised territories.

The relations of the Counts of Isenburg, with the Prince of Isenburg, shall be re-established on the footing on which they stood prior to the Rhenish Confederation, provided always, that all the rights of Sovereignty shall belong solely to their Royal I Uglinesses the Elector and the Grand Duke of Hesse, in con- formity with Article XXV. above mentioned.

2nd. In full Property; — the Salt Works situated in the Banlieu of Kreutznach, as well as the Salt Springs which apper- tained thereto at the period of the signature of the Act of the Congress of Vienna of the 9th of June, 1815 (No. 27). The Salt Work called that of Munster, being- private property, is expressly excepted. The Sovereignty of all these Salt Works shall remain with His Prussian Majesty.

Further Cessions to Hesse-Darmstadt.

Art. XX. His Royal Highness the Grand Duke of Hesse His Heirs and Successors, shall possess in full Property and Sovereignty;

1st. The Circle of Alzey, with the exception of the Canton of Kirchheim-Poland, and the Cantons of Pfeddersheim and of Worms in the Circle of Spires, such as they were on the 3rd of November 1815, under the Administration established at Worms ; and so that the Boundaries of the Prussian States where they touch on the Circle of Alzey, shall remain as they were fixed by Article XXV.

600 "

No. 95] GKEAT BRITAIN, AUSTRIA, &c. [20 July, 1819.

[Territorial Arrangements of Frankfort.]

of the Act of the Congress of Vienna of the 9th of June, 1815 (No. 27).

Sovereignty of J\[entz (^Mayenee). Mentz (Mayence), a Fortress

of the Germanic Confederation.

2nd. The City and Territory of Mentz (Mayenee), including therein Cassel and Kostheim, with the exception of all that con- stitutes the Fortress, which is declared to be a Fortress of the ( lernianic Confederation.

Revenues, fyc, of the Fortress of Meat: [Mayenee).

Art. XXI. All the Works, Buildings, Lands, and Revenues which belonged to the Fortress of Mentz at the date of its delivery to the Allied Troops, in execution of the Convention of the 23rd of April, 1814*. whether these Revenues formed a part of its establishment or were destined for other objects, shall remain exclusively at the disposal of the Government of the Fortress and the proceeds of the same shall form part of its establishment.

Civil Administration ofJ,/te City of Mentz [Mayenee).

Art. XXII. The Right of Sovereignty in the City of Mentz (Mayenee) belonging to His Royal Highness the Grand Duke of Hesse, the administration of justice, the receipt of Taxes, and Con- tributions of every description, as well as every other branch of the Civil Administration, shall remain exclusively in the hands of persons appointed by His Royal Highness, and the Governor and the Commandant shall lend them aid and assistance in case of need. Nevei'theless, the Military Government of the Fortress shall, in conformity with the responsibility with which it is charg-ed, be invested with all the powers requisite to assure to it the free and independent exercise of its functions. The Civil and Local Authorities shall be subordinate to it, in all that regards the defence of the place and military affairs. "With this view par- ticularly it shall have the direction of the Police, in such wise however, as that a Civil Functionary of His Royal Highness the Grand Duke shall take part in the Conferences of Government whenever objects of this nature shall be discussed.

The ordinances and regulations of Police shall be published by the Government, through the medium of the President of the Police of the Town. The Burgher Guard of the Town, according to the practice of all Fortresses, shall be placed under the orders of the Military Government, and cannot be assembled without its

* See Appendix. G01

20 July, 1819.] GREAT BRITAIN, AUSTRIA, &c. [No. 95

[Territorial Arrangements of Frankfort.]

consent. No obstacle shall be interposed to the Levy of the Con- scription in the Town. The Military Government being respon- sible for the defence of the place and for the maintenance of internal order, and vested with the right of adopting- all measures necessary for this purpose, may also place advanced posts with- out the Fortress. In time of war, or when Germany shall be threatened with war, and the Fortress declared in a state of siege, the powers of the Military Government shall be unlimited, and not subject to any other restraint than prudence, common usage and the law of nations.

Military Routes in- Hesse-Darmstadt. {Mentz, cj-c.) Art. XXIII. His Royal Highness the Grand Duke of Hesse consents that Prussia shall have a military road through his States, for the troops that pass from Erfurt by Eisenach, Hersfddt, Giessen, and Wetzlar to Coblentz ; and that those coming from Mentz, or destined for that place, shall take the route from Coblentz by way of Bingen. The regulation of a march route {route tVetapes) for the Austrian troops, destined to form a part of the garrison of Mentz, is reserved for a private Convention between the respective Governments.

His Royal Highness the Grand Duke of Hesse also consents that Bavaria shall have a military road through his States for the troops which pass from the Bavarian provinces on the right bank of the Rhine, to those recently acquired on the left bank of that river. The billet stations {places d'e'tapes) the means of main- taining and transporting troops, with other matters of adminis- tration, shall be regulated by a separate Convention between His Majesty the King of Bavaria and His Royal Highness the Grand Duke of Hesse.

Additional Articles to Treaty of 'lord November, 1813, revoked. Art. XXIV. The engagements entered into by His Royal Highness the Grand Duke of Hesse, in the Additional Articles of the Treaty of Frankfort, of the 23rd November, 1813*, cease ; and the onerous clause contained in the said Articles, can at no lime nor under any circumstances become obligatory on His Royal Highness, His Heirs and Successors.

Cessions between Hesse-Da rmstadt and Hesse-Cassel. Art. XXV. His Royal Highness the ( J rand Duke of Hesse restores to His Royal Highness the Elector of Hesse the posses-

* See Appendix. G02

No. 95] GREAT BRITAIN, AUSTRIA, &c. [20 July, 1819.

[Territorial Arrangements of Frankfort.]

sion of the Bailiwick of Dorheim ; and cedes to Him, in exchange for the Bailiwicks of Rodheim, Ortenberg and Babenhausen, of the half of Vilbel belonging to His Royal Highness the Elector, and of the Communes of Miinzenberg, Trais-Miinzenberg, Assen- heim, Heuchelheim and Burggrafenrode, the under-mentioned Territories, viz. —

1st. The places of Gross-Auheim, Gross- Krotzenburg, and Oberrodenbach, and that half of Praunheim belonging to the Grand Duchy.

2nd. A part of the country of Isenburg, composing the Bailiwicks (Gerichte) of Diebach, Langenselbold, Meerholz, Lieblos, Wachtersbach, Spielberg, and Reichenbach, and of the village of Wolfenbom.*

Reinstatement of Hesse-Homburg to Possessions, §c. Art. XXVI. His Royal Highness the Grand Duke of Hesse, in execution of Article XL VII I. of the Act of the Congress of Viemia of the 9th of June, 1815 (No. 27), reinstates His Serene Highness the Landgrave of Hesse-Homburg, in the Possessions, Revenues, Rights and Political Relations, of which he had been deprived by the Rhenish Confederation : — A family arrangement shall be concluded between His Royal Highness the Grand Duke of Hesse and His Serene Highness the Landgrave of Hesse- Homburg, for the purpose of reconciling the arrangements resulting from the present Stipulation with the existing Family Compacts and Treaties.

Cessions to Grand Duke of Oldenburg.

Art. XXVII. Article XLIX. of the Act of the Congress of Vienna (No. 27) having reserved a district in the late depart- ment of the Sarre, for their Royal Highnesses the Grand Dukes of Oldenburg, Princes of Lubeck, and of Mecklenburg Strelitz, their Serene Highnesses the Duke of Saxe-Coburg, the Landgrave of Hesse-Homburg, and the Count of Pappenheim ; which district has been subsequently extended by His Prussian Majesty in favour of His Serene Highness the Duke of Saxe Coburg ; j- and His Majesty the King of Prussia, in consequence of the cessions which have been made to Him by His Majesty the Emperor of Austria, in virtue of Article XII. of the present Treaty, having engaged to put the before-mentioned Princes, together with the Count of Pappenheim, in possession of the territories which

* See also Art. XIX. t See Arts. XXVIII. and XXIX.

003

20 July, 1819.] GREAT BRITAIN, AUSTRIA, &c. [No. 95

[Territorial Arrangements of Frankfort.]

are to belong- to them ; His Prussian Majesty, in concert with J lis Imperial and Royal Apostolic Majesty, His Majesty the King of the United Kingdom of Great Britain and Ireland, and His Majesty the Emperor of all the Russias, cedes as follows : —

1st. To His Royal Highness the Grand Duke of Oldenburg, Prince of Lubeck, the Canton of Herrstein, with the exception of the Communes of Hottenbach, Hellertshausen, Asbach, Schauren, Kenipfeld, and Bruckweiler ; the Cantons of Birkenfeld and Hermeskiel, the Communes of Soetern, Boosen, and Schwartzen- bachj in the Canton of Wadem, the Communes of Neuenkirchen, Sellbach, Gonnesweiler and Eyweiler; in the Canton of St. Wendel, the Communes of Asweiler, Eizweiler, Imsbach, Hirstein, Reich- weiler, and Mosberg, Steinberg and Deckenhard, Wallhausen, and Schwartzhoff; in the Canton of Rhaunen, the Commune of Bonden- bach; and in the Canton of Baumholder, the Communes of Nohen, Nohefelden, Gimbweiler and Wolfersweiler.

Cessions to Duke of Saxe-Coburg.

Art. XXVIII. 2nd. To His Serene Highness the Duke of Saxe-Coburg, the Canton of Grumbach, with the exception of the Communes of Baerenbach, Becherbach, Otzweiler, Hoppstadten, St. Julien and Eschenau ;* the Canton of Baumholder, with the exception of Nohen, Nohefelden, Gimbweiler, and Wolfersweiler. \

The Canton of St. Wendel, with the exception of the Communes of Bubach, Saale, Niederkirchen, Marth, Hof, Osterbriicken, Has- born, Dantweiler, Theley, Asweiler, Eyweiler, Hirstein, Reich- weiler and Mosberg, Steinberg and Deckenhard, Wallhausen, and Schwartzhoff, and Imsbach.

In the Canton of Cousel, the Communes of Burglichtenberg, Thai - Lichtenberg- Ruthweiler, Pfeffelbach, Reichweiler and Srh\varzerden4

In the Canton of Tholey, the Communes of Namborn, Guides- wciler, Gronig, Ossenbach, with Oberthal, Immweiler, Elmeren, Bliesen, Niederhofen, Winterbach, Alzweiler and Marpingen ; and in the Canton of Ottweiler, the Communes of Werschweiler and Doerrenbach, the Farm of Werthshausen, as also the Communes of Steinbach, Niederlinxweiler, Remesweiler, Mainzweiler, and Prexweiler.

Cessions to Landgrave of Hesse-Homburg. Art. XXIX. 3rd. To His Serene Highness the Landgrave of

* See Art. XXIX. f See Art. XXVII.

I See Treaty of 1st July, 1816. ' G04

No. 95] GREAT BRITAIN, AUSTRIA, &c. [20 July, 1819.

[Territorial Arrangements of Frankfort.]

Hesse-Homburg, the Canton of Meisenheim ; and the Communes of Baerenbach, Becherbach, Otzweiler and Hoppstadten, in the Canton of Grumbaeh.

Sovereignty over Territories ceded. Art. XXX. His Royal Highness the Grand Duke of Olden- burg, Prince of Lubeck, their Serene Highnesses the Duke of Saxe-Coburg, and the Landgrave of Hesse-Homburg, shall possess; the said districts and territories, themselves, their Heirs, and Successors, in full Sovereignty and Property, according to the Clauses and Stipulations expressed in the Acts drawn up between the Parties concerned, at the time of the transfer of the said territories.

Title of Landgrave of Hesse-Homburg. His Serene Highness the Landgrave of Hesse-Homburg, Himself, His Heirs, and Successors, shall also enjoy a full and entire Sovereignty over the possessions in which he has been reinstated by Article XLVIII. of the Act of the Congress of Vienna (No. 27). He shall take the title of Sovereign Land- grave of Hesse.

Communes accounted to be ceded with their Banlieus.

Art. XXXI. It is understood that the Communes included in the districts designated in Articles XXVIL, XXVIIL, and XXIX. of the present Treaty, are accounted to be ceded with their Ban- liens, which shall nowhere be intersected by the new limits.

Military Road through Birlcenfeld. Fortress of Sarrelouis.

Art. XXXII. Prussia shall enjoy the right to a Military Road through the Principality of Birkenfeld in order to preserve the necessary communication with the country of Sarrebruck, and the Fortress of Sarrelouis ; a separate Convention has been made to this effect between His Majesty the King of Prussia and His Royal Highness the Duke of Oldenburg.

Arrangements between Prussia and Mechlenburg-StrcHt:. Art. XXXIII. His Royal Highness the Grand Duke of Olden- burg, Prince of Lubeck, their Serene Highnesses the Duke of Saxe-Coburg, and the Sovereign Landgrave of Hesse, having been put in possession of the territories which were assigned to them; His Royal Highness the Grand Duke of Mecklenburg- Strelitz, having made a separate Arrangement with His Majesty the King of Prussia ; and the Count of Pappenheim having

605

20 July, 1819.] GREAT BRITAIN, AUSTRIA, &c. [No. 95

[Territorial Arrangements of Frankfort.]

obtained an Indemnity in domains, in the Prussian dominions ; and these last Arrangements having" been notified to the Terri- torial Commission, His Prussian Majesty is entirely liberated from t he engagements which he took upon himself by Article XLLX. of the Act of the Congress of Vienna (No. 27).

Cessions by France acquired by the Netherlands.

Art. XXXIV. His Majesty the King of the Netherlands,

rand Duke of Luxemburg, shall possess, Himself, His Heirs and

Successors, in full Property and Sovereignty, all the districts

which, having in 1790 formed part of the Belgian provinces of

he Bishopric of Liege, and of the Duchy of Bouillon, have been

ceded by France to the Allied Powers, in virtue of the Treaty

oncluded at Paris the 20th of November, 1815 (No. 40), as well

as the enclosed (enclave's) territories of Philippeville and Marien-

bourg, with the Fortresses so named, ceded by the same Treaty.

Limits of the Netherlands. In consequence of this Arrangement, the boundaries of the States belonging to His Majesty the King' of the Netherlands, Grand Duke of Luxemburg, shall remain the same, as they were settled between France and the countries ceded to the Allied Powers by the Treaty of Paris, of the 30th of May, 1814 (No. 1), commencing at the North Sea and extending to the front of Quievrain.

Fortresses of Philippeville and Marienburg given to the Netherlands. From Quievrain, the line of demarcation shall follow the ancient limits of the Belgic Provinces, of the late Bishopric of Liege, and of the Duchy of Bouillon, such as they were in 1790, to Villers near Orval, conformably to the Stipulations of the first Article of the aforesaid Treaty of Paris, of the 20th of November, 1815 (No. 40); so that all the countries on the left of the said line of demarcation, comprising the former Bishopric of Liege and the Duchy of Bouillon, with the enclosed (enclave's) territories of Philippeville and Marienburg, and the Fortresses so named shall belong to the Netherlands.

Fortress of Luxemburg, a Fortress of the Germanic Confederation.*

Art. XXXV. Article III. of the Treaty concluded at Vienna

the 31st of May, 1815 (No. 22), and Article LXVII. of the Act of

the Congress of Vienna (No. 27), having stipulated that the

* Fortress demolished, in accordance with the Treaty between the European Powers of 11th Mav, 1867.

GOG

No. 95] GREAT BRITAIN, AUSTRIA, &c. [20 July, 1819.

[Territorial Arrangements of Frankfort.]

Fortress of Luxemburg shall be considered as a Fortress of the Germanic Confederation, this disposition is maintained and ex- pressly confirmed by the present Treaty.

Nevertheless, His Majesty the King of Prussia, and His Majesty the King of the Netherlands (in his character of Grand Puke of Luxemburg), wishing to adapt the remaining regulations of the aforesaid Articles to the changes occasioned by the Treaty of Paris of the 20th of November, 1815 (No. 40), and to provide in the most efficacious manner for the combined defence of their respective States, have agreed to garrison the Fortress of Luxem- burg jointly ; without such arrangement (which is only to be considered in a military point of view), affecting in any degree the right of Sovereignty of His Majesty the King of the Nether- lands, Grand Duke of Luxemburg, over the City and Fortress of Luxemburg,

Lto-

Appointment of Governor and. Commandant of Fortress of Luxemburg by King of Prussia.

Art. XXXVI. His Majesty the King of the Netherlands, Grand Duke of Luxemburg, cedes to His Majesty the King of Prussia, the right of appointing the Governor and Commandant of that Fortress, and consents that the garrison in general, as well as every description of troops, shall consist of three-fourths Prussian troops, and one-fourth troops of the Low Countries (Pays Bas) ; thus renouncing the light of nomination secured to His Majesty by Article LXVII. of the Act of the Congress of Vienna (No. 27).

Pay, (J-c, of Troop*.

The Troops shall be paid and equip; ed at the expense of their respective Governments ; and provisi< med in like manner, when the Fortress shall not be declared in a state of siege. When that shall be the case the garrison shall be subsisted from the maga- zines of the Fortress ; which shall be supplied according to the regulations established by the Treaty concluded between His Majesty the King of Prussia and His Majesty the King of the Netherlands, Grand Duke of Luxemburg, at Frankfort the 8th of November, 1810 (No. 64), annexed to this Treaty.

Civil Administration of Netherlands, in City and Fortress of

Luxemburg.

Art. XXXVII. The right of Sovereignty in the City and Fortress of Luxemburg, as well as in every other part of the

G07

20 July, 1819.] GREAT BRITAIN, AUSTRIA, &c. [No. S5

[Territorial Arrangements of Frankfort.]

Grand Duchy, belonging1 in all its plenitude to His Majesty the King of the Netherlands, Grand Duke of Luxemburg, the adminis- tration of justice, the receipt of taxes and contributions of every kind, as well as every other branch of the civil administration, shall remain exclusively in the hands of His Majesty's Func- tionaries, who shall be supported and assisted, when necessary, by the Governor and Commandant.

Powers of Governor of the Fortress.

On the other hand, the Governor shall be vested with all the powers necessary to insure to him the free and independent exercise of his functions, conformably to the responsibility which devolves upon him, and the civil and local authorities shall be subordinate to him in every thing which concerns the defence of the place.

Special Commissioner.

To avoid, however, all contention between the military and civil authorities, His Majesty the King of the Netherlands, Grand Duke of Luxemburg, shall appoint a special Commissioner, who shall act as mediator between the Governor and the Civil Autho- rities, and shall receive the directions of the Governor in matters of police, as far as they are connected with the military relations and defence of the place.

Poivers of Governor in time of War.

The Governor may also, for the same object, and always within the bounds before -mentioned, choose a person as his delegate, and these two functionaries shall form a Mixed Com- mission. But in the event of War, or if either of the two Monarchies of Prussia and the Netherlands should be threatened with War, and the Fortress be declared in a state of siege, the powers of the Governor shall be unlimited, and have no other bounds than those of prudence, custom, and the law of nations.

Oath b>/ Governor and Commandant.

Finally, if the Diet of the Germanic Confederation should decide that the Governors and Commandants of the Fortresses of the League ought to be sworn, the Governor and Commandant of the Fortress of Luxemburg, shall take the oath according to the form that shall be prescribed by the Diet.

608

No. 95] GREAT BRITAIN, AUSTRIA, &c. [20 July, 1819.

[Territorial Arrangements of Frankfort.]

Distribution of French Pecuniary Indemnity to Prussia, Bavaria, Netherlands, and Sardinia for Works of Defence. Fortress of Mentz (Mayence) and Fortress on the Upper Rhine.

Art. XXXVIII. A portion of the Pecuniary Indemnities which His Most Christian Majesty has engaged to pay by Article IV. of the Treaty of Paris of the 20th of November, 1815 (No. 41). being destined, in virtue of the arrangements made at Paris between the Allied Powers, to strengthen the line of defence of the States bordering on France, this sum shall be distributed in the following manner :

His Majesty the King of Prussia shall thereof receive 20,000,000 francs, to be employed in the works intended for the defence of the Lower Rhine. — His Majesty the King of Bavaria, 15,000.000. —His Majesty the King of the Netherlands, C.0,000,000.— And His Majesty the King of Sardinia, 10,000,000 francs;— 5,000,000 francs are intended to be employed in completing the fortifications of the Fortress of Mentz (Mayence), — and 20,000,000 for the con- struction of a Federal Fortress on the Upper Rhine.

These several sums shall be employed conformably to the system which has been adopted by the Powers signing the Treaty of Peace, concluded at Paris the 20th of November, 1815 (No. 40\ and which was deposited with the Protocol of the Conference of their Ministers of the 21st of November, 1815 (No. 48), annexed to this Treaty.

Sdvoy. Arrangements between France and Sardinia. Limit*. Art. XXXIX. That part of Savoy which remained to France, in virtue of the Treaty of Peace of Paris, of the 30th of May, 1814 (No. 1), and which was retroceded by the Treaty of the 20th of November, 1815 (No. 40), is restored to His Majesty the King of Sardinia, to be possessed in full Sovereignty and Property by Him, His Heirs and Successors ; and the frontiers between Savoy and France shall be the same as they were in 1790. The Commune of St. Julien is excepted from this restitution, it having been given to the Swiss Confederation,* which has again transferred to His Majesty the King of Sardinia, that portion of it in which the chief town is situated.

Communications of Geneva, Gex, Fernay, and St. Julien.

Art. XL. For the purpose of establishing a direct communi- cation between the Canton of Geneva and the rest of Switzerland.

* See Art. XL.

609 2 K

20 July, 1819. «IREAT BRITAIN, AUSTRIA, &c. [No. 95

[Territorial Arrangements of Frankfort.]

that part of the country of Gex, bounded on the east by the Lake of Geneva, on the south by the territory of the Canton of Geneva, on the north by that of the Canton of Valid, on the west by the course of the Versoix, and by a line which includes the Communes of Collex-Bussy, and Meyrin, leaving' the Commune of Fernay to France, is definitively united to the Canton of Geneva.

The Commune of Saint Julien is also united to this Canton, with the exception, nevertheless, of that part which, according to the preceding Article, has been ceded to the King of Sar- dinia.

Cessions by Sardinia, to Geneva.

Art. XLI. In consequence of the Acts of the Congress of Vienna, as well as of the ulterior dispositions of the Allied Powers, and particularly in virtue of the Treaty concluded between His Majesty the King of Sardinia and the Swiss Confederation on the 16th March, 1816 (No. 52), the first Article of which is transcribed hereinafter as far as it relates to the description of the frontiers; the territory ceded by His Majesty the King of Sardinia, to be united to the Canton of Geneva, " is bounded by the Rhone, from the ancient frontier near St. George to the confines of the old terri- tory of Geneva, to the west of Aire la Ville ; thence by a line following the confines of the said ancient territory, as far as the river Laire, re-ascending that river as far as the road leading from Perriere to Soral, along the same road up to Soral, which place, together with the road, shall remain entirely on the side of Geneva ; thence by a straight line drawn to the salient angle of the Commune of Bernex. to the west of Noreier. From this angle the boundary shall take the shortest direction to the south angle of the Commune of Bernex on the Aire, leaving Noreier and Thurens on the side of Savoy. From this point it shall take the shortest line to the Commune of Compessieres, along the boundary of this Commune to the east of St. Julien, as far as the rivulet Arande, which runs between Ternier and Bardonex ; re-ascending the same as far as the high road from Annecy to Carouge, it shall follow this route until it branches off to the road which leads direct to Collonge, at 555 yards (toises) of Savoy before it reaches the Cross of Koson ; it shall meet by this road the rivulet which runs doAvn from the village of Archamp, and shall follow the same until it joins the brook which descends from the hamlet of La Combe beyond Evordes, leaving, however, all the houses in Evordes on the side of Geneva ; thence from the rivulet of La Combe it shall

610

No. 95] GREAT BRITAIN, AUSTRIA, &c. [20 July, 1819.

[Territorial Arrangements of Frankfort.]

take the road that runs below Bossey, below Crevin, and above Veirier.

" From the intersection of this road to the east and near Veirier, by the one leading from Carouge to Etrembieres, the limit shall be described by the shortest line to the Arve, at 2 yards (toises) above the water course which supplies the canal of the mill of Sierne. Following from thence the Thalweg of that river to the mouth of the Foron, and remounting the same to that point beyond Cormieres, to be ascertained by the shortest line drawn from the junction of the route of Carra with the road which, from the north of Publinge, leads to the north of Ville-la-Grande, it shall follow the said line, and this last road towards the east, giving it to Geneva : — thence it shall follow the road which remounts parallel with the Foron, until it comes in contact with the territory of Jussy.

" From this point the line shall resume the ancient limits, till it meets the road leading from Gy to Foncenex, and shall follow the said road northward to the extremity of the village of Gy, leaving the said road on the side of Geneva. The boundary shall thence be directed in a straight line upon the village of Veigi, in such manner as to leave all the houses of the village on the side of Savoy ; afterwards in a straight line to where the Hermance intersects the great road of the Simplon. Finally it shall follow the course of the Hermance as far as the Lake, which shall be the limit of the new territory to the north-west, it being under- stood that the property of one-half of the breadth of the Lake from the Hermance to Vesenag is acquired by the Canton of Geneva ; and that in like maimer the portions of the course of the Rhone which have hitherto formed the boundary between the two States, shall appertain to His Majesty, and that the roads constituting the forementioned frontier line of the above Delimita- tion shall belong to His Majesty, with the exceptions already described ; and that all the inclosures formed by walls or hedges contiguous to the houses of villages or hamlets, bordering on the new frontiers, shall appertain to that State in which the said village or hamlet may be situated ; the line marking the confines of the States shall not approach within 2 yards (toises) of such houses or inclosures contiguous thereto and surrounded by walls or hedges.

" As to the Rivers and rivulets which, according to the altera- tions of boundaries resulting from the present Treaty, are to detennine the new frontier, the centre of their courses shall form

611 " 2 e 2

20 July, 1819.] GREAT BRITAIN, AUSTRIA. &c [No. 95

[Territorial Arrangements of Frankfort.]

the boundaries, except that of the Foron, which shall entirely appertain to His Majesty, and the passage of which river shall not be subject to any duty whatever."

Sovereignty, (jrc, of Territories detached from France.

Art. XLII. The Sovereigns who, in virtue of the present Treaty, shall obtain the territories which were detached from France, by the Treaties of Peace of Paris, of the 30th of May, 1814 (No. 1), and of the 20th of November, 1815 (No. 40), shall enter into all the rights, and take upon themselves all the charges and engagements stipulated in this respect in the two above-mentioned Treaties.

Duchies of Parma, Placentia, Guastalla. Principality of Lucca.

Art. XLIII. The actual state of possession of the Duchies of Parma, Placentia, and Guastalla, together with that of the Princi- pality of Lucca, being determined by the Stipulations of the Acl of the Congress of Vienna (No. 27), the dispositions of Articles XCIX., CI., CIL, are and shall continue to be maintained in all their force and validity.

Reversion of Duchies of Parma, Placentia, and Guastalla.

Art. XLIV. The Keversion of the Duchies of Parma, Placentia, and Guastalla. anticipated by Article XCIX. of the Final Act of the Congress of Vienna (No. 27), is determined in the following manner :

The Duchies of Parma. Placentia, and Guastalla, after the decease of Her Majesty the Arch-Duchess Maria Louisa, shall pass in full Sovereignty to Her Majesty the Infanta of Spain Maria Louisa, the Infant Don Charles Louis her Son, and his Male Descendants, in the direct Male Line, with the exception of the Districts enclosed {enclave's) within the States of His Imperial and Royal Apostolic Majesty, on the left bank of the Po, which shall remain in full property to His said Majesty conformably to the restriction established by Article XCIX. of the Act of the Congress of Vienna.

Reversion of Principality of Lucca.

Art. XLV. At the same period the Reversion of the Principality of Lucca, anticipated by Article CIL of the Act of the Congress of Vienna (No. 27), shall take place according to the terms and clauses of the said Article in favour of His Imperial and Royal Highness the Grand Duke of Tuscany.

612

No. 95 GREAT BRITAIN, AUSTRIA, &c. | 20 July, 1819.

[Territorial Arrangements of Frankfort.]

Garrison of Fortress of Placentia.

Akt. XLVL Although the frontier of the Austrian States in Italy shall be fixed by the line of the Po, it is, nevertheless, agreed by common consent, that as the Fortress of Placentia is more particularly important to the system of defence of Italy, His Imperial and Royal Apostolic Majesty shall preserve the right of garrisoning, purely and simply, the said Fortress, until the period when the Reversions, after the extinction of the Spanish branch of the Bourbons shall take place ; all the royalties and civil rights over that Town being reserved to the future Sovereign of Parma.

The expense and maintenance of the garrison in the Town of Placentia shall be at the charge of Austria; and its force in time of peace shall be amicably determined between the High Parties interested, always having regard to the greatest possible convenience of the inhabitants.

Reversion of Duchies of Parma, Placentia, and < lun.<i<tll<t. in the event of the extinction of the branch of the In font Don Charles Louis.

Art. XLVII. The Reversion of the Duchies of Parma. Placentia, and Guastalla, in the event of the extinction of the branch of the Infant Don Charles Louis, is explicitly maintained in the terms of the Treaty of Aix-la-Chapelle of 1748*, and of the Separate Article of the Treaty between Austria and Sardinia, of the 20th of May, 1815 (No. 19).

Treaties and Accessions of the Powers.

Art. XLVIII. The Treaties, Conventions, and other Acts which are annexed to the present Treaty, and particularly,

1st. The Treaty between His Majesty the King of Sardinia, the Swiss Confederation, and the Canton of Geneva, concluded at Turin, the 16th of March, 181G (No. 52) ;

2nd. The Treaty between Austria, Prussia, and the Grand Duchy of Hesse, concluded at Frankfort on the Mayne, the 30th of June, 1816 (No. 58);

3rd. The Treaty between Great Britain and the Grand Duchy of Hesse, concluded at Frankfort on the Mayne, the 30th of June, 1816 (No. 59);

4th. The Treaty between Prussia and the Netherlands, con- cluded at Frankfort on the Mayne, the 8th of November, 1816 (No. 64) ;

* See Appendix. 613

20 July, 1819.] GREAT BRITAIN, AUSTRIA, &e. No. 95

[Territorial Arrangements of Frankfort.]

5th. The Treaty between Great Britain and the Netherlands, concluded at Frankfort on theMayne, the 16th of November, 1816 (No. 65);

6th. The Treaty between Austria and the Netherlands, con- cluded at Frankfort on the Mayne, the 12th of March, 1817 (No. 67) ;

7th. The Treaty between Russia and the Netherlands, con-

5 th. eluded at Frankfort on the Mayne, the ^=-t- of April, 1817

(No. 69) ;

8th. The Treaty between Austria, Spain, France, Great Britain, Prussia, and Russia, concluded at Paris, the 10th of June, 1817 (No. 73) ;

9th. The Treaty between Austria and the Grand Duchy of Baden, concluded at Frankfort on the Mayne, the 10th of July, 1819 (No. 93) ;

10th. The Treaty between Austria, Great Britain, Prussia, Russia, and the Grand Duke of Baden, concluded at Frankfort on the Mayne, the 10th of July, 1819 (No. 94).

are considered as integral parts of the arrangements stipulated by the present Act, and shall have, according to their respective tenour, the same force and validity as if they were inserted word for word in the Treaty itself.

11th. The Treaty between Austria and Bavaria, concluded at Munich, the 14th of April, 1816 (No. 53), likewise annexed to this Instrument, has been adjoined to it in the sense and spirit of Article VII. of the present Reces.

The French Language employed in the General Treat//. Art. XLIX. The French Language employed in this Reces has been used subject to the reservations expressed in Article CXX. of the Act of the Congress of Vienna.

Ratifications.

Art. L. The present Reces shall be ratified, and the Ratifica- tions exchanged at Frankfort on the Mayne within the space of three months, or sooner if possible.

A copy of this Act shall be deposited at Vienna, in the Archives of the Court and State of His Imperial and Royal Apostolic Majesty, to be there added to the collection of the Acts which gave rise to it, and upon which it is founded.

The High Contracting Parties, moreover, reserve to themselves the right of adopting a general mode of communicating it and of

614

No. 95] G-REAT BRITAIN, AUSTRIA, to. 20 July, 1819.

[Territorial Arrangements of Frankfort,]

proposing* it for the Accession of the other Powers and States interested.

In testimony whereof, the respective Plenipotentiaries have signed the present Treaty, and have affixed thereto the Seals of their Arms.

Done at Frankfort on the Mayne, the 20th of July, in the year of Our Lord, 1819.

(L.S.) CLANCARTY.

(L.S.) LE BARON DE WESSENBERG.

(L.S.) LE BARON DE HUMBOLDT.

(L.S.) J. D'ANSTETT.

U15

28 Aug., 1819. PRUSSIA AND SAXONY. No. 96

[Boundaries, &c]

No. 96.— CONVENTION between Prussia and Saxony, for the Settlement of Boundaries and Claims. Signed at Dresden, 28th August, 1819.

Abt. Table.

Preamble. Reference to Treaty of 18th May, 1815.

1. Detailed description of Frontiers.

2. Reciprocal Rights and Privileges in the divided Territories. Taxes and

other Public Imposts. Revenues from Estates Noble. Free Import and Export of Produce and Merchandise. Adjacent and conter- minous Estates. Rights acquired by Privileges from the Government. Obligation to serve in the Army. Ecclesiastical and Scholastic A flairs. Monopoly of Guilds and Trades. Grinding in Mills on Foreign Territory. Patrimonial Jurisdiction. Lay Fiefs. Other Rights belonging to Private Persons. Rights of Common, Tenures, and Servitudes. Right of Tenants to remove. Compulsion to buy Beer, grind Corn, &c, at stated places' only. Rents and Fines. Right of Hunting, Timber, &c. Services and base Tenures. Services and base Tenures on Crown Lands.

3. Pending Law Suits. Entails. Jurisdiction in Personal Suits. Adminis-

tration of Estates of deceased Persons. Arrears of Dues on Real Property. Proceedings with regard to Estates divided or mortgaged in cases of Bankruptcy. 4 On the Tax-Credit Fund, and its Debts. Regidation of this Public Debt. Apportionment of the same. Mode of Settlement. Portion of Prussia. Plan of Division. Apportionment of unredeemable Tax Fund. Notes to each Party. Public Notice relating to the Public Debt, as apportioned to each Government. Of the classification of different series of the Public Debt. Indemnities due from the former Kingdom of Westphalia. Funding of Floating Debts. Expenses of Adminis- tration. Of the Bonds of 1811 which are not yet issued. Settlement of the Balance of the Tax-Credit Fund. Final Account. Reciprocal renunciation of Claims.

5. Tax Exchequer Fund. Apportionment of its Division. Balances of monej

belonging to the Tax Fund of the Circles and Chapters. Moneys received from the undivided Circles since the 5th of June, 1815. Balances of the Tax Fund in each of the undivided Circles. Balances remaining in the Branch Funds. Collection of Taxes in arrear, and their Settlement. Regulation for the Payment of certain other Claims. Apportionment of Deposits. Seem-ity Bonds or Moneys to be delivered up. Arrears of Interest on the Loan of the Electorate of Brunswick. Funds of the Chapter and Estates of Merselerg. Final Account. Reciprocal renunciation of Claims.

6. Exchequer Credit Fund, and Debts of the same. Its Apportionment,

and Amount belonging to each Party. Mode of its Apportionment. Indemnity to Saxony on account of her larger portion of Debt

616

No. 96 PRUSSIA AND SAXONY. 28 Aug., 1819.

[Boundaries, &c]

Funding of the Floating Debts. Partition of the Exchequer Credit Fund. Partition of the Branch Fvinds. Final Account. 7- Regulations relating to the Claims on the Tax Fund and the Exchequer Credit Fund. The cancelling of redeemed Bonds and Coupons. Pay- ment, or Settlement, of the Sums due to each Party. Proceedings relating to lost or unclaimed Bonds. Appropriation of exchided Claims. Restitution of Papers and Documents relating to the Depart- ment of Taxes, and the Affairs of the Exchequer Credit Funds.

8. Security to the Creditors of the Tax Fund and the Exchequer Chamber.

9. Debts of the Central Tax Commission. Declaratory explanation of the

former Convention on this subject. Extradition of the Moneys and Papers belonging to the Commissions.

10. Cash Notes and Assets belonging to this Fund. Part apportioned to

Prussia. Amount to be paid to Saxony. Partition of the Assets. The old Exchange Fund. The new Discounting Fund. Conversion of the Cash Notes. Restitution of the residue Funds. Deposits with the Corporation of Leipzig. Payments of Rewards to Discoverers of Forgers of Cash Notes.

11. Receipts of, and advances made by, Prussia, during the administration of

Saxony. Sums drawn from the General Treasury of Finances on the 5th of June, 1815. The Bonds of the States, amounting to 50,000 dollars, included in the said Sums. Renunciation of Prussia as to certain Bonds of the Loan of 1811.

12. Public Financial Boards and their Revenues. Participation of Prussia

in certain Debts of the Financial Boards. Debts of the Exchequer Credit Chamber. Mortgage Debts and Inscriptions. The Principality of Mansfeld's Debt, The Principality of Weissenfels' Debt. The Tf eida Claims. Pensions granted in compensation of the said Claims. Additional interest paid by the General Treasury, chargeable upon certain Taxes. The Bailiwicks' Funds. Funds belonging to Chapters and Cathedrals. Interest thereon. Surrender of Title Deeds relating thereto. Existing Funds of Provinces. Stock, Stores, and Effects. Advances of Money, and Claims arising therefrom. Arrears, of Revenue, and Expenses of Administration. Arrears of grants made by the States. Sums levied or paid by mistake or by places in dispute. Reciprocal Guarantee of Securities. Extradition of Documents relating thereto. Accoimts already settled between the Saxon Government and certain Government Functionaries and Tenants. Deposits made into the General Treasury Fund. Deposits remaining still in trust of Inferior Boards, in the separated part of the Country.

13. Military Affairs and Military Fund. Apportionment of the Army and

Military Effects, Advances of Money made by the General Military Fund. Debts of the said Fund. Expenses of the Fortifications of Torgau and Wittenberg. Claims of Foreign States for Provisions furnished to Saxon Troops. Advances of Money made by Russia to Saxon Prisoners. Cases where the parties interested have since died. Expenses of Provisions furnished to Saxon and Prussian Troops. Military Marriage Fund. Securities of Military Accountants.

14. Pensions and half pay.

15. Funds of the States and Corporations of the Nobility.

617

28 Aug., 1819.. PRUSSIA AND SAXONY. , No. 96

[Boundaries, dec]

16. Claims relating to the Circle of Cottbus.

17. Fire Insurance Fund and Establishments. The Old Fire Insurance Fund.

Real Property Insurance Fund. Disputed Territories on the Frontiers. Personal Property Insurance Fund.

18. Fund of the Commission of Succours and Restoration. Debts and

expenditure of the said Commission.

19. Obstetric Establishments.

20. Military Asylum at Annaburg.

21. Prisons, Hospitals, Asylums, Orphan Establishments, and Houses of

Industry. Stipulations relating to each Establishment, its Property, &c. Assets still due to them. Securities. Reimbursement of Sums deposited by Inmates of Hospitals for Board, Lodging, Clothing, &c, and of Sums bequeathed to them. Claims of Lower Lusatia. Partition of the General Poor Fund. Mutual transfer from one into the other Country of the Inmates of Bridewells, Hospitals, Madhouses, Asylums, and Workhouses, and reimbursement of Expenses incurred in providing for such Persons. Special Stipulations concerning the Orphan Asylum at Langendorf. Rehef Fund. General Fund of Houses of Industn . Interest. Payment of the Rates due to Prussia. Reciprocal Renunciation.

22. Charitable Institutions and School Establishments. Future proceedings

as to Establishments whose affairs are still unsettled. Provisional continuation of Payments to them from both Countries. Exhibitions. Universities. Stipulations of the Convention of 27th July, 1817- Charitable Institutions under the control of the States of Upper Lusatia.

23. Estates of the late Teutonic Order.

24. Convent of St. James in Freiberg. Procuration Fund of Meissen.

Pforta College. Pforta Reversionary Fund. Pforta Interest Fund.

25. Wexi Fund. The two Pension and Reward Funds under the control of

the States.

26. Procuration Fund at Zeitz. Royal Chapel Fund at Zeitz. Almonry

Fund at Zeitz.

27. General School Fund. Schoolmasters' Emoluments Fund.

28. Augustean Fund for Widows and Children of Clergymen. Klenqel

Fund.

29. Stipulations relating to the supply of Salt. Quantity and Quality of the

Salt. Salt Works, from whence the Salt is to be furnished. Fixed Prices. Rate at which the Price is to be fixed. Payment for Salt already delivered. Terms, and time of Payment. Time of delivery, and Terms. Duration of Convention. Custom -House Duties and other Dues. Measures for preventing Fraud.

30. Transfer of Documents.

31. Final Settlement of Accounts.

32. Accession of the Grand Duke of Saxe- Weimar.

33. Reciprocal Renunciation of Claims.

34. Navigation of the Elbe. Reference to Vienna Congress Treaty, of 9th

June, 1815.

35. Promulgation of certain Articles of this Convention.

36. Ratifications.

618

No. 96^ PRUSSIA AND SAXONY. 28 Aug., 1819.

[Boundaries, &c.l

(Translation.*)

Reference to Treaty of 18th May, 1815.

His Majesty the King' of Saxony and His Majesty the King of Prussia having agreed, in Article XIV. of the Treaty concluded at Vienna on the 18th May, 1815 (No. 16), to appoint Commis- sioners for the purpose of carrying into effect the arrangements contained in Articles VI. to XIII., and XVI. to XX., of the said Treaty; and His Majesty the Emperor of Austria having, in Article XV. of the above-mentioned Treaty, offered his mediation between the Courts of Saxony and Prussia on all points which are connected with the Territorial Cessions rendered necessary by the Stipulations of Article II. : —

And whereas, the Two High Contracting Parties having most readily agreed to accept the said mediation, as well generally as upon those special points, with the settlement of which the Commissions mentioned in Articles III. and XIV. have been charged, — the said Commissioners, for the adjustment and execu- tion of the Stipulations of the Peace, in pursuance thereof, met at Dresden, soon after the Ratification of the said Treaty of Peace of Vienna, and opened the Negotiations upon the same, with the co-operation of the mediating Commissioner appointed by His Majesty the Emperor of Austria ;

And whereas, although some important points have been discussed and settled, up to the month of April last year, by the said Commissioners, and under the above-mentioned mediation, to t he perfect satisfaction of the Two High Contracting Parties, and other points have been prepared for subsequent settlement, it has been deemed desirable, notwithstanding, by both Governments, to appoint Special Plenipotentiaries, with the view of accelerating and simplifying the negotiation thereof, to adjust the remaining differences, and to effect the final conclusion of the Stipulations relating to the settlement of the Peace :

For this purpose, His Majesty the King of Saxony has appointed as his Plenipotentiary Hans August Furchtegott von (jrlobig, his Privy Councillor and Chamberlain, and his Envoy Extraordinary and Minister Plenipotentiary at the Court of Prussia, &c. ;

And His Majesty the King of Prussia, as his Plenipotentiary, Johann Ludwig von Jordan, his Actual Privy Councillor of Lega-

* For Grerman version, sec " State Papers," vol. vi., p. 960.

619

28 Aug., 1819.

PRUSSIA AJH) SAXONY.

[Boundaries, &c]

No. 96

tion, and Envoy Extraordinary and Minister Plenipotentiary at the Court of Saxony, &c. ;

Who, after having exchanged their Full Powers, which were found to be in good and due form, have agreed on the following Articles :

Arts. I. to XXXVI. (See Table.)

Done at Dresden, 2 8th August, 1819.

(L.S.) GARTNER.

(L.S.) VON GLOBIG. (L.S.) VON JORDAN.

620

No. 97] AUSTRIA AND BADEN. [27 Oct., 1819.

[Wertheim.]

NO. 97.— PROTOCOL recording the delivery of the Baili- wick of Wertheim by Baden to Austria. Aschaffenburg , 27th October, 1819.*

Aet. Table.

Preamble.

1. Deliveiy by Baden to Austria of Bailiwick of Wertheim.

2. Austria to come into enjoyment of all Sovereign Revenues of said

District from 4th of October, 1819.

3. Baden to deliver all documents relating to the Government and Adminis-

tration of Justice within a month. ■4. Natives in the Military Service of Baden to be transferred to the Military Authorities of Austria.

(Translation.)

Preamble.

Whereas, in consequence of the negotiations with the Court of Baden, that part of the Baden Bailiwick of Wertheim, situated to the north of the road from Lengfurth to Wurzburg, is now to be delivered to His Imperial Royal Apostolic Majesty, therefore Commissioners have been appointed for1 the delivery and receipt respectively, namely : —

On the part of Austria, Baron von Handel, as receiving Com- missioner.

On the part of Baden, Councillor von Berg, as delivering Commissioner; who have effected the aforesaid delivery and receipt as follows : —

Delivery by Baden to Austria of Bail i trick of Wertheim.

Art. I. The Baden Plenipotentiary hereby delivers and gives up the district of the Bailiwick of Wertheim, north of the road from Lengfurth to Wiirzburg-, including Anspach, Birkenfeld, Erlach, Grensenheim, Karsbach, Mariabuchen, Plochsbach, Roden, Sendelbach, Steinfeld, Waldzell, and Zimmer, with all rights and privileges possessed by His Royal Highness the Grand Duke of Baden himself.

Arts. II. to IV. {See Table.)

Drawn up in triplicate at Aschaffenburg, 27th October, 1819.

PAUL ANTHONY BARON V. HANDEL. EBERH. FREDERICK V. BERG.

* See also Protocol between Austria and Bavaria of the same date.

621

27 Oct., 1819.] AUSTRIA AND BAVARIA. [No. 98

["Wertheim.]

No. 98.— PROTOCOL recording the delivery of the Baili- wick of Wertheim by Austria to Bavaria. Aschaffenburg, 27th October, 1819.*

Art. Table.

Preamble. Reference to Treaty of 14th April, 1816.

1. Delivery by Austria to Bavaria of Bailiwick of Wertheim.

2. Bavaria to enter into enjoyment of Revenues of said District from

4th of October, 1819.

3. All Documents relating to Government and Administration of Justice to

be made over by Austria to the proper Bavarian Authorities.

4. Natives in the Military Service of Baden to be transferred to the Military

Authorities of Bavaria.

(Translation.)

Preamble. Reference to Treaty of 14th April, 1816.

Whereas, in consequence of the negotiations with the Court of Baden, that part of the Bailiwick of Wertheim, described in the Munich Treaty of 14th April, 1816, and lying' north of the road from Lengfurth to Wiirzburg, has been transferred to His Imperial Royal Apostolic Majesty, and therefore the said Dis- trict can now be delivered to the Crown of Bavaria, therefore Commissioners have been appointed for the delivery and receipt respectively ; that is : —

On the part of Austria, Baron v. Handel, &c, as Delivering* Commissioner ; and

On the part of Bavaria, Commissioner Stumpf, &c, as Receiving Commissioner ; who have effected the aforesaid Delivery and Re- ceipt as follows : —

Delivery by Austria to Bavaria of Bailiwick of Wertheim.

Art. I. The Austrian Commissioner hereby delivers and gives up to the Bavarian Commissioner the district in the Bailiwick of Wertheim, situated north of the road from Lengfurth to Wiirz- burg, and including Anspach, Birkenfeld, Erlach, Grensenheim, Karsbach, Mariabuchen, Plochsbach, Roden, Lendelbach, Stein- feld, Waldzell, and Zimmer, with all the rights and privileges, to the same extent, and in the same condition as the said district

* See also Protocol between Austvia and Baden of the same date.

622

No. 98] AUSTEIA AND BAVARIA. [27 Oct., 1819.

[Wertheim.]

has been delivered to His Imperial Royal Apostolic Majesty, on the part of His Royal Highness the Grand Duke of Baden, by Protocol of Delivery and Receipt, dated this day. Arts. II. to IV. (See Table.)

Drawn up in triplicate at Aschaffenburg', 27th October, 1819.

PAUL ANTHONY BARON V. HANDEL. ANDREW SER. STUMPF.

623

28 March, 1820. PRANCE AND NETHERLANDS. [No. 99

[Boundaries.]

No. 99.— BOUNDARY TREATY between France and the Netherlands. Signed at Courtray, 28th March, 1820.

Art. Table.

Preamble. Reference to Treaties of 30th May, 1814, and 20th

November, 1815. 1. Boundary to be settled according to the Proces Verbcmx and Drawings

of the Commissioners. Proces Verbcmx and Drawings of Boundary

agreed upon. Proces Verbcmx and Drawings to be annexed to the

Treaty. -. Exchanges, Cessions, and Ratifications. 3 and 4. Mutual Cessions of Farms, Orchards, and Lands by France and

the Netherlands.

5. Passage of the Waters of the Lys through the Territory of Armentieres,

granted byr France to boats of the Communes of Neuve-Fghse and Warneton (Netherlands).

6. The Lys to be free to both States from Armentieres to the mouth of the

Deule, subject to certain Regulations.

7. Boundary between the Communes of HaJlelm and RecTcen.

8 -}

. I Mutual Cessions of Orchards, Lands, &c, by France and the Nether-

40. J lands-

41. Confirmation of Article XXX. of Treaty of 18th November, 1779,

between Hungary and France. Removal of Impediments to the ivcv

use of the River Semoy. 42 to 64. Mutual minor Cessions by France and the Netherlands. 65 to 69. Greneral Instructions.

70. Future Claims to ceded Lands to be inadmissible.

71. Labours of Boundary Commissioners.

72. Date at which exchanges are to take place.

73. Ratifications.

(Translation.*)

Preamble. Reference to Treaties of SOth May, 1814, and 20th

November, 1815.

His Majesty the King of France and Navarre and His Majesty the King of the Netherlands, Prince of Orange-Nassau, Grand Duke of Luxemburg, &c, wishing to regulate everything relating to the delimitation of their respective States, according to the stipulations of the Treaties of Paris of 80th May, 1814 (No. 1), and of the 20th November, 1815 (No. 40), and in conformity with paragraph 6 of Article I. of the latter Treaty, have appointed as their Commissioners to that effect, namely :

His Most Christian Majesty, the Sieur Jean Etienne Casimer

* For French version, see " State Papers," vol. 55, p. 395.

624

No. 99] PRANCE AND NETHERLANDS. [28 March, 1820.

[Bovmdaries.]

Poitevin, Baron de Maureillan, Lieuten ant-General, Inspector- General of Fortifications, &c. ;

And His Majesty the King- of the Netherlands, the Sieur Victor, Baron de Constant-Rubecque, Lientenant-General and Quartermaster-General of the Army of the Netherlands, &c. ;

Who, after having- exchanged their Full Powers, found to be in good and due form, have agreed upon the following Articles :

Boundary to be settled according to the Proces- Verbaux and Drawings of the Commissioners.

Art. I. In order to determine in a precise and invariable manner the line of Boundary between the two States, descriptive Proces- Verbaux of the course of that Boundary, according to the exact drawing of the whole of the Frontier, made separately by the engineers and geometricians appointed on either side, and under the direction of the Sieur Etienne Nicolas Rousseau, Lieut.- General of Royal Engineers. &c, for France, and the Sieur Jean Egbert van Gorkum, Lieutenant-Colonel of the Staff df the Quartermaster-General, &c, for the Netherlands, and both Members of the Boundary Commission. The said Proces- Verbaux are accompanied by sketches or figurative plans drawn upon a large scale, to serve as explanation if necessary, and of the condition of the stakes to be planted.

Proces- Verbaux and Drawings of Boundary agreed, upon.

The Boundary which extends from the North Sea to the Moselle has been divided into 6 sections; the Proces- Verba u.r as well as the Drawings of each section have been agreed upon and signed by the Commissioners, namely :

1st. The first section, containing the Boundary between the Sea and the Lys, of 28th March, 1820 ;

2ndly. The second section, containing the Boundary between the Lys and the Scheldt, of 23rd December, 1818 ;

ordly. The third section, containing the Boundary between the Scheldt and the Sambre, of 23rd December, 1818 ;

4thly. The fourth section, containing the Boundary between the Sambre and the Meuse, of 18th June, 1817;

5thly. The fifth section, containing the Boundary between the Meuse and the Grand Duchy of Luxemburg, of 28th March, 1820;

6thly. The sixth section, containing the Boundary of the Grand Duchy of Luxemburg and France, of the 28th March, 1820.

62p 2 s

28 March, 1820.] FRANCE AND NETHERLANDS. [No. 99

[Boundaries.]

Proces- Verbaux and Drawings to be annexed to the Treaty.

All these descriptive Proces- Verbaux of the course of the Boundary, as well as the Drawings which accompany them, shall be annexed to the present Treaty, and shall have the same force and value as if they were inserted word for word.

Exchanges, Cession*, and Ratifications.

Art. II. The exchanges, cessions, and ratifications agreed upon and settled between the two Kingdoms, and inserted in the descriptive Proces- Verbaux of the Boundary of the 6 sections, shall be repeated in the following Articles of the present Treaty, indicating the Articles of the Proces- Verbaux with which they correspond.

Arts. III. to XL. (See Table.)

Confirmation of Article XXX. of Treat)/ of 18th November, 1779, between Hangar// and France.

Art. XLI. It being necessary that Article XXX. of the Treaty of ] 8th November, 1 779, concluded between the Empress-Queen of Hungary and Bohemia, relative to the Boundaries of their respective States, and the Netherlands, and other objects relative to the Frontiers, should be fulfilled, and which is worded in the following manner : "In order to enable the subjects of the Empress-Queen to communicate more freely through the Semoy with the Meuse, the Most Christian King agrees to raise the obstacles which the farmers of demesnial Fisheries or others of his subjects may have put in the way of the free use of the said River Semoy. The Commissioners for the execution of the present Convention shall be instructed to agree upon the measures necessary to put a stop to those obstacles. The Proces- Verbaux which they shall have drawn up to that effect shall be considered as forming part of this Convention."

Jiemoval of Impediments to the free use of the Purer Semoy.

It is agreed that in order to put a stop from henceforth and for ever to the impediments which may actually exist, and which still throw obstacles in the way of the free course and use of the River Semoy, the Administrators of Rivers and Forests of the two States superintending the River Semoy shall be instructed, after the ratification of the present Boundary Treaty, to proceed to the removal of the different barriers and other works which

626

No. 99] FRANCE AND NETHERLANDS. [28 March, 1820.

[Boundaries.]

may exist and impede the free course of the said River Semoy, and so to settle it that in the middle of the stream of the greatest volume of water, or of the Thalweg, there shall be in the usual width of the stream an opening of 8 metres ; that the navigable arm at the mouth of the River shall be restored as it was and ought to be in conformity with the P races-Verbal of the 29th March, 1780, and that in future no one shall be allowed to erect any Breakwater or other work of whatever nature which might restrain the passage or prevent the free use of the Semoy and the width of the stream settled at 8 metres, as above laid down ; that the Administrators shall, in consequence, be entrusted with the maintenance of the said openings and the preservation of the state of things as re-established, and lastly that the Principal Agents of the said Administrations shall be bound to report once a year, in the month of April, to their respective Prefecture or Government, on the state of the free coarse of the Semoy.

Arts. XLII. to LXIX. (See Table.)

Future Claims to ceded Lands to be inadmissible.

Art. LXX. The present Treaty and the Proces-Verbaux of delimitation regulating the line of Frontier between the two States, as well as the reciprocal concessions of thoroughfares which have been agreed upon, all other pretentions to the right which neigh- bouring Communes of the Frontier may wish to claim over the lands given over to the other State is declared to be inadmissible and annulled.

Art. LXXI. (See Table.)

Date at which exchanges are to take place.

Art. LXXII. The two States shall only reckon their right over the portions exchanged, from the 1st of July next. At that date the soldiers who shall belong to the families whose dwellings have been ceded shall be reciprocally sent home.

Art. LXXIII. Ratifications.

In testimony whereof, we have signed the present Treaty, and have affixed thereto the Seal' of our Arms.

Done at Courtray, 28th March, 1820.

(L.S.) DE MAURE1LLAN.

(L.S.) DE CONSTANT-REBECQUE.

G27 2 s 2

10 May, 1820.] HESSE-CASSEL & HESSE-ROTHENBURG. [No. 100

[Ratibor and Rauden.]

No. 100.— TERRITORIAL CONVENTION between Hesse-Cassel and Hesse-Rothenburg, respecting Ratibor and Rauden. Signed at Cassel, 10th May, 1820.

Art. Table.

Preamble. Reference to Treaties of 16th October, 1815, and 4th March, 1816.

1. Compensation to be made to Hesse-Rothenburg, of landed Possessions

under Prussian Sovereignty.

2. Cession of Ratibor, and the Foundations of Rauden and Ratibor, to

Jlesse- RotJienburg .

3. Ratibor to be purchased by Hesse-Rothenburg from the owner, Hesse-

Cassel providing him with the means.

4. Amount and mode of Payment.

5. The Money and Securities to be paid over to the owner of the Domain.

6. Completion of Indemnification by grant of certain Rights and remission

of a Debt.

7. Cessation of Payments due to the Landgrave according to Treaty of

22nd January, 1816.

8. The grants in fee are made to the Landgrave himself, and do not extend

to his collateral relations.

9. The Landgrave declares that all his claims arising from the Treaties of

16th October, 1815, and 4th March, 1816, are hereby discharged. 10. Ratifications.

(Translation.)

Preamble. Reference to Treaties of 16th October, 1815 ; and

Uh March, 1816.

His Royal Highness the Elector of Hesse, and His Serene Highness the Landgrave of Hesse-Rothenburg, with the intention of arranging at last the compensations stipulated for the House of Hesse-Rothenburg, in Articles XIX. to XXIV. of the Treaty of 16th October, 1815 (No. 37), between the Crown of Prussia and the Electoral House of Hesse, and secured to the House of Hesse- Rothenburg by a Convention* of the same date with the Crown of Prussia, by which the said House acceded to the former Treaty, and also further defined in a subsequent Treaty of 4th March, 1816 (No, 51), have, under Royal Prussian mediation, now resolved to conclude a final Treaty on the subject.

Therefore, Post Director-General von Starckloff, on the part of

* See Appendix. 628

NO. 100] HESSE-CASSEL & HESSE-EOTHEXBUEG. [10 May, 1820.

[Ratibor and Raudcn.]

His Royal Highness the Elector of Hesse, and Privy-Councillor Goessel, on the part of His Serene Highness the Landgrave of Hesse-Rothenburg, have met under the mediating direction of the Royal Prussian Councillor of Legation, von Haenlein, thereto empowered by his Government, and have agreed to the following Treaty.

Arts. I. to X. {See Table.)

Cassel, 10th May, 1820.

LOUIS YON HAENLEIN.

GEO. WILII. VON STARCKLOFF.

CARL WILH. GOESSEL.

629

10 May, 1820.J HESSE-CASSEL & HESSE-ROTHENBURG. [No. 101

[Ratibor and Rauden.]

No. 101.— CONVENTION between Hesse-Casscl and Hesse- Rothenburg, respecting Ratibor and Rauden. Signed at Cassel, 10///. Mag, 1820.

Art. Table.

Preamble. Reference to Treaties of 16th October, 1815, and 4th March, 1816.

1. Compensation to be made to Hesse-Rothenburg of landed Possession.-;

under Prussian Sovereignty.

2. Cession of Ratibor, and the Foundations at Rauden and Ratibor, to

Hesse-Rothenburg.

3. Ratibor to be purchased by Hesse-Rothenburg from the owner, Hesse-

Cassel providing him with the means.

4. Amount of Purchase Money and mode of Payment.

5. Money and Securities to be paid over to the owner of the Property.

6. Completion of Compensation by grant of certain Rights and remission of

a Debt,

7. Cessation of Payments duo to the Landgrave according to Treaty of

22nd January, 1816.

8. Grants of allodial possessions are made to the Landgrave himself, and

do not extend to his collateral relations.

9. The Landgrave declares that all Ins Claims arising from the Treaties of

16th October, 1815, and 4th March, 1816, are hereby discharged. 10. Ratifications. /

(Translation.)

Preamble. Reference to Treaties of 16th October, 1815, and

Wh March, 1816.

His Royal Highness the Elector of Hesse, and His Serene Highness the Landgrave of Hesse-Rothenburg-, with the intention of arranging at last the compensations stipulated for the House of Hesse-Rothenburg, in Articles XIX. to XXIV. of the Treaty of 16th October, 1815 (No. 37), between the Crown of Prussia and the Electoral House of Hesse, and secured to the House of Rothenburg by a Convention* of the same date with the Crown of Prussia, by which the said House acceded to the former Treaty, and also further defined in a subsequent Treaty of 4th March, 1816 (No. 51), have, under Royal Prussian mediation, now resolved to conclude a final Treaty on the subject.

Therefore, Post Director- General von Starckloff, on the part of

* See Appendix. 630

No. 101] HESSE-CASSEL & HESSE-ROTHEXBUEG. [10 May, 1820.

[Ratibor and Rauden*]

the Elector of Hesse, and Privy Councillor-General Goessel, on the part of the Landgrave of Hesse-Rothenburg, have met under the mediating direction of the Royal Prussian Councillor of Legation, von Haenlein, thereto empowered by his Government, and have agreed to the following Treaty. Arts. I. to X. (See Table.)

Cassel, 10th May, 1820.

GEO. WILII. VON STARCKLOFF. LOUIS VON IIAENLEIN. CARL WILII. GOESSEL.

63 1

10 May, 1820.] HESSE-CASSEL & HESSE-ROTHENBURG. [No. 102

[Ratibor and Rauden.]

No. 102. —CONVENTION between Hesse- Cassel and Hesse- Rothenburg, for the Cession of Ratibor and Rauden to Hie Landgrave. Signed at Cassel, 10th May, 1820.

Akt. Table.

Preamble. Reference to Treaty of 16th October, 1815.

1. Accession of Electoral Prince of Hesse to Treaty between Hesse- Cassel

and Hesse- Rothenburg .

2. Delivery by the Electoral Prince to the Landgrave of Hesse- Roth euburg,

of Ratibor, and the Ecclesiastical Foundations of Rauden and Ratibor.

3. The said Possessions delivered with all Appurtenances and Rights which

the Electoral Prince has enjoyed.

4. The Landgrave to enjoy all Rights and Revenues from 1st July, 181'J.

5. Revenues in Arrear, &c, to belong to the former owner.

6. Furniture, Stock, &c, included in Cession.

7. Archives to be delivei'ed to the new owner.

8. Servants to retain their present position.

9. Obligations up to a certain period to be discharged by the former owner.

10. The Landgrave not to be put to any expense for Title and acquisition.

11. The Electoral Prince to receive the amount stipulated in the Treaty of

this day's date between the Elector and the Landgrave.

12. Amount to be applied by the Electoral Prince to satisfy the claims of

Prussia on the Foundation property, and to discharge all Debts, &c.

13. The Landgrave to deliver immediately to the Electoral Prince the

Amounts received from the Elector.

14. A certain Amount to remain as a temporary charge upon the Lordship of

Ratibor.

15. Ratifications.

(Translation.)

Preamble Reference to Treat// of IQth October, 1815.

I lis Royal Highness the Electoral Prince of Hesse by Contract of Purchase with His Serene Highness the Prince of Sayn- Wittgenstein, dated 1st July, 1812, has been in possession of the Lordship of Ratibor since that time.

His Highness the Electoral Prince has likewise, in virtue of the Royal Prussian Cabinet Order of 28th November, 1811, acquired by purchase, the former foundation property at Rauden and Ratibor, and has been in possession thereof since 1st July, 1812.

Now, as His Royal Highness the Elector of Hesse, according to Treaty with His Serene Highness the Landgrave of Hesse-

G:j2

No. 102] HESSE-CASSEL & HESSE-EOTHENBURO. [10 May, 1820.

[Ratitoor and Rauden.]

Rothenburg, of this day's date, wishes to make use of the Lordship of Ratibor, and the aforesaid foundation property at Rauden and Ratibor, as a means of compensation to satisfy the claims of the Landgrave of Hesse-Rothenburg, arising out of the Treaty of 16th October, 1815 (No. 37), between Prussia and Electoral Hesse, and His Highness the Electoral Prince of Hesse, as owner and possessor of those properties, has consented thereto ; so, to avoid a double transfer and to simplify the proceedings, it has been agreed that instead of the acquisition of the properties on the part of the Elector, the Landgrave shall receive them direct from the Electoral Prince, and the Elector shall furnish the means for acquiring them. Therefore the Electoral Prince of Hesse and the Landgrave of Hesse-Rothenburg have resolved to conclude a Treaty for the said acquisition by purchase, and have appointed Post Director-General von Starckloff and Privy-Coun- cillor Goessel as their respective Plenipotentiaries, who have agreed to the following Treaty. Arts. I. to XV. {See Table.)

Cassel, 10th May, 1820.

GEO. WILII. VON STARCKLOFF. CARL WILH. GOESSEL.

boo

10 May, 1820.] HESSE-CASSEL & HESSE-ROT HENBURG. [No. 103

[Corvey.]

No. 103.— CONVENTION between Prussia and Hesse- Rothenburg, for the Cession of the Principality of Corvey to Hesse-Rothenburg . Signed at Cassel, 10th Mag, 1820.

Aht. Table.

Preamble. Reference to Treaty of lGth October, 1815,

1. Cession of the Dominion of Correi/ by Prussia to Hesse- Rotheuburg.

2. Acceptance by Hesse-Roihenburg in full satisfaction of all Claims on

Prussia.

3. Description of the Lordship.

4. Rights appertaining thereto.

5. Free Possession and Right of Disposal.

6. Immediate possession and receipt of Revenues : payment of arrears in

Money.

7. Papers relating to Property to be given up to new Owner.

8. Exception of part of a House at Brenkhausen.

9. Further voluntary Grants on the part of the King of Prussia, viz.,

10. The title of Duchy to the compensation-property in Rauden and Ratibor,

with all Rights appertaining thereto.

11. Redemption of Revenue for Cession of Lands in Katzenelnlogen, payable

by the Elector of Hesse.

12. The Elector renounces all Claim to the Redemption Fund.

13. As Prussia guarantees the Payment of the Revenue and Redemption

Fund, the liability of the Elector ceases.

14. The Elector and the Landgrave cede to Prussia their Rights in regard to

the said Revenue.

15. The grants of Allodial Possession appertain to the Landgrave himself,

and do not extend to his collateral relations.

16. The Elector accedes to tins Treaty, in so far as his interests are con-

cerned. Ratifications.

(Translation.)

Preamble. Reference to -Treaty of 16th October, 1815.

Whereas His Majesty the King of Prussia was pleased to assure to His Serene Highness the Landgrave of Hesse-Rothen- burg, in Art. XIII. of the Treaty concluded between them on the 16th of October, 1815,* the ownership and possession of a Lord- ship under His Majesty's Sovereignty .of 20,000 thalers clear revenue, and the property in the former foundation of Corvey has been selected on the part of the Prussian Crown to form the said Lordship. As, however, the final destination of the Corvey property for this purpose was made dependent on the definitive

* See Appendix. 634

No. 103] HESSE-CASSEL & HESSE-ROTHENBIIRG. [10 May, 1820.

[Corvey.]

arrangement between the Electoral House of Hesse and the Princely House of Hesse-Rothenburg, which has now taken place by a Treaty of this day's date, the two High Contracting Parties have appointed Plenipotentiaries to settle everything about the transfer of the property in question, namely : — His Majesty the King of Prussia, His Councillor of Legation, von Haenlein, Knight, &c. ; and His Serene Iligdmess the Landgrave of Hesse-Rothenburg, Privy-Councillor Goessel, &c, who, in con- junction with Post Director- General von Starckloff, the Pleni- potentiary of His Royal Highuess the Elector of Hesse, have agreed as follows : —

Arts. I. to XVI. {See Table.)

Cassel, 10th May, 1820.

G. W. VON STARCKLOFF. L. VON HAENLEIN. C. W. GOESSEL.

685

15 May, 1820.] Germany. [No. 104

[Final Act of Vienna. Germanic Confederation.]

No. 104. — FINAL ACT of the Ministerial Conferences held at Vienna to complete and consolidate the Organization of the Germanic Confederation. Signed at Vienna, 15th Mag, 1820.*

Akt. Table.

Preamble.

1. Federative Union of Sovereigns and Free Towns of Germany.

2. Internal and Foreign Relations.

3. Exercise of Powers of Confederation.

4. Extension and Completion of Federal Act.

5. No Member can separate himself from the Confederation.

6. Admission of New Members. Consent of all the Members (o changes.

Voluntary Cession of Rights of Sovereignty to a Member of Confede- ration only.

7. Federal Diet the Constitutional Organ of the Federated States.

8. Plenipotentiaries at Diet.

9. Powers of Federative Diet.

10. Resolutions of Diet to be binding.

11. Majority of Voices, in Resolutions of Diet on Ordinary Mattel's.

12. When Diet can form itself into a General Council.

13. Plurality of Voices not Valid in adoption of New Laws or Modifications.

Organic Institutions. New Members. Religious Affairs. Opposition to Majority.

14. Organic Institutions to be resolved in General Assembly by unanimous

Vote. Details in Permanent Council by Plurality.

15. Individual Rights.

16. Possessions of one of the Sovereign Houses passing to another by Right

of Succession. Vote of such New Member.

17. Interpretation of Doubts.

18. Maintenance of Peace.

19. Preliminary Measures.

20. Assistance of Diet claimed by a Member to maintain a Right of Possession.

21. Differences submitted to Diet. Arbitration (Austregal) Decision.

22. Arbitration (Austregal) Court to decide matters in Dispute.

23. Principles upon which Arbitration (Austregaf) Court is to decide.

24. Special Arbitration or Compromise.

25. Maintenance of Order and Tranquillity.

26. Demand of Assistance against Revolution to be complied with by Diet.

27. The Government requiring assistance to explain reasons.

28. Diet to adopt measures in cases of danger to Confederate Slates by

Associations and dangerous machinations.

29. Denial of Justice. Interference in fa vour of Complainant.

30. Private Claims. Decision by Arbitration (AustregaJ) Judgment.

31. Obligation of Diet to watch over Execution of Federal Act, &c.

* The Germanic Confederation was dissolved in 1866. See Treaty ol Peace between Austria and Prussia, signed at Prague on the 23rd August, 1866, Art, IV.

G36

No. 104] GERMANY. [15 May, 1820.

[Final Act of Vienna. Germanic Confederation.]

32. Each Government of the Confederation to see to Execution of the

Common Laws. Exceptions.

33. Measures of Execution. Military Forces.

34. Government charged with Execution obliged to do so. Civil Commis-

sioner to be appointed under Instructions of the Diet.

35. Right of Confederation to declare War, make Peace, enter into Alliances,

and negotiate Treaties.

36. Defence of Confederation and of each separate State against infringement

by Foreign Powers. Provocation to Foreign Powers to be avoided. Reparation to be required by Diet.

37. Examination of Differences between a Foreign Power and a State of the

Confederation. Action of the Diet.

38. Measures of Defence in case of danger to a State of the Confederation.

39. Invasion of Territory of Confederation by a Foreign Power.

40. General Assembly to declare War.

41. All the Confederate States bound to assist in measures of Defence.

42. Minority may concert measures amongst themselves.

43. Mediation of Diet.

44. Any State may furnish a larger Contingent than required.

45. Neutrality in Wars between Foreign Powers.

46. Confederation no Party to a War by a State having Possessions outside

of Limits of Confederation.

47. Exceptions.

48. War being declared by the Confederation, no sepai-ate State can enter

into negotiations of Peace.

49. Powers for negotiating Peace.

50. Obligations of Diet, relative to Foreign Affairs.

51. Military system of the Confederation. Defensive Establishments.

52. Pecuniary Contributions.

53. Internal Administration and Organisation of Confederate States.

54. Assemblies of States in the Countries of the Confederation.

55. Sovereign Princes to Regulate Assemblies of States.

56. Constitutions to be Constitutionally changed.

57. Sovereign Powers to rest with the Supreme Chief of the Government.

58. No Constitution can restrict the Duties imposed by the Federative Union.

59. Liberty of Opinion.

60. Guarantee of Constitution of Assemblies of States by the Diet.

61. Cases in which Diet cannot interfere in affairs of Assemblies of States.

62. Limit to which Article XIII. of Federal Act is applicable to the Free Cities.

63. Mediatised Princes.

64. Proposed measures for the good of the Confederate States.

65. Stipulations reserved for future deliberation. Act to be submitted to

Diet to be converted into a Fundamental Law of the Confederation.

[Ratified by the Diet, June 8, 1820.]

(Translation.*)

Preamble.

The Sovereign Princes and the Free Towns of Germany,

mindful of the engagement which they undertook at the time of

* For French version, see " State Papers," vol. vii., p. 399,

G37

15 May, 1820.] GERMANY. TNo. 104

[Final Act of Vienna, Germanic Confederation.]

the formation of the Germanic Confederation, to strengthen and perfect their union, by developing the fundamental Regulations of the Federal Act, convinced, moreover, that in order to fasten indissolubly the bonds which unite the whole of the States of Germany in peace and harmony, they ought no longer to delay the fulfilment of that engagement, and the satisfac- tion of a want generally felt, by entering upon deliberations in common, have appointed Plenipotentiaries for that purpose, namely : —

His Majesty the Emperor of Austria, King of Hungary and of Bohemia, the Sieur Clement Venceslas Lothaire, Prince of Metter- nich-Winnebourg Ochsenhausen, Duke of Portella, Chamberlain, actual intimate Councillor of His Imperial and Royal Apostolic Majesty, His Minister of State, of Conferences, and of Foreign Affairs, &c. ;

His Majesty the King of Prussia, the Sieur Christian Gunther, Count de Bernstorff, His Minister of State, of the Cabinet, and of Foreign Affairs, &c. ;

The Sieur Frederic Guillaume Louis, Baron de Krusemarc, Lieutenant-General of His Armies, His Envoy Extraordinary and Minister Plenipotentiary to His Imperial and Royal Apostolic Majesty, &c. ;

And the Sieur Jean Emanuel de K lister, His intimate Councillor of State, Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of Wirtemberg, and His Royal Highness the Grand Duke of Baden, &c. ;

His Majesty the King of Bavaria, the Sieur Frederic, Baron de Zentner, His actual intimate Councillor, and Director-General of the Ministry of the Interior, Councillor of the Empire, &c. ; and the Sieur Gottlieb Edouard, Baron de Stainlein, His intimate Councillor and Minister Plenipotentiary to His Imperial and Royal Apostolic Majesty, &c. ;

His Majesty the King of Saxony, the Sieur Detlev, Count de Einsiedel, His Minister and Secretary of State for the Department of the Interior, Chamberlain, &c. ;

The Sieur Frederic Albert, Count de Schulenbourg-Closteroda, His intimate Councillor, Chamberlain, and Minister Plenipotentiary at the Imperial Austrian Court, &c. ;

And the Sieur Jean Auguste Fiirchtegott de Globig, His intimate Councillor, Chamberlain, &c. ;

I lis Majesty the King of the United Kingdom of Great Britain and Ireland, King of Hanover, the Sieur Erneste Frederic Herbert,

c,",s

No. 104] GEEMANY. [15 May, 1820.

[Final Act of "Vienna. Germanic Confederation.]

Count de Munster, Hereditary Grand Marshal of the Kingdom, His Minister of State and of the Cabinet, &c. ;

And the Sieur Ernesto Chretien George Auguste, Count de Hardenberg, His Minister of State and of the Cabinet, Envoy Extraordinary and Minister Plenipotentiary to His Imperial and Royal Apostolic Majesty, &c. ;

His Majesty the King of Wirtemberg, the Sieur Ulrick- Lebrecht, Count de Mandelsloh, His Minister of State, and Minister Plenipotentiary to His Imperial and Royal Apostolic Majesty,

&C. ;

His Royal Highness the Grand Duke of Baden, the Sieur Reinhart, Baron de Berstett, His actual intimate Councillor, Minister of State and of Foreign Affairs, &c. ;

And the Sieur Frederic Charles, Baron de Tettenborn, Lieutenant-General and General Aide-de-Camp of the Grand Duke, Envoy Extraordinary and Minister Plenipotentiary to His Imperial and Royal Apostolic Majesty, &c. ;

His Royal Highness the Elector of Hesse, Baron Munchausen, His intimate Councillor and Chamberlain, Envoy Extraordinary and Minister Plenipotentiary to His Imperial and Royal Apostolic Majesty, &c. ;

His Royal Highness the Grand Duke of Hesse, the Sieur Charles du Bos, Baron du Thil, His actual intimate Councillor, &c. ;

His Majesty the King of Denmark, Duke of Holstein and Lauenburg, the Sieur Joachim Frederic, Count de Bernstorff, His intimate Councillor of Conferences, Envoy Extraordinary and Minister Plenipotentiary to His Imperial and Royal Apostolic Majesty, &c. ;

His Majesty the King of the Netherlands, Grand Duke of Luxemburg, the Sieur Antoine Reinhart de Falck, Minister of Public Instruction, of National Industry, and of the Colonies, &c. ;

His Royal Highness the (J rand Duke of Saxe-Weimar, and their Serene Highnesses the Dukes of Saxe-Gotha, Saxe-Coburg, Saxe-Meiningen, and Saxe-Ilildburghausen, the Sieur Charles Guillaume, Baron de Fritsch, actual intimate Councillor of the Grand Duke of Saxe-Weimar-Eisenach, Minister of State, &c. ;

His Serene Highness the Duke of Brunswick Wolfenbuttel, the Count Minister, &c. ; and the Count de Hardenberg, &c. (as above described) ;

His Serene Highness the Duke of Nassau, the Sieur Ernest Francis Louis Mareschal, Baron de Bieberstein, His directing Minister of State, &c. ;

039

15 Mav. 1820..] GERMANY. [No. 104

[Final Act of Vienna. Germanic Confederation.]

Their Royal Highnesses the Grand Dukes of Mecklenburg- Schwerin and Strelitz, the Sieur Leopold Hartwig, Baron de Plessen, Minister of State and of Cabinet of Mecklenburg- Schwerin, &c. ;

Their Serene Highnesses the Dukes of Holstein-Oldenburg, Anhalt-Kothen, Anhalt-Dessau, and Anhalt-Bernburg, the Princes of Schwartzburg-Sondershausen and Rudolstadt, the Sieur Giinther Henri de Berg, President of the High Court of Cassation of Olden- burg, Envoy of the Duchy of Holstein-Oldenburg, of the Dukes of Anhalt, and of the Princes of Schwa rtzburg, to the German Confederation ;

Their Serene Highnesses the Princes of Ilohenzollern-IIechin- gen and Hohenzollern-Signiaringen, Lichtenstem, Reuss (both branches), Schaumburg-Lippe, Lippe and AValdeck, the Baron de Bieberstein, &c. (as above described) ;

The Free Towns of Lubeck, Frankfort, Bremen, and Hamburg, the Sieur Jean Frederic Hach, Senator of Lubeck and Envoy ;

Who, being assembled in Conference at Vienna, after the exchange of their Full Powers, found to be in good and due form, and after maturely considering and adjusting the various views, desires, and proposals of their Governments, have definitively agreed upon the following Articles : —

Federative Union of Sovereigns and Free Towns of German//.

Art. I. The Germanic Confederation is a union according to international law of the Sovereign Princes and Free Towns of Germany, for the preservation of the independence and inviola- bility of the States comprised in it, and for maintaining the internal and external securit}^ of Germany.

Internal and Foreign Relations.

Art. II. As to its internal relations, this Union consists of a community of States independent of each other, with reciprocal and equal rights and obligations stipulated by Treaties. As to its external relations, it constitutes a collective Power, bound together in political unity.

Exercise of Powers of Confederation. Art. III. The compass and the limitations which the Con- federation has assigned for its operation are laid down in the Federal Act, which is the primitive compact, and the first funda- mental law of this union, While it declares the object of the

6-40

No. 104] GERMANY. [15 May, 1820.

[Final Act of Vienna. Germanic Confederation.]

Confederation, that Act determines at the same time its rights and obligations.

Extension and Completion of Federal Act.

Art. IV. The right of developing and perfecting the Confede- ration Act, in so far as the object proposed therein renders this necessary, belongs to the whole of the Members of the Confedera- tion. But the resolutions to be adopted for this purpose must not be in contradiction to the spirit of the Federal Act, nor depart from the primitive character of the Federation.

No Member can separate himself from the Confederation.

Art. V. The Confederation is established as an indissoluble Union, and therefore none of its Members can be at liberty to secede from it.

Admission of new Members. Consent of all the Members to Changes. Voluntary Cession of Bights of Sovereignty to a Member of Confederation only.

Art. VI. According to its original intent, the Confederation is limited to the States which now belong to it. The admission of a new Member can only take place if all the Members of the Confederation consider it compatible with the existing relations, and accordant with the interests of the whole. Changes in the present state of the possession of the Members of the Confedera- tion cannot alter their rights and obligations in reference to the Confederation, without the express consent of all its Members. A voluntary cession of rights of sovereignty belonging to a terri- tory of the Confederation, cannot take place without such consent, except in favour of one of the Confederate States.

Federal Diet the Constitutional Organ of the Federated States.

Art. VII. The Federative Diet, formed by the Plenipoten- tiaries of all the Members of the Confederation, represents the Confederation in its entirety ; it is the constitutional and per- petual organ of its will and action.

Plenipotentiaries at Diet. Art. VIII. The Plenipotentiaries at the Diet are individually dependent on those who delegate them, and responsible only to them for the faithful observance of their instructions, as well as for their proceedings in general.

C41 2 t

15 May, 1820.] GERMANY. No. 104

[Final Act of Vienna. Germanic Confederation.]

Poioers of Federative Diet.

Art. IX. The Federative Diet exercises its rights and fulfils its obligations only within the limits prescribed to it. Its action is determined by the provisions of the Federal Act, and by the Fundamental Laws passed or to be passed in conformity with that Act; but where these are not sufficient, by the objects of the fun federation as defined in the Fundamental Act.

Resolutions of Diet to be binding.

Art. X. The collective will of the Confederation is declared by the Resolutions of the Diet constitutionally passed ; and those Resolutions are constitutionally passed which, being within the competency of the Diet, have been voted freely after discussion^ either in the ordinary Council or in the General Assembly ("Plenum"), according as the one or the other is prescribed by the Fundamental legal provisions.

Majority of Voices, in Resolutions of Diet on ordinary matters.

Art. XI. As a general rule, the Diet passes such Resolutions as are required for the management of the common affairs of the Confederation in the ordinary Council, and by an absolute majority of votes. This form of Resolution is adopted in all cases wherein the general principles already established are to be applied, or laws and arrangements already decided upon are to be put into execution ; and in general in all matters of deliberations not positively excepted therefrom by the Federal Act or by subse- quent Resolutions.

When Diet can form itself into a General Council.

Art. XII. The Diet forms itself into a General Assembly (•■ Plenum") only in cases expressly specified by the Federal Act. and also in the event of a Declaration of War, or of the Ratifica- tion of a Treaty of Peace on the part of the Confederation, or when the question of the admission of a new Member into the Confederation is to be decided. If in particular cases the question arises Avhether a subject belongs to the General Assembly, the Ordinary Council has to decide thereon. No discussion or deliberation takes place in the General Assembly. It decides only whether a Resolution prepared in the Ordinary Council is to he adopted or rejected. For a valid Resolution of the General Assembly, a majority of two-thirds of the votes is necessary.

642

No. 104] GERMANY. [15 May, 1820.

[Final Act of Vienna. Germanic Confederation.]

Plurality of Voices not valid.

Art. XIII. No decision by plurality of votes can take place in the following instances : —

Adoption of New Laws, or Modifications.

1. In the adoption of new fundamental laws, or alteration of those already in force.

Organic Institutions.

2. In organic arrangements, that is to say, in those per- manent regulations which form the means of accomplishing the declared objects of the Confederation.

New Members.

3. In the admission of new Members into the Confederation.

Ileligious Affairs.

4. In Religious affairs.

Opposition to Majority.

There can, however, be no definitive decision on matters of this nature until after due examination and discussion of the reasons which separate Members of the Confederation have to give in opposition, and the explanation of those reasons can in no case be refused.

Organic Institutions to be restored in General Assembly by unanimous

Vote.

Art. XIV. With reference particularly to the organic institu- tions, not only must the preliminary question whether they are necessary under the existing circumstances, but also the scheme and design thereof in their general outlines and essential arrange- ments, be decided on by a unanimous vote of the General Assembly (" Plenum ").

Details in Permanent Council by Plurality.

If the decision is favourable to the proposed institution all further proceedings in regard to the details belong to the Ordinary Assembly, which decides by a majority of votes upon other ques- tions still arising thereon, and, if necessary, appoints a Commis- sion from amongst its Members, in order to adjust the different opinions and propositions with the greatest possible indulgence and respect to the relations and wishes of each.

C43 2 t 2

5 Ma;, 1820.] GERMANY. [No. 104

[Final Act of Vienna. Germanic Confederation.]

Individual, Rights.

Art. XV. In cases where the Members of the Confederation appear, not in their pacted unity but as individual, self-existent, and independent States, and consequently jura singulorum prevail, « ir where there is required from individual Members of the Con- federation a special performance or allowance towards the Con- federation, that is not included in the common obligations of all, no resolution that is binding on them can be passed without the free consent of all that are interested.

Possessions of one of the Sovereign, Houses passing to another by Eight of Succession. Vote of such neiv Member. Art. XVI. Whenever the possessions of a Sovereign German House pass by succession to another, it depends upon the whole Confederation whether and to what extent the votes attached to the said possessions in the General Assembly (" Plenum ") shall be given to the new possessor, considering that no Member of the Confederation can have more than one vote in the ordinary Assembly.

Interpretation of Doubts. Art. XvII. For the maintenance of the real meaning of the Federal Act, the Diet is called upon to explain the provisions contained therein in conformity with the object of the Confedera- tion, should any doubt arise as to their interpretation, and to secure in all cases that occur the proper application of the direc- tions of this document.

Maintenance of Peace.

Art. XVIII. As concord and peace are to be maintained un- disturbed among the Members of the Confederation, if the internal tranquillity and security of the Confederation be in any way threatened or disturbed, the Diet lias to take counsel upon the means of preserving or re-establishing them, and to pass the resolutions adapted thereto, under the guidance of the provisions contained in the following Articles.

Preliminary Measures.

Art. XIX. If acts of violence are to be feared or have actually occurred between Members of the Confederation, the Diet is called upon to take preliminary measures whereby all self-help may be prevented or stopped if already undertaken. For this purpose

644

No. 104] GERMANY. [15 May, 1820,

[Final Act of Vienna. Germanic Confederation.]

the Diet has above all to take care that the state of possession is maintained.

Assistance of Diet claimed by a Member to maintain Bight oj

Possession. Art. XX. If the help of the Diet be claimed by a Member of the Confederation for the protection of the state of possession, and the most recent state of possession is disputed, for this special case the Diet shall be authorized to invite a Member of the Con- federation in the vicinity of the territory to be protected, and not interested in the matter, to have the case of the most recent possession and the intended disturbance thereof summarily examined without delay before its Supreme Court of Justice, and a legal sentence passed thereon, the execution of which is to be accomplished by the Diet with the means assigned to it for the purpose, if the Confederate State against which it is directed does not on previous invitation voluntarily comply with it.

Differences submitted to Diet. Arbitration (Austregal) Decision. Art. XXI. In all differences between the Members of the Confederation submitted to the Diet by virtue of the Federal Act, the Diet shall first try the way of conciliation by means of a Committee. If the differences cannot be settled in this way the Diet has to procure the decision of it by an Arbitration Court (Austragai-Instanz), observing therein, so long as no other con- vention shall have been made among the Members of the Confede- ration respecting arbitration tribunals, the regulations contained in the resolutions of the Diet of 16th June, 1817, as well as the special resolution to be passed in consequence of simultaneous instructions issued to the Envoys of the Diet.

Arbitration (Aust regal) Court to decide matters in Dispute.

Art. XXII. If, according to the above-mentioned Eesolution of the Diet, the Supreme Court of a Confederate State has been chosen as an Arbitration (Austragal-Instanz) Court, to it alone belongs the direction of the proceedings and the decision of the affair in all its principal and accessory points unrestrictedly and without any further interference, either of the Diet or the Govern- ment of the country therein. Nevertheless, the latter, upon the motion of the Diet, or of the litigating parties, in case of delay on the part of the Court of Justice, will issue the necessary directions to accelerate the decision.

G45

15 May, 1820.] GERMANY. [No. 104

[Final Act of Vienna. Germanic Confederation.]

Principles upon which Arbitration (Anstregcd) Court is to decide. Art. XXIII. Where there are no special rules for deciding-, the Arbitration (Austregal) Tribunal is to have recourse to those legal sources subsidiarily observed by the tribunals of the Empire in legal cases of the same kind, in so far as they are still applic- able to the actual relations of the Members of the Confederation.

Special Arbitration or Compromise. Art. XXIV. The Members of the Confederation are free, moreover, to come to an agreement both with regard to individual disputes and to all future cases, by special arbitration or com- promise, inasmuch as previously existing arbitration authorities settled by family compact, or by Treaty, are not abolished or altered by the institution of the Arbitration Court of the Con- federation.

Maintenance of Order and Tranquillity. Art. XXV. The maintenance of internal tranquillity and order in the Confederate States belongs to the respective Governments only. As an exception, however, with regard to the internal security of the whole Confederation, and in consequence of the obligation of its Members mutually to assist each other, the whole may co-operate for the preservation or restoration of tranquillity, in case of the resistance of subjects against their Government, in that of an open revolt, or dangerous movements in several States of the Confederation.

Demand of Assistance against Revolution to be complied with by

Diet. Art. XXVI. When the internal tranquillity of a Confederate State is immediately endangered by the resistance of subjects to the authorities, and the spreading of the seditious movements is to be feared, or when an actual revolt has broken out, and the Government of the country, after having exhausted all constitu- tional and legal means, calls for the assistance of the Confedera- tion, the Diet is bound to cause the most prompt assistance to be •given for the re-establishment of order. If, in the latter case, the Government of the country is notoriously unable to repress the revolt by its own forces, and is at the same time prevented by circumstances from claiming the assistance of the Confederation, the Diet is nevertheless bound, even without being called upon, to proceed to the restoration of order and security. In any case, however, the measures adopted must not continue any longer than

046

No. 104] GERMANY. [15 May, 1820.

[Final Act of Vienna. Germanic Confederation.]

the Government to which the aid of the Confederation has been afforded considers necessary.

The Government requiring assistance to explain reasons. Art. XXVII. The Government which has received such assist- ance is bound to inform the Diet of the cause of the disturbances Avhich have arisen, and to send in a satisfactory account of the measures taken for securing the re-established legal order.

Diet to adopt measures in cases of danger to Confederate States by Associations and dangerous machinations.

Art. XXVIII. If public tranquillity and legal order are threatened in several of the Confederated States by dangerous Associations and designs, and against which sufficient measures can only be taken by the co-operation of the whole, then the Diet is authorized and called upon to deliberate upon and to pass such measures, after having communicated with the Governments most immediately in danger.

Denial of Justice. Interference in favour of Complainant.

Art. XXIX. If the case of a denial of justice occur in one of the States of the Confederation, and effective aid cannot be obtained in a legal manner, the Diet is bound to entertain, when proved, the complaints of the denial or stoppage of justice, which must be judged according to the Constitution and the laws of each country, and thereupon to cause the Federal Government which has given cause for the complaints, to give the legal aid required.

Private Claims. Decision by Arbitration (Austregal) Judgment.

Art. XXX. If claims made by private persons cannot be ad- justed on account of the obligation to satisfy them being doubtful or contested between several Members of the Confederation, the Diet, at the request of those interested, is first of all to try to effect an arrangement in a friendly way ; if, however, that en- deavour does not succeed, and the Members of the Confederation concerned do not agree to a compromise within a period to be fixed, it shall cause the preliminary question in dispute to be legally decided by an Arbitration Court.

Obligation of Diet to watch over Execution of Federal Act, <jc. Art. XXXI. The Diet has the right and is bound to watch over the execution of the Federal Act, and the other Fundamental Laws of the Confederation, the resolutions adopted in accordance

647

15 May, 1820.] GERMANY. [No. 104

[Final Act of Vienna. Germanic Confederation.]

with its competence, the awards pronounced by Arbitration Courts, the compromises guaranteed by the Confederation, and the arrangements effected by the mediation of the Diet, as well as the maintenance of the special guarantees undertaken by the Confederation ; and for this purpose, after exhausting all other Federal Constitutional means, to have recourse to the requisite executionary measures, strictly observing the provisions and rules established for this purpose in the special execution regulations.

Each Government of the Confederation to see to Execution of the Common Laws. Exceptions. Art. XXXII. Each Government of the Confederation being obliged to see to the execution of the Federal Resolutions, and the Diet not being authorized to interfere directly in the internal administration of the Confederated States, measures of execution can only as a rule be taken against the Government itself. Ex- ceptions to this rule occur, however, when a Government, in default of insufficient means of its own, claims the assistance of the Con- federation, or when the Diet, under the circumstances mentioned in Article XXVI. is obliged, without being called upon, to take measures for the re-establishment of order and general security. In the first case, however, it must always proceed according to the propositions of the Government to which the assistance is given ; and in the second case also, so soon as the Government has recovered its authority.

Measures of Execution. Military Forces.

Art. XXXIII. Measures of execution are decided on and accomplished in the name of the Confederation. For that purpose the Diet, in consideration of local circumstances and of particular relations, charges one or more Governments not interested in the matter with the execution of the measures decided on, and determines at the same time the strength of the troops to be employed, and the duration of their employment, which are to be regulated in accordance with the object of the execution in each case.

Government charged with execution obliged to do so. Civil Commissioner to be appointed under Instructions of the Diet.

Art. XXXIV. The Government on which the charge is laid, and which it is bound to undertake as a Federal duty, appoints a Civil Commissioner for the purpose, who has the immediate

G48

No. 104] GERMANY. [15 May, 1820.

[Final Act of Vienna. Germanic Confederation.]

conduct of the execution proceedings, in conformity with the special instructions drawn up according to the directions of the Diet by the Government which has to carry them out. If the charge has been entrusted to several Governments, the Diet decides which of them is to appoint the Civil Commissioner. The Government charged with the execution shall, during the pro- ceedings, keep the Diet informed of their progress, and shall acquaint it with the termination of the business so soon as the object shall have been fully accomplished.

Right of Confederation to declare War, make Peace, enter into Alliances, and negotiate Treaties. Art. XXXV. The Confederation has the right, as a Collective Power, to declare war, to make peace, to contract alliances, and to conclude other Treaties. According, however, to the object of the Confederation expressed in Article II. of the Federal Act, it only exercises this right for its own defence, for the maintenance of the self-existence and external security of Germany, as well as for the independence and inviolability of the individual States of the Confederation.

Defence of Confederation and of each separate State against infringement by Foreign Poiuers. Art. XXXVI. As all the Members of the Confederation have engaged by Article XL of the Federal Act to defend the whole of Germany, as well as each individual State of the Confederation, against every attack, and reciprocally to guarantee the integrity of the whole of their Possessions comprised within the Union, no individual State of the Confederation can be injured by a foreign Power, without the injury affecting at the same time, and to an equal degree, the whole of the Confederation.

Provocation to Foreign Poiuers to be avoided. Pepaintion to be

required bij Diet.

On the other hand, the individual States of the Confederation are bound on their side not to give any cause for such injuries, and not to do any to foreign States. Ln case a foreign State should complain to the Diet of any injury inflicted on it by a Member of the Confederation, and this complaint should prove to be well founded, the Diet is bound to require the Member that has given cause for the complaint to make prompt and satisfactory reparation, and to unite with this requisition, according to the

649

15 May, 1820.] GERMANY. [No. 104

[Final Act of Vienna. Germanic Confederation.]

circumstances, such measures as may prevent in time any further consequences injurious to peace.

Examination of Differences between a Foreign Power and a State of the Confederation. Action of the Diet.

Art. XXXVII. If a State of the Confederation calls for the intervention of the Confederation in a difference between that State and a foreign Power, the Diet has to examine carefully into the origin of the difference and the real state of the case. Should the result of that examination be that right is not on the side of the Confederated State, the Diet is earnestly to dissuade it from continuing the contest, to refuse the desired intervention, and, in case of necessity, to take proper measures for the maintenance of peace. Should the result be to the contrary, the Diet is bound to employ its mediation and intercession in favour of the injured State in the most effectual manner, and to extend them as far as is necessary to obtain complete security and appropriate satis- faction for that State.

Measures of Defence in case of Danger to a State of the

Confederation.

Art. XXXVIII. When from the notification of a Member of the Confederation, or other authentic information, there is reason to believe that an individual State of the Confederation, or the whole Confederation, is threatened with a hostile attack, the Diet must immediately take into consideration the question whether there is any real danger of such an attack, and decide thereon with the least possible delay. If the danger is recognized there must be passed simultaneously with the decision to that effect, a resolution relative to the measures of defence which are imme- diately to be taken in such a case. Both the decision and 'resolu- tion above-mentioned proceed from the ordinary Assembly, which proceeds therein according to its standing rule of the absolute majority of votes.

Invasion of Territory of Confederation by a Foreign Power.

Aut. XXXIX. If the territory of the Confederation is invaded by a foreign Power, the state of war commences immediately, and in this case whatever may be the ulterior decision of the Diet, the necessary measures of defence must be adopted without delay.

650

No. 104] GERMANY. [15 May, 1820.

[Final Act of Vienna. Germanic Confederation ]

General Assembly to declare War.

Art. XL. If the Confederation finds itself under the necessity of formally declaring war, that declaration can only be decided on in the General Assembly, according to the established rule, by a majority of two-thirds of the votes.

All the Confederate States bound to assist in measures of Defence. Art. XLI. The Resolution passed in the ordinary Assembly as to the reality of the danger of a hostile attack, binds all the States of the Confederation to take such measures of defence as are considered necessary by the Diet. In like manner, the Declaration of War pronounced by the General Assembly binds all the Confederated States to take an immediate part in the common war.

Minority may concert measures amongst themselves. Art. XLII. If the preliminary question relative to the exist- ence of danger is decided in the negative by a majority of votes, such of the Confederated States as are convinced of the reality of the danger are nevertheless at liberty to agree among themselves upon common measures of defence.

Mediation if Diet.

Art. XLIII. If in any case wherein the danger and defence concern individual States of the Confederation, one of the con- tending parties applies for the mediation of the Confederation, the Diet will undertake the mediation, with the previous consent of the other party, in so far as it may be considered compatible with the state of things and with its own position ; nevertheless, there must be no hindrance therefrom in the resolutions respecting the measures of defence to be adopted for the security of the territoiy of the Confederation, nor any stoppage or postponement in the execution of those already decided on.

Any State may furnish a larger Contingent than required. Art. XLIV. When war has broken out eveiy State of the Confederation is at liberty to furnish, for the common defence, a larger force than its Federal contingent amounts to ; but no claim can be made on the Confederation on this account.

Neutrality in Wars between Foreign Poioers. Art. XLV. If in a war between foreign Powers, or in other cases, circumstances arise which occasion the apprehension of an

651

15 May, 1820.] GERMANY. [No. 104

[Final Act of Vienna. Germanic Confederation.]

infraction of the neutrality of the Federal territory, the Diet is to decide in the ordinary Assembly without delay upon the requisite measures for the maintenance of that neutrality.

Confederation no Parti/ to a War by a State /taring Possessions outside of Limits of Confederation.

Art. XL VI. If a Confederate State having possessions beyond the limits of the Confederation enters into a war in its position as an European Power, such a war, so long as it does not affect the relations and obligations of the Confederation, remains quite foreign to it.

Exceptions. Art. XLVII. In cases wherein such a State is threatened or attacked in its possessions situated beyond the Confederation, the liability of the Confederation only extends to common measures of defence, or to participation and assistance only in so far as the Diet, after previous deliberation, has recognized by a majority of votes in the ordinary Assembly, the existence of danger for the Federal territory. In the latter case the provisions of the preceding Articles are equally applicable.

War being declared by the Confederation, no separate State can enter into negotiations of Peace. Art. XLVIII. The stipulation of the Federal Act in virtue whereof, when once war is declared by the Confederation, no Member thereof can enter by itself upon negotiations with the enemy, nor by itself agree to an armistice, or conclude peace, is equally binding upon all the Confederated States, whether they have possessions out of the territories of the Confederation or not.

Powers for Negotiating Peace. Art. XLIX. When negotiations are carried on, on the part of the Confederation, for the conclusion of peace, or of an armistice, the Diet has to appoint a Committee for the special direction of them ; but for the actual business of the negotiations it has to nominate its own Plenipotentiaries, and to furnish them with appropriate instructions. The acceptation and confirmation of a Treaty of Peace can only take place in the General Assembly.

Obligations of Diet relative to Foreign Affairs.

Art. L» With reference to foreign affairs in general, it is the duty of the Diet : —

052

No. 104] GERMANY. [15 May, 1820.

[Final Act of Vienna. Germanic Confederation.]

1. To watch, as organ of the whole Confederation, over the maintenance of peaceable and friendly relations with foreign States ;

2. To receive the Envoys of foreign Powers accredited to the Confederation, and to appoint Envoys, if it should be found necessary, to represent the Confederation at foreign Courts ;

3. To conduct negotiations and to conclude Treaties for the whole Confederation, when occasions require ;

4. To employ the intercession of the Confederation with foreign Governments for individual Federal Governments upon their requisition, and, in like manner, to intervene with individual Members of the Confederation on the requisition of foreign States.

Military System of the Confederation. Defensive Establishments. Art. LI. The Diet is moreover bound to decide upon the organic institutions relating to the military system of the Con- federation, and upon the defensive arrangements required for the security of its territory.

Pecuniary Contributions.

Art. LI I. As the attainment of the purpose and the adminis- tration of the affairs of the Confederation require pecuniaiy con- tributions from the Members, the Diet has, —

1. To fix the amount of the ordinary Constitutional expenses, so far as that can, in general, be done ;

2. To determine, as occasions arise, the extraordinary ex- penses required for the execution of special resolutions adopted in reference to recognized purposes of the Confederation, and the necessary contributions to provide for the expenses thereof ;

3. To fix the normal proportion according to which the Members of the Confederation are to contribute ;

4. To arrange and superintend the collection, the application, and the accounts of the contributions.

Internal Administration and Organization of Confederate States.

Art. LIII. The independence guaranteed by the Federal Act to the individual States of the Confederation certainly excludes in general all interference of the Confederation in the internal organization and administration of those States. As, however, the Members of the Confederation have, in the second part of the Federal Act, agreed upon some special provisions, bearing partly

653

15 May, 1820.] GERMANY. [No. 104

[Final Act of Vienna. Germanic Confederation.]

on the guarantee of secured rights, partly on the settled relations of subjects, the Diet is bound to see to the fulfilment of these contracted engagements, if it shall appear by conclusive informa- tion from those interested that such has not been the case. Nevertheless, the application in particular cases of the general Ordinances adopted in conformity with the said engagements is reserved to the Governments only.

Assemblies of States in the Countries of the Confederation.

Art. LIV. As, according to the meaning of Article XIII. of the Federal Act, and the subsequent declarations thereon, there are to be Constitutions of national estates in all the States of the Confederation, the Diet has to take care that this stipulation does not remain without effect in any Confederate State.

Sovereign, Princes to regulate Assemblies of States.

Art. LY. It is left to the Sovereign Princes of the Confede- rate States to regulate this domestic affair with regard both to the heretofore legally existing rights of the estates, and the present prevailing relations.

Constitutions to be Constitutional!// changed.

Art. LYI. The Constitutions of national estates nowT in recognized activity can only be altered again by Constitutional means.

Sovereign Powers to rest with the Supreme Chief of the

Government.

Art. LYII. As the Germanic Confederation, with the excep- tion of the Free Cities, consists of Sovereign Princes, so, according to the fundamental idea thereof hereby given, the whole power of the State must remain united in the Supreme Chief of the State, and the Sovereign cannot be bound by a Constitution of national estates to admit of the co-operation of the estates, except in the exercise of determined rights.

No Constitution can restrict the Duties imposed by the Federative

Union.

Art. LVIII. The Sovereign Princes united in the Confedera- tion cannot be impeded or restricted in the fulfilment of their Federal obligations by any Constitution of national estates.

654

¥.0. 104] GERMANY. [15 May, 1820.

[Final Act of Vienna. Germanic Confederation.]

Liberty of Opinion. Art. LIX. Where the publicity of the proceedings of the national estates is allowed by the Constitution, care must be taken in the business regulations, that the legal limits of free expression be not overstepped either in the proceedings them- selves, or iu then- publication by the press, in such a manner as to imperil the tranquillity of the individual State, or of the whole of Germany.

Guarantee of Constitution of Assemblies of States by the Diet.

Art. LX. If a Member of the Confederation solicits the guarantee of the Confederation for the Constitution of the national estates established in his country, the Diet is authorized to undertake it. It thereby acquires the right, on the applica- tion of those concerned, of maintaining the Constitution, and of arranging any differences that have arisen as to its interpretation or application, by friendly mediation or compromise, if no other method and way are legally prescribed.

Cases in which Diet cannot interfere in Affairs of Assemblies of

States.

Art. LXI. Excepting in the case of having undertaken a special guarantee of a Constitution of national estates and of the maintenance of the stipulations respecting Article XIII. of the Federal Act here established, the Diet is not authorized to inter- fere in the affairs of national estates or in disputes between the Sovereigns and their estates, so long as they do not assume the character denoted in Article XXVI., in which case the provisions in this, as well as of Article XXVIL, also become applicable. But Article XLVI. of the Act of the Congress of Vienna of the year 1815 (No, 27), relative to the Constitution of the Free City of Frankfort, is in no way altered hereby.

Limit to which Article XIII. of Federal Act is applicable to the

Free Cities.

Art. LXI I. The preceding stipulations in regard to Article XIII. of the Federal Act are applicable to the Free Cities, in so far as their special Constitutions and relations admit of it.

Mediatized Princes.

Art. LXIII. The Diet has to attend to the exact and perfect fulfilment of the stipulations contained in Article XIV. of the

655

15 May, 1820.] GERMANY. [No. 104

[Final Act of Vienna. Germanic Confederation.]

Federal Act relative to the former States of the Empire now mediatized, and to the former immediate nobility of the Empire. Those Members of the Confederation in whose territories the possessions of the same are incorporated, are bound towards the Confederation to the steadfast maintenance of the relations of public right created by those stipulations. And although the disputes arising upon the application of Ordinances issued, or of Conventions concluded in conformity with Article XIV. of the Federal Act, must be submitted to the decision of the competent authorities of the States in which the possessions of the mediatized Princes, Counts, and Lords are situated, they are free, neverthe- less, in case legal and Constitutional relief is denied them, or a partial legislative declaration is made injurious to the rights secured to them by the Federal Act, to have recourse to the Diet, which, in such a case, is bound to see that satisfactory redress is- given, if the complaint prove well founded.

Proposed measures for the good of the Confederate States.

Art. LXIV. If individual Members of the Confederation pro- pose to the Diet measures of public benefit, the accomplishment of which can only be attained by the co-operating participation of all the Confederated States, and that the Diet recognizes the expediency and feasibility of the proposed measures in general, it has then to take into careful consideration the means of carrying them out, and use its persevering endeavours to obtain the necessary voluntary agreement among all the Members of the Confederation for the purpose.

Stipulations reserved for future deliberation. Art. LXV. The matters submitted to the consideration of the Diet in the special stipulations of the Federal Act, Articles XVI., XVIII., and XIX. are reserved for its further deliberation, in order to effect by common consent arrangements as uniform as possible.

Act to be submitted to Diet to be converted into a Fundamental Laio

of the Confederation.

The present Act shall be submitted to the Diet by means of a presidential proposal, as the result of an unchangeable engage- ment among the Members of the Confederation, aud thereafter declarations to the same effect by the Confederated Governments shall, by a formal resolution of the Diet, be enacted as a Funda-

656

No. 104] GERMANY. [15 May, 1820.

[Final Act of Vienna. Germanic Confederation.]

mental Law of the Confederation, which shall have the same force and validity as the Federal Act itself, and shall serve the Diet as a rule of conduct not to be deviated from.

In witness whereof all the Plenipotentiaries here assembled have signed the present Act, and sealed it Avith their Arms.

Done at Vienna, on the loth of May, 1820.

(L.S.) FURSTEN VON METTERNICTI.

(L.S.) GRAFEN VON BERNSTORFF.

(L.S.) FREIIIERRN VON KRUSEMARCK.

(L.S.) J. E. VON KUSTER.

(L.S.) FREIIIERRN VON ZENTNER.

(L.S.) FREIIIERRN VON STAINLEIN.

(L.S.) GRAFEN VON EINSEDEL.

(L.S.) GRAFEN VON SCHULENBURG.

(L.S.) II. A. F. VON GLOBIG.

(L.S.) E. F. N. GRAFEN" VON MUNSTER.

(L.S.) E. C. G. A. GRAFEN VON IIARDENBERG.

(L.S.) U. L. GRAFEN VON MANDELSLOII.

(L.S.) FREIIIERRN VON BERSTETT.

(L.S.) FREIIIERRN VON TETTENBORN.

(L.S.) FREIIIERRN VON MUNCHIIAUSEN.

(L.S.) K. DU BOS FREIIIERRN DU THIL.

(L.S.) J. F. GRAFEN VON BERNSTORFF.

(L.S.) A. R. FALCK.

(L.S.) C. W. FREIIIERRN VON FRITSCII.

(L.S.) E. F. L. M. FREIIIERRN VON BIEBERSTEIN.

(L.S.) L. H. FREIIIERRN VON PLESSEN.

(L.S.) G. II. VON BERG.

(L.S.) J. F. IIACII.

[The foregoing Final Act became the Fundamental Law of the Confederation by a Resolution of the General Assembly of the Germanic Diet, dated 8th June, 1820.]

657 2 u

8 Dec, 1820.1 AUSTRIA, PRUSSIA, AND RUSSIA. [No. 105

[Conferences of Troppau..]

No. 105.— CIRCULAR of the Austrian, Prussian, and Russian Sovereigns to their respective Missions at Foreign Courts, respecting the Affairs of Spain, Portugal, and Naples. Troppau, 8th December, 1820.*

(Translation. J) Informed of the rumours, as extravagant as they are false, which the malevolence of some and the credulity of others have conspired to spread and to credit, on the objects and the results of the Conferences of Troppau, the Allied Courts have judged it expedient to furnish their respective Missions at Foreign Courts with authentic inforniation, to enable them to remove the errors and prejudices which may have been formed on that subject. The accompanying document is designed to fulfil that object. It is not necessary to make any formal communication of it; but there is nothing to prevent its being read confidentially. This narrative being about to be addressed to the Ministers of and of , you will take care to communicate

more particularly with them as to the use you shall make of ir.

Receive, &c.

(Inclosure.) Short Narrative of the first results of the Conferences

at Troppau.

The Events which occurred on the 8th of March in Spain, on the 2nd July at Naples, and the Portuguese catastrophe, have naturally led to a feeling of great anxiety and sorrow in all persons who are under the obligation of watching over the Tran- quillity of States, but at the same time revealing to them the necessity of assembling together and deliberating on the means of preventing all the evils which threatened to fall upon Europe.

It was natural that these feelings should especially create a lively impression on the Powers which had recently stifled Revolution, and which saw it again raising its head. It was not less natural that those Powers, in order to battle with it for the third time, should have recourse to the same means which they had adopted with so much success in that memorable struggle which delivered Europe from the yoke which she had endured for 20 years.

* See also British Circular of 19th January, 1821, respecting Conferences of Laybacb.

f For French version, see " State Papers," vol. viii., p. 1149.

608

No. 105] AUSTRIA, PRUSSIA, AND RUSSIA. [8 Dec, 1320.

[Conferences of Troppau,]

Everything led to the hope, that that Alliance, founded under the ht'.'.sf critical circumstances, crowned with the most brilliant success, affirmed by the Conventions of 1814 (No. 1), 1815 (Nos. 27, 40. & 44), and 1818 (Nos. 87 & 88), at the same time that it had prepared, established, and strengthened the Peace of the World, that it had delivered the Continent of Europe from the military tyranny of the Representative of Revolution, would also be in a position to put a curb on a force no less tyrannical and no less detestable, that of Revolution and Crime.

.Such were the motives and the end of the meeting at Troppau. The first are so evident that they do not require to be developed. The last is so honourable and so salutary, that the good-will of all right-minded men will no doubt follow the Allied Courts in the noble arena into which they are about to enter.

The enterprise which the most sacred engagements impose apon them, is great and difficult; but a happy foresight makes them hope that they will arrive at their result, by invariably maintaining the spirit of those Treaties to which Europe owes the Peace and Union which exist amongst all its States.

The Powers have exercised an undeniable right, in concerting together upon means of safety against those States in which the overthrow of a Government caused by revolution, could only be considered as a dangerous example, which could only result in an hostile attitude against constitutional and legitimate Govern- ments. The exercise of this right became still more urgent, when those who had placed themselves in that position, sought to communicate to neighbouring States the misfortune into which they had themselves plunged, and to propagate revolution and confusion around them. .

There is in that attitude and that conduct an evident rupture of the pact which guarantees to all the Governments of Europe, besides the inviolability of their territory, the enjoyment of the peaceful relations which exclude all reciprocal infringement of their rights.

This undeniable fact is the point from which the Allied Courts started. The Ministers who could be furnished at Troppau with positive instructions from their Courts, concerted together on the principles of the conduct which they were to follow towards those States whose form of Government had received violent shocks, and on the peaceful or coercive measures which, in cases where important effects of a salutary influence could be obtained, might recall those States within the bosom of the Alliance. The

0,").) 2 v 2

8 Dec, 1820.] AUSTRIA, PRUSSIA, AND RUSSIA. [No. 105

[Conferences of Troppau.]

results of these deliberations were communicated to the Courts of Paris and London, in order that on their part they might take them into consideration.

As the Revolution of Naples daily takes deeper root, that no other imperils the tranquillity of neighbouring States to a danger so certain and so imminent, and that it is not possible to act so immediately and so promptly upon any other, they have come to the conviction of the necessity of proceeding according to the above principles, towards the kingdom of the Two Sicilies.

In order to prepare measures of conciliation for that purpose, the Monarchs assembled at Troppau invited the King of the Two Sicilies to join them at Laybach, a step the object of which was solely to deliver the will of His Majesty from all external con- straint, and to constitute that Monarch mediator between his erring peoples, and the States whose tranquillity they threatened. The Allied Monarchs being determined not to recognise a Govern- ment created by open revolt, could only negotiate with the person of the King. Their Ministers and Agents at Naples have conse- quently received the necessary instructions.

France and England have been invited to take part in this movement, and it is hoped that they will not refuse to give their assent, the principle upon which that invitation is founded being in perfect harmony with the Treaties which they have previously agreed to, and offering besides a guarantee of resolu- tions the most pacific and equitable.*

There is nothing new in the system followed by Austria, Prussia, and Russia ; it rests upon the same maxims as those which served as bases of the Treaties upon which the Alliance of the European States was founded. The intimate Union between the Courts which are in the very heart of this Alliance, can thereby only gain more strength and durability. The Alliance will strengthen itself by the same means which the Powers to which it owes its origin adopted to form it, and whbh have thus by degrees made it to be adopted by all the others, who have become convinced of its advantages more than ever incon- testiblc.

Besides, no other proofs are necessary, than that neither the spirit of conquest, nor the pretext of infringing on the Inde- pendence of other Governments in their Internal Administration, nor the project of preventing wise alterations, freely undertaken, * Sec British Circular of 19th January, 1821.

660

No. 105J Austria, Prussia, axd Russia. [8 Dec, 1820.

[Conferences of Troppau.]

and consistent with the true interests of the peoples, have had any part in the Resolutions of the Powers. They only wish to maintain Peace, and to deliver Europe from the curse of Revolu- tion, and to remove or abridge, as much as in them lies, the evils which result from the violation of all principles of order and morality.

To such conditions, the Allied Monarchs think they may hope, as a reward for their efforts and their care, for the unani- mous approval of the world.

«61

24 Dec, 1820.] BADEN AND SWITZERLAND. [No. 106

[Nelleiitrargr.]

No. 106.— CONVENTION between the Grand Duke of

Baden and the Swiss Confederation, concerning the

Principality of NeJlcnbvrg. Carhridie, 24t/t December,

1820.

Art. Table.

Preamble. Reference to Treaty of Prcsburg of 1805 ; and to Treaty of 2nd October, 1810.

1. Division of Estates, Tolls, and ready money Capital between Switzerland

and ha den.

2. Renunciation by Switzerland, of Revenues up to 1821.

3. Estates, Tolls, and ready money Capital of Zurich, ScTiaffhausen, and

Thurgau.

4. Appointment of Commissioners to examine Records and Accounts.

5. Division of Debts and Burtbcns.

G. Delivery of Records, &c, to Baden.

7. Deduction of Sums raised by former Swiss Proprietors.

8. Sale of Domain of KUngenzell to Canton of Thurgau.

9. Ratifications.

(Translation.)

Preamble. Reference to Treaty of Presburg of 1805 ; and to Treaty

of 2nd October, 1810.

In order to give a mark of his friendly sentiments towards Switzerland, and in entire conformity with those displayed on this and several other occasions by his Predecessors, and taking into particular consideration the warm intercession of the Courts of Kussia and Prussia, the Grand Duke of Baden has resolved, after previous deliberation with Ids Minister of State, and some preliminary negociations with the special and extraordinary Embassy of the Swiss Confederation, to enter into an amicable arrangement concerning the Estates, Tolls, and ready money Capital, which, with the acquisition of the Principality of Xellen- burg, have become the property of His Royal Highness, and which, having formerly belonged to several secular and spiritual Foundations, Parish Churches, Communities, Corporations, and Monasteries, especially in the Cantons of Zurich, Schaffhausen, and Thurgau, had been claimed as escheated to the Imperial House of Austria ; under which circumstances they had devolved, by the Treaty of Presburg of 1805,* upon the Crown of Wirtem- berg ; and finally, by the Convention of Paris, of 2nd October, 1810,f upon the Grand Duchy of Baden.

To this end were appointed as Plenipotentiaries, on the part

of His Poyal Highness the Grand Duke, M. Albert Friedrich, His

* Annulled. f See Appendix.

G62

No. 106 J BADEN AND SWITZr.Kl AXD. ?24 Dec, 1820.

[Nellenburg-.]

Royal Highness' s Envoy to the Confederate States of Switzerland, Privy Councillor and Commander of the Order of the Lion of Zahringer ; and on the part of the Swiss Confederation, M. Jean Jacques HSrzel, Councillor of the Canton of Zurich, sent for that purpose to the Court of Baden as Envoy Extraordinary and Plenipotentiary ; who, having recognized each other's Full Powers, have concluded the following- Convention, subject to the Ratifica- tion of their respective Governments.

Division of Estates, To/ Is, and read// inane// Capital beticeen Switzerland and Baden.

Art. 1. Three-fourths of the value of ah the Estates, Tolls, and ready money Capital, formerly belonging to the several Cantons, or to secular and spiritual Foundations, Parishes, Com- munities, Corporations, and Monasteries, in the Principality of Nellenburg, and included in the claims of escheat brought forward by the Imperial House of Austria ; such as they were in the year 1810, transmitted to His Royal Highness the Grand Duke, shall be restored to their former possessors; and the remaining two-fifths shall form an incontrovertible portion of the Grand Ducal Domains.

Arts. II. to VII. (See Table.)

Saie of Domain of Klingenzell to Canton of Thurgau. Art. VIII. His Royal Highness the Grand Duke of Baden, as a compromise for his Claims on the Domain of Klingenzell, in the Canton of Thurgau, will accept the sum of 6,000 florins (standard, 2-1 florins the marc of fine silver), which shall be paid by the Canton of Thurgau within the space of G weeks from the day of the Ratification of the present Convention ; for which sum the above-mentioned Domain of Klingenzell, in its present state and condition, is recognized as the incontrovertible property of the Canton of Thurgau ; the Records and Accounts relating to the Domain of Klingenzell being subject to the provisions contained in Article VI.

Ratifications.

Art. IX. The present Convention shall be ratified within 6 weeks from the date of its signature ; after which the Ratifica- tions shall be mutually exchanged.

To authenticate the 'present Convention, it has been drawn up in Duplicate, and signed and sealed by the two Plenipotentiaries.

Carlsruhe, the 2-lth of December, 1820.

(L.S.)- J. J. II1RZEL. (L.S.) AL. FRIEDRICH.

663

19 Jan., 1821.] GREAT BRITAIN. [No. 107

[Conferences of LaybachJ

NO. 107.— CIRCULAR Despatch to British Mission* at Foreign Courts. London, VJtk January, 1821.

Sik, Foreign Office, 19^ January, 1821.

1 should not have felt it necessary to have made any com- munication to you, in the present state of the discussions begun at Troppau (No. 105) and transferred to Laybaeh, had it not been for a Circular Communication, which lias been addressed by the Courts of Austria, Prussia, and Russia to their several Missions, and which His Majesty's Government conceive, if not adverted to, might (however unintentionally) convey, upon the subject therein alluded to, very erroneous impressions of the past, as well as of the present, sentiments of the British Government.

It has become therefore necessary to inform you. that The King lias felt Himself obliged to decline becoming a Party to the measures in question.

These measures embrace two distinct objects : — 1st, The establishment of certain General Principles for the regulation of the future political conduct of the Allies in the cases therein described: — 2ndly, The proposed mode of dealing, under these principles, with the existing affairs of Naples.

The system of measures proposed under the former head, if to be reciprocally acted upon, would be in direct repugnance to the fundamental Laws of this Country. — But even if this decisive objection did not exist, the British Government would neverthe- less regard the principles on which these measures rest, to be such as could uol lie safely admitted as a system of International Law. They are of opinion that their adoption would inevitably sanction, and, in the hands of less beneficent Monarchs, might hereafter lead to, a much more frequent and extensive interference in the internal transactions of States, than they are persuaded is intended by the August Parties from whom they proceed, or can be recon- cileable either with the general interest, or with the efficient authority and dignity, of independent Sovereigns. They do not regard the Alliance as entitled, under existing Treaties, to assume, in their character as Allies, any such general powers, nor do they conceive that such extraordinary powers could be assumed, in virtue of any fresh Diplomatic Transaction amongst the Allied Courts, without their either attributing to themselves a supremacy incompatible with the rights of other States, or, if to be acquired through the special accession of such States, without introducing

0G4

No. 107] GREAT BRITAIN. [19 Jan., 1821.

[Conferences of Laybach.]

a federative system in Europe, not only unwieldy and ineffectual to its object, but leading to many most serious inconveniences.

With respect to the particular case of Naples, the British Government, at the very earliest moment, did not hesitate to express their strong- disapprobation of the mode and circum- stances, under which that Revolution was understood to have been effected ; but they, at the same time, expressly declared to the several Allied Courts, that they should not consider them- selves as either called upon, or justified, to advise an interference en the part of this Country : They fully admitted, however, that other European States, and especially Austria and the Italian Powers, might feel themselves differently circumstanced ; and they professed that it was not their purpose to prejudge the question as it might affect them, or to interfere with the course which such States might think fit to adopt, with a view to their own security, provided only that they were ready to give every reasonable assurance that their views were not directed to pur- poses of aggrandisement subversive of the Territorial System of Europe, as established by the late Treaties.

Upon these principles the conduct of His Majesty's Govern- ment with regard to the Neapolitan Question has been, from the first moment, uniformly regulated, and copies of the successive instructions sent to the British Authorities at Naples for their guidance have been from time to time transmitted for the infor- mation of the Allied Governments.

With regard to the expectation which is expressed in the Circular above alluded to, of the assent of the Courts of London and Paris to the more general measures proposed for their adoption founded, as it is alleged, upon existing Treaties; in justification of its own consistency and good faith, the British Government, in withholding such assent, must protest against any such interpreta- tion being put upon the Treaties in question, as is therein assumed.

They have never understood these Treaties to impose any such obligations ; and they have, on various occasions, both in Parliament and in their intercourse with the Allied Governments, distinctly maintained the negative of such a proposition : That they have acted with all possible explicitness upon this subject, would at once appear from reference to the deliberations at Paris in 1815 (No. 40), previous to the conclusion of the Treaty of Alliance (No. 44)— at Aix-la-Chapelle in 1818 (Nos. 87 & 88) ; — and subsequently in certain discussions which took place in the course of the last year (Nos. 95 & 104).

Gi35

19 Jan., 1821.] GREAT BRITAIN. [No. 107

[Conferences of Laybach.]

After having removed the misconception to which the passage of the Circular in question, if passed over in silence, might give countenance; and having stated in general terms, without how- ever entering into the argument, the dissent of His Majesty's Government from the general principle upon which the Circular in question is founded, it should be clearly understood that no Government can be more prepared than the British Government is, to uphold the right of any State or States to interfere, where I heir own immediate security or essential interests are seriously endangered by the internal transactions of another State. — But as they regard the assumption of such right, as only to be justified by the strongest necessity, and to be limited and regu- lated thereby, they cannot admit that this right can receive a general and indiscriminate application to all Revolutionary Movements, without reference to their immediate bearing upon some particular State or States, or be made prospectively the basis of an Alliance. — They regard its exercise as an exception to general principles of the greatest value and importance, and as one that only properly grows out of the circumstances of the special case ; but they at the same time consider that exceptions of this description never can, without the utmost danger, be so far reduced to rule, as to be incorporated into the ordinary diplomacy of States, or into the institutes of the Law of Nations.

As it appears that certain of the Ministers of the three Courts have already communicated this Circular Despatch to the Courts to which they are accredited, I leave it to your discretion to make a coiresponding communication, on the part of your Co- vernment, regulating your language in conformity to the prin- ciples laid down in the present despatch. You will take care, however, in making such communication, to do justice, in the name of your Government, to the purity of intention, which has no doubt actuated these August Courts in the adoption of the course of measures which they are pursuing. The difference of sentiment which prevails between them and the Court of London on this matter, you may declare, can make no alteration what- ever in the cordiality and harmony of the Alliance on any other subject, or abate their common zeal in giving the most complete effect to all their existing engagements.

I am, &c.

CASTLEREAGII.

660

No. 108] AUSTRIA, PRUSSIA, AND RUSSIA. [12 May, 1821.

Conferences of Laybach.]

No. M)8.— DECLARATION of the Allied Sovereigns of A nutria, Prussia, and Russia, on the breaking up of the Conferences of Laybach, after the Suppression of the Revolutions in the Two Sicilies and Sardinia. — Signed at Laybach, Uth May. 1821.

(Translation.*)

Europe knows the motives for the resolution taken by the Allied Sovereigns to stifle the Conspiracies, and to put an end to the Disturbances which threatened the existence of that General Peace, the re-establishment of which cost so many efforts and so many sacrifices.

At the very time at which their generous determination was being accomplished in the Kingdom of Naples, a rebellion, if possible, of a still more odious character, broke out in Piedmont.

Neither the ties which for so many centuries unite the Reign- ing House of Savoy to her People, nor the benefits of an en- lightened administration under a wise Prince and under Paternal Laws, nor the unhappy perspective of the evils to which the country was about to be exposed, were able to restrain the designs of the wicked.

The plan for a general overthrow was drawn up. In .that vast combination against the tranquillity of nations, the Pied- montese Conspirators had their part assigned to them. They hastened to fulfil it.

The. Throne and the State have been betrayed ; oaths were violated, and military honour disowned, and the forgetfulness of all duty soon brought about the scourge of all the disturbances.

Everywhere the evil presented the same character, everywhere the same spirit directed those fatal Revolutions.

Not being able to find plausible reasons to justify them, or a national support to maintain them, the authors of those. dis- turbances seek for an apology under false doctrines, they build a still more criminal hope by criminal associations. Por them the salutary empire of the Laws is a yoke to be broken. They dis- claim all feelings which the love of country inspire, and putting in the place of known duties arbitrary and indefinite pretexts of

* For French yersion sec "State Papers," vol. riii., p. 1109.

667

12 May, 1821.] AUSTRIA, PRUSSIA, AND RUSSIA. [No. 108

[Conferences of Laybach.;

a universal change in the constitutive principles of Society, they prepare For the world unending- calamities.

The Allied Sovereigns had discovered the dangers of that Conspiracy in their full extent, but the}' had at the same time seen the real weakness of the Conspirators through the veil of special pleading. Experience has confirmed their anticipations. Resistance which legitimate Authority has met with has been of uo effect, and crime has disappeared before the sword of Justice.

It is not to accidental causes, it is not even to men who behaved so badly in the day of battle, that the ease of such a success is attributable. It arises from a more consoling prin- ciple, and more worthy of consideration.

Providence has struck terror in such guilty consciences, and the disapproval of the Peoples, whose destiny had been com- promised by the promoters of disorder, made them lay down their arms.

Destined simply to fight against and repel rebellion, the Allied Forces, far from upholding any exclusive interest, came to the assistance of subdued Peoples, and they considered it as coming in support of their liberty, and not as an attack against their independence. From that moment war ceased ; from that moment the States which the revolt had overtaken, became friendly States towards the Powers who had never looked for anything but their tranquillity and their prosperity.

In the midst of such serious events, and in such a delicate position, the Allied Sovereigns, in conjunction with their Majesties the King of the Two Sicilies and the King of Sardinia, have considered it indispensable to take temporary measures of pre- caution pointed out by prudence and prescribed by the common good. The Allied Troops, whose presence was necessary for the re-establishment of order, have been distributed in convenient places, with the sole object of protecting the free exercise of legitimate authority and assisting it in preparing, under that protection, the benefits which are to blot out the traces of such great misfortunes.

The justice and disinterestedness which have presided over the deliberations of the Allied Sovereigns shall always regulate their policy. For the future, as in time past, the object of that policy will always be the preservation of the Independence and of the Rights of each State, such as they are recognised and defined in existing Treaties. The result even of such a danger-

6GS

No. 108] AUSTRIA, PRUSSIA, AND RUSSIA. [12 May, 1821.

[Conferences of Laybach.]

ous movement will still be under the guidance of Providence, the strengthening of that Peace which the enemies of the Peoples strive to destroy, and that consolidation of an order of things which shall insure to Nations their repose and their prosperity.

Impressed with these feelings, the Allied Sovereigns on the termination of the Conferences of Laybach, wish to proclaim to the World the principles which guided them. They have decided never to depart therefrom, and all friends of right will see and will constantly find in their Union, a guarantee against the attempts of disturbers of the peace.

It is with that object that their Imperial and Royal Majesties have ordered their Plenipotentiaries to sign and publish the present Declaration.

METTERNICIL

LB BARON BE VINCENT.

KRUSEMARCK.

NESSELRODE.

CAPODISTR1AS.

POZZO DE BORGO.

609

25 May, 1821.] AUSTRIA AND PARMA [No. 109

[Limits.]

No. 109.— CONVENTION between Austria and Parma, for the Rectification of their respective Frontiers. Signed at Placentia, 25th May, 1821.*

Airr. Table.

Preamble. Reference to Vienna Congress Treaty of 9th June, 1815.

1. Boundaries defined in Protocol of Demarcation of 25th April, 1820r

which is the basis of this Convention.

2. Possessions of each Party.

3. Cessions to be made to respective Parties.

4. Enjoyment of Revenues from the Ceded Places.

5. Stipulation as to Hydraulic Works.

6. Stipulation as to Islands hereafter formed by the Po.

7. Stipulation as to Islands re-uniting with the Continent.

8. Ratifications.

Reference to Vienna Congress Treat'// of 'dtli June, 1815.

Count Albert Adam de Neipperg, and Count Julius de Stras- soldo, respectively empowered on the part of Her Majesty the Archduchess of Parma, and on the part of His Imperial Majesty the Emperor of Austria, having- met to define the boundary along the Po between His Imperial Majesty's States, in conformity with Article XCV. of the Act of the Congress of Vienna (No. 27), have agreed upon the following Articles : —

Arts. I. to VIII. (See Table.)

Placentia, 25th May, 1821.

COUNT DE NEIPPERG. COUNT DE STRASSOLDO.

* Sec also Treat v of 3rd July, 1840.

G70

No. 110] PRUSSIA, &©:, AND HAMBURO-II. [23 June, 1821.

[Navig-ation of the Elbe.]

NO. HO.— CONVENTION between Prussia, Austria. Saxony, Hanover, Denmark (for Jfolstein and Lauenburg), Mechlenburgh- Schwerin, Anliali-BernLurg, Ccethen and Dessau, and Hamburgh, relative to the Free Navigation of the Elbe. Signed at Dresden, 23rd June, 1321.

Art. Table.

Preamble. Reference to Vienna Congress Treaty of 9th June, 1815.

1. Free Navigation of the Elbe ; Coasting Trade excepted.

2. Abolition of exclusive Privileges. Exceptions.

3. Abolition of Storehouse and Forced Harbour Duties.

4. Licence for Navigation of the Elbe. Withdrawal of Licence.

5. Charges of Freight.

6. Contracts for Boatmen.

7. Abolition of Tolls on the Elbe. General Navigation Duty.

8. Duty according to Weight.

9. Duty on Passage from Melnick to Hamburgh.

10. Diminution of Duty on certain Articles.

11. Duties on Vessels, &c, to be divided into 4 Classes.

12. Payments in Money.

13. Duties not to be increased except by Mutual Consent.

14. Exceptions.

15. Srunshausen or Si ode Toll. Reservations of Denmark and Hamburg!/.

16. Diminution of Number of Toll-houses. Reservations by Prussia,

Saxony, and Hanover.

17. Bills of Lading. Manifest to be drawn up by the Boatman.

18. Manifest of Floats of Timber.

19. Boatmen and Conductors of Floats to produce their Manifests at every

Toll-house.

20. Toll Collectors to Certify on Manifests Payment of Duties.

21. Manifest to be delivered at place of Unlading. Right to take Copy of

Manifest.

22. Verification or Visiting Vessels, &c, at Toll-houses. General Verifi-

cation. Special Verification.

23. Facilities granted by Saxony, Denmark, Hanover, and Mecll enburgh.

Reservations. Revision of Manifests at Toll-house of Anhalt. 21. Duties of Elbe Toll-offices.

25. Contravention of Toll Regulations.

26. Appointment of Officer at Toll-offices to Decide questions of Contraven-

tion, &c.

27. Arrest of Boatmen for Non-payment of Toll Due3.

28. Repair of Towing Paths, &c.

29. Measures in cases of Wreck. Wreck Privileges Abolished.

30. Commission of Revision. First Commission to Assemble at Hamburgh.

31. Present Regulations alone to be acted upon.

671

23 June, 1821.] PRUSSIA, &c, AND HAMBURGH. [No. 110

[Navigation of the Elbe.]

Art. Table.

32. Special Regulations to be made on Branch Rivers.

33. Execution of Convention. Ratifications.

[For Prussian Act of Ratification of the Elbe Navigation Conven- tion, 20th November, 1821, see page 686.] (Translation.*) Preamble. Reference to Vienna Congress Treat)/ of Oth June, 1815.

The Act of the Congress of Vienna of the 9th June, 1815 (No. 27), having established the general bases for the Naviga- tion of Rivers, the States bordering on the Elbe, animated with the desire of obtaining, as soon as possible, the advantages and facilities stipulated by that Act, in favour of Commerce and Navi- gation, have directed that a Commission should assemble at Dresden, for the purpose of regulating, by a mutual agreement, the different points respecting the Navigation of the Elbe.

In order to cany this object into effect, Commissioners Pleni- potentiary have been appointed, viz., on the part of

His Majesty the King of Prussia, Johann Ludwig von Jordan, His Privy Councillor of Legation, Envoy Extraordinary, and Minister Plenipotentiary at the Court of Saxony, &c. ;

His Majesty the Emperor of Austria, King of Hungary and Bohemia, Joachim Edward Baron von Munch Bellinghauscii, His Government Councillor, &c. ;

His Majesty the King of Saxony, Ciinther von Biinau, His Privy Councillor of Finance, &c. ;

His Majesty the King of Great Britain and Ireland, as King of Hanover, Carl Friedrich Baron von Stralenheim, His Councillor of Legation and Charge d'Aff aires at the Free City of Frankfort, &c. ;

His Majesty the King of Denmark, as Duke of Holstein and Lauenburg, Mathias Friis von Irgensbergh, His Councillor of Legation and Charge d' Affaires at the Court of Saxony, &c. ;

His Royal Highness the Grand Duke of Mecklenburgh- Schwerin, Joachim Christian Steinfeld, His Chamberlain, &c ;

His Highness the Reigning Duke of Anhalt-Bernburg, His Highness the Reigning Duke of Anhalt-Coethen, and His High- ness the Reigning Duke of Anhalt-Dessau ; — the Aulic Councillor, Ernst Ludwig Casimir Albrecht Reich ; and

The Supreme Senate of the Free and Hanseatic Town of Hamburgh, the Senator Christian Nicholas Pehmoller :

Who, after having exchanged their full powers, found to be in good and due form, have agreed upon the following Articles : —

* See " State Papers," vol. viii., p. 953. 672

No. 110] PKUSSIA, &c, AND HAMBURGH. [23 June, 1821.

[Navigation of the Elbe.]

Free Navigation of the Elbe ; Coasting Trade excepted.

Art. I. The navigation of the Elbe, from the point at which that River becomes navigable down to the open sea, and vice versa, (as well in ascending as in descending,) shall be entirely free with respect to commerce. The Coasting Trade, however, which may be carried on between the States bordering on the River, shall be exclusively confined, along its whole course, to the respec- tive subjects of those States ; and no individual shall be permitted to be exempt from the regulations established by the present Convention, in regard to commerce and navigation.

Abolition of Exclusive Privileges.

Art. II. Every exclusive Privilege whatever, relative to the transport of merchandise on the Elbe, and any advantages result- ing from such Privilege, which may have been granted, up to the present time, to companies of boatmen and other bodies, or to individuals, are, by the present Convention, entirely abolished ; and such Privileges shall not, in future, be granted to any person.

Exceptions.

This stipulation, however, is not applicable to Ferries and other established modes of conveyance from one Bank of the River to the other ; nor to boatmen in the exercise of their business, within the Territory of their respective Sovereigns, so long as they conduct themselves agreeably to the regulations of police, which each State bordering on the River exercises in virtue of its Sovereignty over the same, and obey the authorities of the countiy in which they exercise their calling*.

Abolition of Storehouse and Foiled Harbour Duties.

Art. III. All Storehouse and Forced Harbour Duties are, with- out exception, for ever suppressed. No boatmen shall, for the future, in contravention of this stipulation, be subjected to a forced unlading" of his vessel.

'&

Licence for Navigation of the Elbe.

Art. IV, The exercise of the Navigation of the Elbe shall be permitted to any individual, who, being provided with a suitable vessel, may have obtained, after a previous examination, a Licence for that purpose from the authorities of his country. The autho- rities shall take the necessary measures, before granting the

673 2 x "

£3 June, 1821.] PRUSSIA, &c, AND HAMBURGH. [No. 110

[Navigation of the Elbe.]

same, in order to satisfy themselves that the. person to whom they deliver such Licence be properly qualified. The Licence to bo delivered by the competent authorities to the boatmen, will give them the right of exercising navigation throughout the whcle extent of the River, from Melnick down to the sea, and from the sea up to Melnick ; it being understood that the boatmen and vessels that may be employed in navigating the Elbe to the sea, or vice versa, must possess the qualifications necessary for River Navigation.

Withdrawal of Licence.

The State, within which is situated the abode of the boat- man, shall alone possess the power of withdrawing his Licence. This stipulation, however, shall in no respect deprive other States bordering on the River of the right to call to account, and to inflict punishment upon, boatmen accused of Offences com- mitted within their Territories, provided they can be apprehended in such State; or, according to the nature of the circumstances, to demand the withdrawal of their Licences by the competent authorities.

Charges of Freight.

.Art. V. The charges of Freight, and all other conditions attending the transport of merchandise, shall entirely depend upon a free agreement between the boatman and the owner, or his agent. These charges shall, from time to time, be printed ami published.

Contracts for Boatmen.

Akt. VI. Two or more commercial towns may establish amongst themselves a "Tour de Role;" (an agreement for the regular rotation of vessels), that is to say, an arrangement by which they may contract for a stipulated time, with a certain number of boatmen, whom they may deem necessary to then- reciprocal commerce ; by which the charges of freight, the time of the departure and arrival of the vessels, and other matters connected with their interests, shall be determined ; these Con- tracts, however, must in no respect derogate from the Laws of their Countries, nor from the stipulations of the present Conven- tion ; and they shall be brought to the knowledge of the public, after having received the sanction of the respective Govern- ments.

674

No. 110] PEUSSIA, &c, AND HAMBURGH. [23 June, 1821.

[Navigation of the Elbe.]

Abolition of Tolls on the Elbe. General Navigation Duty.

Art. VII. All Tolls hitherto collected on the Elbe, as well as other duties and charges, of whatever denomination, with whirl i the Navigation of the River has been burthened, are abolished ; and in lieu thereof, a general Duty on Navigation shall be established, upon all vessels, floats of timber, and cargoes, and shall be col- lected at the toll-houses designated in the present Convention. These Duties, which shall never be farmed out, either wholly or partially, shall be levied partly upon cargoes, under the denomi- nation of "Elbe Toll," and partly upon vessels, under that of Duty of " Reconnaissance."

Duty according to Weight.

Art. VIII. In order to facilitate the mode of collection, the Duty upon cargoes shall be regulated at every place, according to Weight. In weighing, the quintal of Hamburgh of 112 pounds, which is nearly equal to 116 pounds of Prussia and Leipzig, or to 96-| pounds of Vienna, shall be established as the general basis. And, in admeasurement, the Hamburgh foot, which is equal to 100-91^ of the Prussian, 101^ of the Leipzig, and 90f of the Vienna foot, shall be employed. With respect to the articles which cannot conveniently be weighed, mentioned in the Table No. 1, the rates of measure therein contained shall be observed, until a further mutual stipulation shall be agreed upon.

Duty on Passage from Jfelnick to Hamburgh.

Art. IX. There shall not be levied more than 27 groschenand 6 pfennigs Convention money, per hundred brutto Weight, upon the passage from Melnick to Hamburgh, viz. : —

		Gros.	Pfen.
[n Austria	• •	1	9
„ Saxony	• •	5	3
„ Prussia	• •	. . 13	0
„ Anhalt	. .	.. 2	8
„ Hanover	• •	.. 2	G
„ Mecklenburgh	• •	1	8
„ Denmark	• •	.. o	8
	. 27	6

The annexed Table, No. 2, describes the distribution, according- to distance, of this Tariff.

675 2x2

23 June, 1821.] PRUSSIA, &c, AND HAMBURG-H. [No. 110

[Navigation of the Elbe.]

Diminution of Duty on certain Articles.

Art. X. In order, however, to promote internal industry, and the exportation of the products of the soil, to favour the trade in articles of the first necessity, as well as to facilitate the traffic in merchandise of great bulk, but of little value, there shall be, in respect thereof, a proportionate diminution of Duties.

The following- articles shall, in consequence, pay only one- fourth, viz. : — Anvils, anchors, wood-ashes (that have not been deprived of their lixivium), beer (foreign excepted), lead, lead ore, beans, boles, bombs, bristles (hogs), iron (sheet), iron (cast), pease, ore, barrels (empty), fruits (dried in the oven), poultry, barley, glass (empty bottles), glass — gall, peeled barley, grits and groats of all kinds of grain, cast iron wares (rough), oats, millet, charcoal, camion, lampblack, chests (empty), corn (rye), chalk (white and red), balls (iron), gun-carriages, lentils, tan (oak bark, Hungary galls), marble (rough), flour (of all kinds of grain), metallic mineral earths, mineral waters, mortars (bombs), ochre, oil cakes, pitch, slabs (marble and the like), cattle-horns and feet, seeds of all kinds, salts (kitchen and rock), sauerkraut, ship's tar, whetstones or grindstones (fine), spelt wheat, iron bars (hammered), rotten-stone, tuns (empty), wheat, and tares.

The following kinds of wood, only one-fifth, viz. : — Apple, pear, cherry, nut, plumb, aspen, birch, beech, oak, alder, ash, hornbeam, pine and fir, lime, poplar, elm, and willow ; likewise the great blocks of wood for 'cooperage, also ladders, trays, shovels, winnowing fans, and such like field utensils, as well as the coarser sorts of baskets for the binding of tree roots.

The following articles, only one-tenth, viz. : — Blood (of cattle), fuel, eggs, iron (old), bones, lees, milk, butter and cheese (fresh), crockery and potters' ware (common).

The following articles, only one-tiventieth, viz. : — Blue cabbage, acorns, fascines (bushes of all kinds), fruits (fresh), vegetables (fresh), grass and hay, gypsum, chalk, reeds (for thatching, sedge), straw, turf, faggots (bundles of wood), roots (edible).

The following articles, only one-fortieth, viz. : — Alum and vitriol in lumps, ashes (washed), dregs of wine, manure (compost, marl, stubble, &c), calamine, sledges, gutters, and troughs, &c. (of stone), gravel (common stone), canal horses (if they return by water), mortar for tiles and cement, mill-stones, pipe-clay, paving-stones, sand, free and quarry stones of all kinds, slate (for

676

No. 110] PRUSSIA, &c, AND HAMBURGH. [23 June, 1821.

[Navigation of the Elbe.]

roofs), coals, clay, potters' and fullers' earth, cement, bricks (burnt and dried), brick cement.

Duties on Vessels, fyc, to be divided into 4 Classes.

Art. XI. The Duty to be levied upon Vessels, or the Duty of " Reconnaissance," shall be divided into 4 classes, and collected agreeably to the annexed Tariff, No. 2.

This Duty, throughout the whole course of the River, shall be : — For the 1st class of vessels, under the tonnage of 10 Ham- burg lasts (the last at 4,000 pounds), 3 rix-dollars and 16 groschen ; for the 2nd class, of from 10 to 25 lasts, 7 rix-dollars and 20 groschen ; for the 3rd class, of from 25 to 45 lasts, 11 rix- dollars and 12 groschen; and for the 4th class, of 45 lasts and upwards, 14 rix-dollars and 16 groschen. Vessels without cargoes shall, everywhere, pay only a fourth part of these duties.

Payments in Moneys.

Art. XII. The Elbe Toll and Duty of " Reconnaissance " shall be calculated in Convention money, at the 20 florin-foot, in rix- dollars, groschen, and pfennigs ; the Payments, however, may be made in the current coin of the respective States bordering on the River, agreeably to the rates contained in the Tariff of Reductions, No. 3.

Duties not to be Increased except by Mutual Consent.

Art. XIII. No other Duties than those agreed upon in the present Convention shall henceforth be levied on the Elbe ; the High Contracting Parties formally eng-aging not to augment them but by mutual consent.

Exceptions.

Art. XIV. In the Duties mentioned in Articles VII to XIII are not comprised :

a. The Customs (land and town Tolls) and the Duties of entry and consumption, which each State has the right of levying, agreeably to its own commercial policy, upon merchandise, so soon as it has been removed from the River, in order to its being- imported into the Territory of such State.

b. Crane, weighing, and storehouse Duties in the commercial towns ; under the express condition, however, that the Foreigner shall not pay more than the Native.

677

23 June, 1821.] Prussia, &c, and Hamburgh. [No. 110

[Navigation of the Elbe.]

c. Drawbridge and sluice Duties : — the existing- Duties, how- ever, shall not be augmented but by mutual consent ; and, in the event of the erection of new Bridges, nothing shall be exacted for the passage under the same.

The rates of Duties mentioned in b and c, shall be fixed and published^ and they shall be exacted from those persons only who may have occasion to avail themselves of the existing establish- ments, or may actually pass the Bridges and Sluices. With respect to the service of Pilots and Steersmen, the Regulations and Duties already existing, or which may hereafter exist, in the respective States (the collection of which they may have a right to demand under the existing system), shall be observed ; under the condition that the Foreigner shall not pay more than the

Native.

Brunshausen or Stade To//.*

Art. XV. Without deviating from the general principles con- tained in the Act of the Congress of Vienna (No. 27), respecting the bases of Eiver Navigation, it is agreed, with reference to the Brunshausen Toll, to renounce all ulterior modification, Hanover ] saving formally engaged to lay the Tariff of the same before the Commission, and not arbitrarily to augment it, without the con- sent of the States interested therein, and especially of that of the Free City of Hamburgh ; but should it be hereafter deemed necessary to adopt any alteration in the Tolls, the reason for so <1< ting must be declared by Hanover.

Reservations of Denmark and Hombwgh.

His Majesty the King of Denmark, and the Senate of the

Free City of Hamburgh, reserve to themselves, agreeably to

existing usages and Conventions, every right founded thereupon ;

so that in respect of the Stader Tolls, the res Integra is preserved.

Diminution of Number of Toll Houses. Art. XVI. The 35 Toll-houses, at present existing, shall be suppressed ; and there shall be for the future only 14, along the whole course of the Elbe ; viz., at Aussig, Niedergrund, Schan- dau, Strehle, Miihlberg-, Coswig, Roslau, Dessau, Wittenberg, Schnackenburg, Domitz, Bleckede, Boetzenburg, and Lauenburg.

Reservations by Prussia, Saxony, and Hanover. Prussia, however, reserves to herself the By-toll-house of

* See Treaties of 13th April and 22nd July, 1844.

G78

No. 110] PRUSSIA, &c, AND HAMBURGH. [23 June, 1821.

[Navigation of the Elbe.]

Lenzner Ferry, as Avell as those of Wittenberg-, Aaken, Barby, and Schonebeek (for Magdeburg), which latter shall be suppressed so soon as the causes for their temporary preservation shall have ceased to exist. Saxony, also, reserves to herself the Toll-houses of Dresden and Firna, for such vessels as do not pass the Toll- houses of Strehle and Sehandau ; and Hanover, the provisional Toll-house of Hitzacker, in those cases where none of its Toll •stations shall be passed.

Bills of Lading.

Art. XVII". No Boatman shall receive a cargo, without a bill of lading from the owner thereof, in which the quality, quantity, and the name of the individual who is to receive the merchandise must be specified. He will be required to declare his cargo at every Toll-house at which he shall arrive, and to exhibit the bill of lading and a manifest.

The latter must be drawn up agreeably to the annexed form, (Xo. 4) and must contain :

1. The name and abode of the Owner of the Vessel, and also those of the Boatman.

2. The number and name of the Vessel, its tonnage, flag, and the number of the crew.

3. The place where the cargo was taken on board, and that of its destination.

4. The bills of lading, numerically arranged.

■ 5. The name of the individual who transmits the merchandise, and of him who is to receive it.

6. The marks and number of the parcels and packages.

7. The description of the merchandises. <S. Their weight.

'.). The signature of the Boatman, certifying to the accuracy of the declaration.

Manifest to be drawn vp by the Boatman.

The Manifest must be drawn up by the Boatman himself, or by another person in his name, who must not, however, be an Elbe Toll nor Harbour Collector. It must be legalised' fey the Signature and Seal of a Fublic Officer appointed for that purpose. The Boatman will lie held responsible for the contents of the Manifest, although it may not be drawn up by himself. In the case of merchandise taken on board, or unladen, dming the

679

23 June, 1821.] PEUSSIA, &c, AND HAMBURGH. [No. 110

[Navigation of the Elbe.]

voyage, the same regulations shall be observed, and the descrip- tion of the cargo also fully stated, in the Manifest, agreeably to the annexed form, and legalised at the nearest Toll-house.

Manifest of Floats of Timber.

Art. XVIII. The Conductor of a Float of Timber must be furnished with a complete list of all the logs of wood composing his transport, describing the species and dimensions of each log. lie is also bound to produce a manifest, stating the total number of the logs and other descriptions of wood, as well as their whole cubical contents, and the occasional by -ladings taken on board during the passage. The Elbe Toll Collectors shall verify the declarations by measuring the Floats of Timber and the other lots of wood (des Losholzes).

Boatmen and Conductors of Floats to produce their Manifests at

every Toll-liouse.

Art. XIX. The Boatmen and Conductors of Floats of Timber shall stop at each Toll-house designated in this Convention, at which they may arrive during their voyage, in order to report themselves at the office, and produce their manifests, with all the papers annexed thereto. All Boatmen passing the Toll-house of Lenzner Ferry shall produce their manifests ; but those only shall be required to stop who are destined to or from Schnackenburg or its environs.

Toll Collectors to Certify on Manifests Payment of Duties.

Art. XX. From the contents of the Manifests and papers an- nexed thereto, and agreeably to the verification of the general or special revision, where such shall take place, the Toll Collectors shall calculate the Duties to be.paid. They shall mark on the Manifest the amount levied by them, certify the same by their official signature, and deliver to the Boatman a special printed receipt for the same, agreeably to the annexed Form, No. 5.

Manifest to be delivered at Place of Unlading.

Art. XXI. As the Manifest is a document equally important to the fiscal, the merchant, and the boatman, it must accompany the vessel from the place of lading to that of unlading, at the latter of which it must be delivered to the Authorities, in order to be preserved and referred to, should circumstances require it.

G80

No. 110] PRUSSIA, &c, AND HAMBURGH. [23 June, 1821.

[Navigation of the Elbe.]

Right to take Copy of Manifest.

Whenever a Boatman enters a Territory, the first Toll-house, upon the exhibition of the Manifest, has a right to take a copy thereof, but not to charge for the same.

Verification and Visiting Vessels, <J-c, at Toll-houses.

Art. XXII. The Contracting States generally reserve to them- selves the right of Verifying or "Visiting Vessels and Floats of Timber at their respective Toll-houses.

This Verification of Vessels may be either a general or special revision.

General Verification.

The general Verification shall consist, after a previous exami- nation of the Manifest and the papers thereto annexed, of a general revision and examination of the Cargo, by comparing its uniformity with the Manifest, in so far as it can be done without displacing the packages.

Special Verification.

The special Verification shall consist of a detailed examination of the quality and quantity of the cargo.

Facilities granted by Saxony, Denmark, Hanover, and Mecklenburgh.

Art. XXIII. Saxony, Hanover, Denmark, and Mecklenburgh, however, agree, in order to facilitate the commerce of the Elbe, not to exercise for the period of six years the right they possess of specially Visiting at their Toll-houses those Vessels and Floats of Timber which, during their voyage, may have passed and been specially visited by the two Prussian Toll-houses of Wittenberg- and Miihlberg, unless they be suspected of fraud ; and they have, for that purpose, by a special Convention, agreed to abide by the Prussian examination of them at those Toll-houses.

Reservations.

As experience, however, can best prove the utility and efficacy of this measure, they reserve to themselves the right hereafter of prolonging this regulation, or, if necessary, of amending and sim- plifying it by the first Commission of Revision. Should, how- ever, the Convention not answer the expectations reciprocally

681

23 June, 1821.] PRUSSIA, &c, AND HAMBURGH. [No. 110

[Navigation of the Elbe.]

anticipated, and should they not agree at the first Commission of Revision upon another system, the before-mentioned States re- serve to themselves the power of assuming their right of special Verification, so far as it may be necessary to secure to them the receipt of the Elbe Tolls.

Vessels which, in proceeding to their destination, do not pass either Wittenberg or Miihlberg, shall remain subject to a reserved special Revision in each of the States.

Revision of Manifests at Toll-house of Anhalt.

On the production of the Manifests of Vessels and Floats of timber, agreeably to the regulation, at the Toll-houses in the Grand Duchy of Anhalt, a special Revision shall not be resorted to, but a general one only, upon cargoes, unless they be suspected of fraud. The right, however, of Anhalt to the special Revision is reserved to it.

Duties of Elbe Toll-offices.

Akt. XXIV. The Elbe Toll-offices shall be bound to accelerate, as much as possible, the Revision of Vessels, and not to detain the boatmen beyond the time absolutely necessary for that purpose. There shall be observed, without exception, a " Tour de Role," in order that the first vessel which may arrive shall have the prefer- ence over those which follow it, except in the case when vessels, by a general revision, can be dispatched sooner, as the latter may precede those of a special Revision. A Revision, however, once begun shall not be interrupted on any account by the arrival of another Vessel or Float of Timber. The Authorities shah1 strenu- ously endeavour to promote and facilitate navigation, observe a perfect impartiality towards the boatmen, and studiously avoid. all indecorous conduct, The States which appoint them shall give them the necessary instructions, and they shall, at the same time, point out to them the necessity of their encouraging and extend- in"- navigation and commerce. Collectors who shall levy Duties contrary to the stipulations of the present Convention, shall be severely punished.

Contravention of Toll Regulations.

Art. XXV. A Contravention of the Toll Regulations shall be deemed to have taken place when the Cargo ©f a Vessel does not correspond with the Boatman's Manifest, so that any evasion of the Elbe Toll, or of the Duty of u Reconnaissance" shall have

682

No. 110] PRUSSIA, &c, AND HAMBURGH. [23 June, 1821.

[Navigation of the Elbe.]

occurred, and such offences shall be punished according- to the laws and regulations of the State in which they are discovered, or where the Boatman shall be arrested. For this purpose an Officer shall be appointed at each Toll-office to take cognisance of, and to decide upon, such matters.

If, on the borders of a State, at any of the Elbe Toll-houses at which a Vessel arrives, a difference be discovered between the . Cargo and the contents of the Manifest, so that an intended or actual evasion of the Tolls of the State is apparent, the Boatmen may be made amenable for such evasion agreeably to the laws and regulations concerning imposts in force in such State.

Appointment of Officer at Toll-offices to decide question of Contra*

vention, c}c.

Art. XXVI. Previously to the present Convention becoming- operative, an Officer shall be appointed, to reside at each Toll- house, or as near to it as possible, who shall be authorised to decide, summarily, upon the following objects :

(a.) Contraventions of the Toll Regulations, and the penalties thereby incurred, should the Boatman not voluntarily subject himself thereto.

(b.) Disputes concerning the payment of toll, crane, weight, harbour, wharf, and sluice Duties, and the amount thereof.

(c.) Stoppage of the Towing-path by private individuals.

(d.) Damages occasioned to. meadows and fields by the Towing of Vessels, as well as damages caused by the negligence of Boat- men and Conductors of Floats of Timber during the passage or landing.

(e.) Amount of Salvage Duties, and other remunerations for assistance in cases of accident, where the persons interested do not agree.

The name and residence of the Officer shall be posted up in the Toll-house.

Arrest of Boatmen for non-payment of Toll Dues.

Art. XXVII. The Contracting States also agree to give directions to the Toll Collectors and Authorities, that if one or more Toll Collectors of another State shall apply to them to arrest Boatmen, in order to enforce payment of a Toll become due, which, in case of opposition on the part of the Boatmen, can only take place in consequence of a decision of the competent

683

23 June, 1821.] PRUSSIA, &c, AND HAMBURGH. [No. 110

[Navigation of the Elbe.]

Officer, such application shall be complied with ; and on the demand thereof, the result of any Revision on the Elbe, or any ex- planation, shall be readily afforded.

Repair of Towing-paths, (J-c.

Art. XXVIII. The States, exercising- the right of sove- reignty on the Elbe, engage to take particular care that the Towing-paths within their Territories, shall be, without the least delay, and as often as may be necessary, properly repaired, in order that no obstacle may be experienced to the navigation. They engag-e likewise to remove, as soon as possible, within the limits of their Territories, all impediments in that part of the River which is used for navigation, and not to permit any build- ings to be erected upon or along the Banks of the River that may be injurious thereto. In cases in which the opposite Banks belong to different States, the practice hitherto followed for the preservation of the works on the River shall continue to be ob- served ; and any differences which may arise respecting the same shall be laid before the Commission of Revision.

Measures in cases of Wreck. Wreck Pricileges Abolished. Art. XXIX. In cases of Wreck, the Local Authorities shall take the necessary measures in order to save the crew and the vessel, and to deposit the cargo in security. With this view, the States bordering on the River engage to provide those Autho- rities with the necessary general instructions, and to renew the special Ordinances formerly issued upon the subject. The Wreck Privileges (Strandrecht), should they exist on any part of the Elbe, are for ever abolished.

Commission of Revision. Art. XXX. When this Convention shall have become opera- tive, a Commission of Revision shall assemble from time to time, to which each of the States bordering on the River shall delegate a Plenipotentiary, the President whereof shall be elected by a majority of votes. The object and powers of this Commission of Revision shall be: to watch over the due observance of the pre- sent Convention ; to form itself into a Committee for the settle- ment of any differences which may arise between the States bordering on the River; and to determine upon the measures which by experience may be found to be necessary to the im- provement of commerce and navigation. Each Plenipotentiary

634 '

No. 110] PRUSSIA, &c, AND HAMBURGH. [23 June, 1821

[Navigation of the Elbe.]

shall lay before his Government these measures, in order to the obtaining its decision thereupon.

First Commission to assemble at Hamburgh.

The first Commission of Revision shall assemble at Hamburgh, at the expiration of one year from the day on which the Conven- tion shall begin to be operative. The Commission, before closing- its sitting's, shall determine upon the period and place at which the next Commission shall assemble.

Present Regulations alone to be acted upon. Art. XXXI. The Regulations established by the present Convention shall alone be acted upon, no regard being had to any Special Treaties, Laws, Ordinances, Privileges, or Usages hitherto existing.

S})ecial Regulations to be made for Branch Rivers.

Art. XXXII. The application and extension of the stipula- tions of the present Convention to the Branch Rivers which divide or intersect the different States, shall depend upon sepa- rate arrangements between the respective States, provided that they are in no particular circumstances at variance therewith.

Execution of Convention. Ratifications.

Art. XXXIII. This Convention of Navigation shall have its full and entire execution along the whole course of the Elbe after the 1st January, 1822 ; and for that purpose it shall be printed and published, and communicated to the competent Autho- rities, and the Ratifications of the same shall be exchanged within the space of two months from the date hereof.

In faith of which the Commissioners Plenipotentiary of the different States have signed and affixed the seals of their arms to the present Convention.

Done at Dresden, the 23rd June, 1821.

(L.S.) JOIIANN LUDWIG VON JORDAN. (L.S.) BARON YON MUNCH BELLINGHAUSEN. (L.S.) GUNTHER VON BUNAU.

(L.S.) CARL FRIEDRICH BARON VON STRALENHEIM. (L.S.) MATHIAS FRIIS VON IRGENSBERGH. (L.S.) JOACHIM CHRISTIAN STEINFELD. (L.S.) ERNST LUDWIG CASIMIR ALBRECHT REICH. (L.S.) CHRISTIAN NICOLAS PEIIMOLLER,

685

23 June, 1821.] PRUSSIA, &c, AND HAMBURGH. [No. 110

[Navigation of the Elbe.]

Prussian Act of Ratification, of the Elbe Navigation Convention. — Signed at Dresden, on tire 23?y? June, 1821.

(Translation.) Berlin, 20th November, 1821.

We, Frederick "William III, by the Grace of God, King of Prussia, &c, make known and declare hereby that ;

Whereas, for the accomplishment of Article CVIII of the General Treaty, signed in Congress at Vienna, on the 9th June, 1815 (No. 27), we agreed with His Majesty the Emperor of Austria, His Majesty the King of Saxony, His Majesty the King of Great Britain and Ireland, as King of Hanover, His Majesty the King of Denmark, as Duke of Holstein and Lauenburg, His Royal Highness the Grand Duke of Mecklenburgh-Schwerin, their Highnesses the Dukes of Anhalt-Bernburg-, Anhalt-Coethen, and Anhault-Dessau, and the Senate of the Free Hanseatic City of Hamburgh, to assemble at Dresden a Commission of Pleni- potentiaries from all the parties, in order to determine upon the application of the general provisions contained in the said Treaty of Commerce relative to River Navigation, as far as regards the Elbe, and to record the result of their deliberations in a mutual Convention :

And whereas, the said Convention has been happily concluded by common consent, and was signed on the 23rd June of the current year by the respective Plenipotentiaries, in nine copies of the same tenor, eight of which are for the several Contracting Parties, among which is one copy for their Highnesses the three Dukes of Anhalt, and the 9th is to be deposited with the other Acts of the Commission, to serve for the general use of the Govern- ments interested, when the Ratifications thereof shall have been signed : We hereby declare, that, after careful examination and consideration of all and each of the stipulations contained in the aforesaid Convention for the Navigation of the Elbe, which are to be considered as if they were recited herein, word for word, and, with reference to the proceedings of the Commission, in the 44th Conference, at which the Convention was signed by the respec- tive Plenipotentiaries, as well concerning the Duties of " Recon- naissance," as those to be levied on timber ; as also the resolutions concerning the mode of collecting the same, in Articles X and XI, and in the general stipulation in Article XXX, agreeably to which the points referred to the Commission of Revision in the 43 pre- vious Conferences are reserved : We, by the force of this present

G8G

No. 110] PRUSSIA, &c., AND HAMBURGH. [23 June, 1821.

[Navigation of the Elbe.]

Act of Ratification, drawn up in the usual form, have entirely approved, and do solemnly approve of the same ; pledging our Royal word, for ourselves and our successors, truly to observe the said stipulations, and also to watch over them, so that they may be at all times strictly executed by our authorities and subjects.

And for the greater assurance whereof, we have signed with our own hand, and caused to be sealed with our great Seal of State, our Act of Ratification in ten copies of the same tenor, of which 9 are intended for the Contracting Parties, amongst which is one for their Highnesses the three Dukes of Anhalt, and the tenth is to be deposited with the general Acts of the Commis- sion.

Done at Berlin, the 20th November, in the year of Our Lord 1821, and the 25th of our Reign.

(L.S.) FRIEDRICII WILHELM. C. Furst VON Hardenberg. V. Bernstorff.

687

23 June, 1821.] PRUSSIA, SAXONY, &c. [No. Ill

[Navigation of the Elbe.]

NO. HI.— CONVENTION between Prussia, Saxony, Great Britain and Hanover, Denmark, and Mecklenburg- Schwerin, respecting the Revision of Cargoes, §c, on the Elbe. Signed at Dresden, 23rd June, 1821.

Art. Table.

Preamble.

1. Non-exercise of Rights of Special Visitation of Vessels and Floats of

Timber for 6 Years.

2. Participation in Revisions at Prussian Toll-houses of Milhlberg and

Wittenberg.

3. Appointment and Duties of Special Commissary for Saxony at Muldberg.

Commissary not to impede Prussian Toll Authorities.

4. Frauds by Boatmen. Proceedings against Defrauders.

5. Security given by Boatmen for Payment of Tolls.

6. Choice and Payment of Commissaries. Publication of Appointments

and Instructions.

7. Right of Prussian Chief Toll Inspectors to inspect Registers of Contract-

ing States.

8. Revision of Stipulations. Right of returning to peculiar Mode of

Revision.

9. Cargoes not passing Milhlberg or Wittenberg not included in Convention. 10. Ratifications.

(Translation.)

Their Majesties the Kings of Prussia, Saxony, Great Britain and Hanover, and Denmark, and His Royal Highness the Grand Duke of Mecklenburg-Schwerin, in furtherance of their wishes for the encouragement of the Navigation of the Elbe, and chiefly in consideration of the disadvantages arising from the often repeated revision of merchandise conveyed on the Elbe, have, by means of their Plenipotentiaries of the Elbe Navigation Commis- sion, agTeed to the following Special Convention, and have allowed it to be concluded, subject to their Ratification thereof.

Non-exercise of Eights of Special Visitation of Vessels and Floats

of Timber for Six Years.

Art. I. Their Majesties the Kings of Saxony, Great Britain and Hanover, and Denmark, and His Royal Highness the Gram! Duke of Mecklenburg-Schwerin, agree, for the next 6 years, from 1822 to 1827 inclusive, not to exercise the right which belongs to them, of the strict or special visitation by their Toll

G88

No. Ill] PEUSSIA, SAXONY, &c. [23 June, 1821.

[Navigation of the Elbe.]

Officers, of those Vessels and Floats of timber which, iu their passage 011 the Elbe, shall have passed either of the Royal Prussian Frontier Toll-houses of Miihlberg or Wittenberg, and have been there subjected, either directly or indirectly, to a special revision, as will appear by their Control Certificates.

Cases where suspicion of fraud exists are, however, excepted from this renunciation.

Participation in Revisions at Prussian Toll-houses of Miihlberg and

Wittenberg.

Art. II. His Majesty the King of Prussia, on the other hand, readily grants a participation in the revisions of Miihlberg and Wittenberg ; and, for that purpose, will not only cause the result of the special visitation to be fully and correctly stated in the document of discharge to be delivered to the Boatmen, in order to its being produced at the other Elbe Toll-houses, but also consents to the appointment of a Special Commissary for Saxony at Miihl- berg-, and for the other States bordering on the River, at Witten- berg.

Appointment and Duties of Special Commissary for Saxony at

Miihlberg.

Art. III. These Commissaries shall, at the Royal Prussian Revision and Toll-offices to which they are appointed :

(a.) Attend to the interests of their Most High Constituents in all affairs relative to the Elbe tolls, and, for that purpose,

(b.) Are authorised to be present at the revision of the lading of Vessels and Floats of timber (which revision, however, belongs exclusively to the Royal Prussian functionaries), in order thereby to obtain a conviction that the interests of their Most High Con- stituents are attended to in the best manner.

Commissary not to impede Prussian Toll Authorities.

They shall not by their presence impede the Royal Prussian Toll Authorities in their official business ; and any direct inter- ference in the course of their proceedings is strictly forbidden.

(c.) The Royal Prussian Elbe-toll Register, as well of import us of export, shall be always produced to them at the Offices, on their demand, provided that no interruption be thereby occasioned to the current business, particularly after or at other times than the hours of office ; they may extract therefrom what they may

689 2 x

23 June, 1821.] PRUSIA, SAXONY, &c. [No. Ill

[Navigation of the Elbe.]

deem necessary, compare the lists of the duties to be collected, which are transmitred by the Toll Officers of their Most High Constituents, and reg-ulate matters agreeably thereto.

(d.) They shall also be circumstantially informed, through the respective Toll-houses of Miihlberg and Wittenberg, of the result of the revision at the place of destination of each cargo, in every case of inquiry concerning the manifest.

(e.) They may personally attend the examinations of the Toll Officer, so far as they may concern them ; and they ai'e autho- rised to take cognizance of, and to make extracts from, such documents of the proceedings of search as may be interesting to them.

(/.) They shall receive the ulterior Duties, and remit them to the Toll-offices of their Most High Constituents.

(g.) They shall in all cases transact business and preserve official relations with the Chief Collector and Officer of the Toll- house to which they are appointed.

Frauds by Boatmen. Art. IV. If, on the special revision of the Royal Prussian Authorities, deviations from the declarations which have been made at the respective Toll-houses of the other States bordering on the river, who are parties to this Special Convention of Revi- sion, shall be discovered, a deficiency of the duties to be levied, or any intentional fraud on the part of the Boatmen, the Toll Commissaries shall immediately be informed thereof by the Royal Prussian Authorities ; and the Boatmen shall not be dis- patched until the deficient Toll Duties and the deposited costs and penalties shall have been received and handed over to the Toll Commissaries.

Proceedings against Defrauder*. In case the Defrauder refuse to pay the penalties and costs, the Toll Commissaries shall have the option, either of instituting formal proceedings before the competent Royal Prussian Toll Officer, or of reserving the prosecution of the Offender before the respective Toll Officers of their Most High Constituents, should they succeed in apprehending him.

Security given by Boatmen for Payment of Tolls. Art. V. When, on the Royal Prussian side, Security is obtained from Boatmen for any Elbe toll not fully discharged at Witten-

C90

No. Ill] PRUSSIA, SAXONY, &c. [23 June, 1821.

[Navigation of the Elbe.]

berg- or Miihlberg, the same shall be communicated to the Toll Commissaries, upon whose demand a separate Security shall like- wise be given to the Boatmen, from the Toll-houses of Miihlberg- and Wittenberg, for any Duties that may have been unjustly levied at any of the Elbe ToU-houses of their Most High Con- stituents already passed ; which must not, however, exceed a third part of the amount of those Toll Duties which have been levied at the Toll-houses already passed, agreeably to the manifest.

Choice and Payment of Commissaries.

Art. VI. None but moral, peaceable, and experienced men shall be chosen as Commissaries and they shall be sufficiently paid at the Toll-houses of Miihlberg and Wittenberg to enable them to live respectably and independently of perquisites, which, under whatever denomination, they are not permitted to enjoy.

Publication of Appointments and Instructions.

Their appointments and instructions shall be published by the Royal Prussian Government, and they, as well as the Toll Officers at Wittenberg and Miihlberg, are most especially directed to observe a conciliatory and peaceable conduct towards each other.

Rigid of Prussian Chief Toll Inspector to inspect Registers of

Contracting States.

Art. VII. Should the Royal Prussian Chief Toll Inspectors at Wittenberg and Miihlberg have occasion to require an inspection of the registers, or extracts of the same, from the Toll Officers of His Majesty the King of Saxony, Great Britain and Hanover, Denmark, or the Grand Duke of Mecklenburgh, the same shall be readily afforded to them.

Revision of Stipulations.

Art. VIII. Inasmuch as experience will best prove the advan- tages of the present Convention, relative to the mutual proceeding- of inspection, the High Contracting Parties expressly reserve to themselves the right to prolong the duration of the same, and, if necessary, to amend and simplify the stipulations thereof, at the first Commission of Revision.

691 2 y 2

23 June, 1821.] PRUSSIA, SAXONY, &c. [No. Ill

[Navigation of the Elbe.]

Right of returning to Peculiar Mode of Revision.

Should this Convention not answer the expectations generally entertained, and should they not agree upon another in the first Commission of Revision, it will remain for the High Contracting Parties to resume the right belonging to them of returning to their own peculiar mode of revision.

Cargoes not passing Milhlberg or Wittenberg not included in

Convention.

Art. IX. This Convention does not include the Cargoes on the Elbe which in their destination do not pass Miihlberg or Witten- berg ; and the general revision, conformably with the Convention of Navigation, also remains reserved to the High Contracting Parties.

Ratifications.

Art. X. The Ratifications of this provisional Convention shall be obtained without delay, and, together with those of the Con- vention for the Navigation of the Elbe, shall be exchanged without delay.

In faith whereof, the same is signed and sealed by the respec- tive Plenipotentiaries of the Elbe Navigation.

Done at Dresden, 23rd June, 1821.

(L.S.) JOHANN LUDWIG V. JORDAN.

(L.S.) GUNTHER V. BTJNAU.

(L.S.) CARL FRIEDRICH BARON V. STRALENHEDI.

(L.S.) MATHIAS FRIIS V. IRGENSBERGH.

(L.S.) JOACHIM CHRISTIAN STEINFELD.

[See also Treaties of 13th April and 22nd July, 1844, for the abolition of the Stade, or Brunshausen, Toll. Various other Treaties have been concluded between Foreign Powers relative to the Navigation of the Elbe, but it has not been thought necessary to insert them in this work.J

692

No. 112] PARMA AND SARDINIA. [26 Nov., 1822.

[Limits. Genoa.]

No. 112. — TREA TY between Sardinia and Parma, relative to the Boundary of Genoa. Signed at Turin, 2$th November, 1822.

Akt. Table.

Preamble. Reference to Treaty of 10th March, 1766.

I Detailed Demarcation of Frontier separating the Duchy of Genoa from i o f that of Parma and Placentia.

13. Ratifications.

(Translation.*)

Reference to Treaty of 10th March, 1766.

The salutary effects produced in the preservation of good neighbourhood between the subjects of His Majesty the King of Sardinia and those of Her Majesty the Princess Imperial, Arch- duchess of Austria, Duchess of Parma, by the Treaty of Limits of 10th March, 1766,f settling definitively the divisional line between the two States, from the confluence of the Aveto in the Trebbia to the Po, have decided their Majesties to afford a similar advantage to those of their Subjects who inhabit the Frontiers separating the Duchy of Genoa from that of Parma and Placentia, and thereby reciprocally to insure a new guarantee of the continuance of the bonds of friendship which happily unite the two august Sovereigns.

In order to attain that object, after having given the requisite orders to collect all the information necessary on the difficulties which have arisen on that Line of Boundary, as well as on the respective Titles on which the pretensions of the two States are founded, their Majesties have appointed on either side Pleni- potentiaries, who, in jointly examining those Titles, as well as the reciprocal relations, shall reconcile them with the advantages of a regular Administration, which always more firmly secures the happiness of their subjects, object of their paternal solicitude.

These Plenipotentiaries have agreed as follows : —

Arts. I to XII. Detailed Demarcation of Frontier separating the Duchy of Genoa from that of Parma and Placentia.

* For French version, see " State Papers," vol. xx, p. 1360. f See Appendix.

693

26 NOV., 1822.] PAEMA AND SARDINIA. [No. 112

[Limits. Genoa.]

Ratifications.

Art. XIII. The present Treaty shall be ratified by the High Contracting- Parties, and the exchange of the Ratifications thereof shall take place in the term of two months, or sooner, if possible.

Done at Turin, 26th November, 1822.

(L.S.) PROVANA DE COLEGNO. (L.S.) DAISER.

094

Elo. 113] GREAT BRITAIN, AUSTRIA, &c. [28 Nov., 1822

[Congress of Verona. Slave Trade.]

No. 113.— RESOLUTIONS of the Plenipotentiaries of

Great Britain, Austria, France, Prussia, and Russia, respecting the Abolition of the Slave Trade. Verona, 28th November, 1822.

(Translation,' as laid before Parliament.*)

The Plenipotentiaries of Austria, of France, of Great Britain, of Prussia, and of Russia assembled in Congress at Verona, con- sidering,—that their August Sovereigns have taken part in the Declaration of the 8th February 1815 (No. 7), by which the Powers assembled at the Congress of Vienna, have proclaimed in the face of Europe, their invariable resolution to put a stop to the Commerce known by the name of the African Slave Trade :

Considering moreover, that notwithstanding this Declaration, and in spite of the legislative measures which have in conse- quence been adopted in various countries, and of the several Treaties concluded since that period between the Maritime Powersf , — this Commerce, solemnly proscribed, has continued to this very day ; that it has gained in activity what it may have lost in extension ; that it has even taken a still more odious cha- racter, and more dreadful from the nature of the means to which those, who cany it on, are compelled to have recourse :

That the causes of so revolting an abuse are chiefly to be found in the fraudulent practices, by means of which, the persons engaged in these nefarious speculations, elude the laws of their country and the vigilance of the cruizers stationed to put a stop to their iniquities ; and veil those criminal operations, of which thousands of human beings annually become their innocent victims :

That the Powers of Europe are called upon by their previous Engagements, as well as by sacred duty, to seek the most efficient means of preventing a traffic, which the laws of almost every civilised country have already declared to be culpable and illegal ; and of punishing with severity those who persist in carrying it on,, in manifest violation of those laws :

Acknowledge the necessity of devoting the most serious

* For French, version, see " State Papers," vol. iii, p. 1. t These documents are all to be found in " Hertslet's Treaties." See Subject Index, vol. xii.

G95

23 Nov., 1822.] ORE AT BRITAIN, AUSTRIA, &c. [No. 113

[Congress of Verona. Slave Trade.]

attention to an object of such importance to the honour and wel- fare of humanity ; and consequently declare in the name of their August Sovereigns :'

That they continue firm in the principles and sentiments mani- fested by those Sovereigns in the Declaration of the 8th of Feb- ruary 1815 (No. 7) ;— that they have never ceased, nor ever will cease, to consider the Slave Trade as — " a scourge which has too long desolated Africa, degraded Europe, and afflicted humanity ; " and that they are ready to concur in everything that may secure and accelerate the complete and final abolition of that traffic :

That in order to give effect to this renewed Declaration, their respective Cabinets will eagerly enter into the examination of any measure, compatible with their rights and the interests of their subjects, to produce a result that may prove to the world the sincerity of their wishes, and of their efforts in favour of a cause worthy of their common solicitude.

Verona, 28th November, 1822.

METTERNICIL WELLINGTON.

LEBZELTEEN. HATZFELDT.

CHATEAUBRIAND. NESSELRODE.

CARAMAN. LIEVEN.

FERRONAYE. TATISCHEFF.

GOG

No. 114] SPAIN. [23 April, 1823.

[War. France and Spain.]

No. 114.— DECLARATION of War by Spain against France. Seville, 23rd April, 1823.

(Translation.) Office of the Secretary of State for Foreign Affairs.

The King has been pleased to address to me the followin Decree : —

Whereas the Spanish Territory has been invaded by th Troops of the French Government without a Declaration of War, and without any of those formalities which custom has sanc- tioned ; and whereas this act of aggression can be viewed in no other light than as a violation of the rights of Nations, and an open commencement of Hostilities against Spain ; and it becomes my duty to repel force by force, to defend the integrity of the States of the Monarchy, and to chastise the audacity of the invading enemy: I have, therefore, resolved, after consulting the Council of State, pursuant to the provision in Article 236 of the Political Constitution, to declare War, as in fact I do now declare it, against France.

Wherefore I charge and command all the competent Authori- ties to carry on Hostilities, by sea and by land, against France, with all the means in their power, consistently with the Law of Nations ; and I further order, that this my Declaration of War be published with all due solemnity.

You shall hold it to be promulgated for execution, making- provision for printing, publishing, and distributing it.

In the Alcazar of Seville, April 23rd, 1823.

(Subscribed by the Royal Sign Manual.) Evaristo San Miguel.

697

6 June, 1823.] GREAT BRITAIN. [No. 115

[Neutrality in Foreig-n Wars. Enlistments, &c]

No. 115.— BRITISH PROCLAMATION for putting in

execution the Law* made to prevent the enlisting or engage- ment of His Majesty s Subjects in Foreign Service, and the fitting out or equipping, in His Majesty's Dominions, of Vessels for warlike purposes, without His Majesty's Licence. Qth June, 1823.

GEORGE, R.

Whereas Hostilities at this time exist between different States and Countries in Europe and America, and it is His Majesty's determination to observe the strictest Neutrality with respect to the States and Countries engaged in such Hostilities; and whereas His Majesty has been informed, that attempts have been made to induce His Majesty's Subjects to engage in such Hostilities, by enteriug into the Military and Naval Service of some of the said States and Countries without His Majesty's leave or licence :

And whereas by an Act, made and passed in the 59th year of the Reign of ffis late Majesty of Blessed Memory, intituled "An Act to prevent the enlisting or engagement of His Majesty's Subjects to serve in Foreign Service, and the fitting out or equipping, in His Majesty's Dominions, Vessels for war- like purposes, without His Majesty's Licence :"*

It is, amongst other things, enacted, " that if any natural born Subject of His Majesty, his Heirs or Successors, without the leave or licence of His Majesty, his Heirs or Successors, for that purpose first had and obtained under the Sign Manual of His Majesty, his Heirs or Successors, or signified by Order in Council, or by Proclamation of His Majesty, his Heirs or Suc- cessors, shall take or accept, or shall agree to take or accept, any Military Commission, or shall otherwise enter into the Military Service as a Commissioned or Non-commissioned Officer, or shall enlist or enter himself to enlist, or shall agree to enlist or to enter himself to serve as a Soldier, or to be employed, or shall serve in any warlike or military operation in the service of, or for, or under, or in aid of, any Foreign Prince, State, Potentate, Colony, Province, or part of any Province or People, or of any Person or Persons exercising or assuming to exercise the powers

* Act 59 Geo. Ill, cap. 69, 3rd July, 1819 ; repealed by Act 33 and 34 Vic, cap. 90, 1870.

098

No. 115] GREAT BRITAIN. [6 June, 1823.

[Neutrality in Foreign Wars. Enlistments, &c]

of Government in or over any Foreign Country, Colony, Province, or part of any Province or People, either as an Officer or Soldier, or in any other military capacity ; or if any natural born Subject of His Majesty shall, without such leave or licence as aforesaid, accept, or agree to take or accept, any Commission, Warrant, or appointment, as an Officer, or shall enlist or enter himself, or shall agree to enlist or enter himself, to serve as a Sailor or Marine, or to be employed or engaged, or shall serve in and on board any Ship or Vessel of War, or in and on board any Ship or Vessel used, or fitted out, or equipped, or intended to be used for any warlike purpose in the Service of, or for, or under, or in aid of any Foreign Power, Prince, State, Potentate, Colony, Province, or part of any Province or People, or of any Person or Persons exercising, or assuming to exercise the powers of Government in or over any Foreign Country, Colony, Province, or part of any Province or People ; or if any natural born subject of His Majesty shall, without such leave and licence as aforesaid, engage, con- tract, or agree to go, or shall go to any Foreign State, Country, Colony, Province, or part of any Province, or to any Place beyond the seas, with an intent, or in order to enlist or enter himself to serve, or with intent to serve in any warlike or military operation whatever, whether by land or by sea, in the service of, or for, or under, or in aid of, any Foreign Prince, State, Potentate, Colony, Province, or part of any Province or People, or in the service of, or for, or under, or in aid of, any Person or Persons exercising, or assuming to exercise the powers of Government in or over any Foreign Country, Colony, Province, or part of any Province or People, either as an Officer or a Soldier, or in any other military capacity, or as an Officer, or Sailor, or Marine, in any such Ship or Vessel as aforesaid, although no enlisting money, or pay, < r reward shall have been, or shall be, in any or either of the cases aforesaid, actually paid to or received by him, or by any Person, to or for his use or benefit, or if any Person whatever within the United Kingdom of Great Britain and Ireland, or in any part of nis Majesty's dominions elsewhere, or in any Country, Colony, Settlement, Island, or Place belonging to or subject to His Majesty, shall hire, retain, engage, or procure, or shall attempt or endeavour to hire, retain, engage, or procure, any Person or Persons whatever to enlist, or to enter, or engage to enlist, or to serve, or to be employed in any such service or employment as aforesaid, as an Officer, Soldier, Sailor, or Marine, either in land

G99

6 June, 1823.] GREAT BRITAIN. [No. 115

[Neutrality in Foreign "Wars. Enlistments, &c.j

or sea service, for or under, or in aid of, any Foreign Prince, State, Potentate, Colony, Province, or part of any Province or People, or for, or under, or in aid of, any Person or Persons exercising-, or assuming to exercise, any powers of Government as aforesaid, or to go, or to agree to go, or embark, from any part of His Majesty's Dominions, for the purpose or with intent to be so enlisted, entered, engaged, or employed as aforesaid, whether any enlisting money, pay, or reward, shall have been, or shall be actually given or received, or not, in any or either of such cases, any Person so offending shall be deemed guilty of a Misdemeanor, and upon being convicted thereof, upon any information or indict- ment, shall be punishable by fine and imprisonment, or either of them, at the discretion of the Court before which such Offender shall be convicted."

And it is further enacted, " that it shall and may be lawful for any Justice of the Peace, residing at or near to any Port or Place within the United Kingdom of Great Britain and Ireland, where any offence made punishable by this Act as a Misdemeanor shall be committed, on information on oath of any such offence, to issue his warrant for the apprehension of the Offender, and to cause him to be brought before such Justice, or any Justice of the Peace ; and it shall be lawful for the Justice of the Peace before wdiom such Offender shall be brought, to examine into the nature of the offence upon oath, and to commit such Person to gaol, there to remain until delivered by due course of law, unless such Offender shall give bail, to the satisfaction of the said Jus- tice, to appear and answer to any information or indictment to be preferred against him, according to Law, for the said offence :"

And it is further enacted, " that in case any Ship or Vessel in any Port or Place within His Majesty's Dominions, shall have on board any such Person or Persons who shall have been enlisted or entered to serve, or shall have engaged or agreed, or been procured to enlist or enter or serve, or who shall be departing from His Majesty's Dominions, for the purpose and with the in- tent of enlisting or entering to serve, or to be employed, or of serving or being engaged or employed in the Service of any Foreign Prince, State, or Potentate, Colony, Province, or part of any Province or People, or of any Person or Persons exercising, or assuming to exercise, the powers of Government in or over any Foreign Colony, Province, or part of any Province or People, either

700

No. 115] GREAT BRITAIN. [6 June, 1823.

[Neutrality in Foreign Wars. Enlistments, &c]

as an Officer, Soldier, Sailor, or Marine, contrary to the provisions of this Act, it shall be lawful for any of the Principal Officers of Hia Majesty's Customs, where any such Officers of the Customs shall be, and in any part of His Majesty's Dominions in which there are no Officers of His Majesty's Customs, for any Governor, or Persons having the Chief Civil Command, upon information on oath given before them respectively, which oath they are hereby respectively authorised and empowered to administer, that such Person or Persons as aforesaid is or are on board such Ship or Vessel, to detain and prevent any such Ship or Vessel, or to cause such Ship or Vessel to be detained or prevented from pro- ceding to sea on her voyage with such Persons as aforesaid on board ; provided, nevertheless, that no Principal Officer, Governor, or Person shall act as aforesaid upon such information upon oath as aforesaid, unless the Party so informing shall not only have deposed in such information that the Person or Persons on board such Ship or Vessel hath or have been enlisted or entered to serve, or hath or have engaged or agreed, or been procured to enlist or enter or serve, or is or are departing as aforesaid, for the purpose and with the intent of enlisting or entering to serve or be employed, or of serving or being engaged or employed in such Service as aforesaid, but shall also have set forth in such infor- mation upon oath, the facts or circumstances upon which he forms his knowledge or belief enabling him to give such informa- tion upon oath ; and that all and every Person and Persons con- victed of wilfully false swearing in any such information upon oath, shall be deemed guilty of, and suffer the penalties on Per- sons convicted of wilful and corrupt perjury :"

And it is further enacted, " that if any Master or other Person having or taking the charge or command of any Ship or Vessel, in any Part of the United Kingdom of Great Britain and Ireland, or in any Part of His Majesty's Dominions beyond the seas, shall, knowingly and willingly, take on board, or if such Master or other Person, having the command of any such Ship or Vessel, or any Owner or Owners of any such Ship or Vessel, shall, know- ingly, engage to take on board any Person or Persons who shall have been enlisted or entered to serve, or shall have engaged or agreed, or been procured to enlist or enter or serve, or who shall be departing from His Majesty's Dominions, for the purpose and with the intent of enlisting or entering to serve, or to be em- ployed, or of serving or being engaged or employed in any Naval

701

6 June, 1823.] GREAT BEITAIX. [No. 115

[Neutrality in Foreign Wars. Enlistments, &c]

or Military Service, contrary to the Provisions of this Act, such Master or Owner or other Person, as aforesaid, shall forfeit and pay the sum of £50 for each and every such Person so taken or engaged to be taken on board ; and moreover every such Ship or Vessel so having on board, conveying, carrying, or transporting any such Person or Persons, shall and may be seized and detained by the Collector, Comptroller, Surveyor, or other Officer of the Customs, until such penalty or penalties shall be satisfied and paid, or until such Master or Person, or the Owner or Owners of .such Ship or Vessel shall give good and sufficient bail, by recog- nizance, before one of His Majesty's Justices of the Peace for the payment of such penalty or penalties : "

And it is further enacted, " that if any Person, within any Part ef the United Kingdom, or in any Part of His Majesty's Dominions >ud the seas, shall, without the leave and licence of His Majesty for that purpose first had and obtained, as aforesaid, equip, furnish, fit out, or arm, or attempt or endeavour to equip, furnish, fit out, or arm, or procure to be equipped, furnished, fitted out, or armed, or shall knowingly aid, assist, or be concerned in the equipping, furnishing, fitting out, or arming of any Ship or Ve -el, with intent or in order that such Ship or Vessel shall be employed in the Service of any Foreign Prince, State, or Potentate, or of any Foreign Colony, Province, or part of any Province or People, or of any Person or Persons exercising, or assuming to exercise, any powers of Government in or over any Foreign State, Colony, Province, or part of any Province or People, as a Trans- port or Store Ship, or with intent to cruize or commit Hostilities against any Prince, State, or Potentate, or against the Subjects or Citizens of any Prince, State, or Potentate, or against the Persons exercising, or assuming to exercise, the powers of Government in any Colony, Province, or part of any Province or Country, or against the Inhabitants of any Foreign Colony, Province, or part of any Province or Country, with whom His Majesty shall not then be at war, or shall, within The United Kingdom, or any of His Majesty's Dominions, or in any Settlement, Colony, Territory, Island, or Place belonging or subject to His Majesty, issue or deliver any Commission for any Ship or Vessel, to the intent that •such Ship or Vessel shall be employed, as aforesaid, every such Person so offending shall be deemed guilty of a Misdemeanor ; and shall, upon conviction thereof, upon any information or indict- ment, be puuished by fine and imprisonment, or either of them, at

702

No. 115] GKEAT BRITAIN. [6 June, 1823.

[Neutrality in Foreign Wars. Enlistments, &c]

I he discretion of the Court in which such Offender shall be con- victed, and every such Ship or Vessel, with the tackle, apparel, and furniture, together with all the materials, arms, ammunition, and stores which may belong' to, or be on board of, any such Ship or Vessel, shall be forfeited ; and it shall be lawful for any Officer of His Majesty's Customs or Excise, or any Officer of His Majesty's Navy, who is, by law, empowered to make seizures for any for- ft- iture, incurred under any of the Laws of Customs or Excise, or the Laws of trade and navigation, to seize such Ships and Vessels aforesaid, and in such Places, and in such manner in which the Officers of His Majesty's Customs or Excise, and the Officers of His Majesty's Navy, are empowered l-espectively to make seizures under the Laws of Customs and Excise, or under the Laws of trade and navigation ; and that every such Ship and Vessel, with the tackle, apparel and furniture, together with all the materials, arms, ammunition, and stores which may belong to, or be on board of, such Ship or Vessel, may be prosecuted and condemned, in the like manner, and in such Courts as Ships or Vessels may be pro- secuted and condemned for any breach of the Laws made for the protection of the revenues of Customs and Excise, or of the- Laws of trade and navigation: "

• x\nd it is further enacted, " that if any Person, in any Part of the United Kingdom of Great Britain and Ireland, or in any Part of His Majesty's Dominions beyond the seas, without the leave and licence of His Majesty for that purpose first had and obtained as aforesaid, shall, by adding to the number of the guns of such Vessel, or by changing those on board for other guns, or by the addition of any equipment for war, increase or augment, or pro- cure to be increased or augmented, or shall be knowingly con- cerned in increasing or augmenting the warlike force of any Ship or Vessel of War, or Cruizer, or other armed Vessel, which at the time of her arrival in any Part of the United Kingdom, or any of His Majesty's Dominions, was a Ship of War, Cruizer, or armed Vessel, in the Service of any Foreign Prince, State, or Potentate, or of any Person or Persons exercising, or assuming to exercise, any powers of Government, in or over any Colony, Province, or Part of any Province -or People, belonging to the Subjects of any such Prince, State, or Potentate, or to the Inhabitants of any Colony, Province, or part of any Province or Country, under the control of any Person or Persons, so exercising, or assuming to exercise, the powers of Government, every such Person so offend-

703

6 June, 1823.] GEEAT BEITAIN. [No. 115

[Neutrality in Foreign "Wars. Enlistments, &c]

Log shall be deemed guilty of a Misdemeanor, and shall, upon being convicted thereof, upon any information or indictment, be punished by fine and imprisonment, or either of them, at the discretion of the Court before which such Offender shall be con- victed : "

His Majesty, therefore, being resolved to cause the Provisions of the said Statute to be effectually put in execution, and being desirous that none of His Majesty's Subjects should unwarily subject themselves to the penalties thereby inflicted, hath thought fit, by and with the advice of His Privy Council, to issue this His Royal Proclamation, and doth hereby strictly command, that no Person or Persons whatsoever do presume to commit or attempt any act, matter, or thing whatsoever, contrary to the Provisions of the said Statute, and the true intent and meaning thereof, and that the said Provisions of the said Statute be punctually observed and kept, upon pain of the several penalties by the said Statute inflicted upon Offenders against the same, and of His Majesty's high displeasure.

Given at Our Court at Carlton House, this 6th day of June, 1823, and in the Fourth year of our Reign.

God save the King.

704

No. 116] KUSSIA AND OLDENBURG. [6 Aug., 1823.

[Jever.]

No. 116.— PATENT of the Duke of Oldenburg, on taking possession of the Lordship of Jever. Oldenburg, 6th August, 1823.

(Translation.)

We, Peter Frederick Lewis, Duke of Oldenburg, &c, &c, &c. send our Princely greeting to all and each of the inhabitants and subjects of the hereditary Lordship of Jever.

Whereas His Majesty Alexander L, Emperor of all Russia, by Deed of Cession dated 18th April, 1818 (No. 78), ceded and made over, with all the rights of Sovereignty and Possession appertain- ing to him, the Lordship of Jever, formerly under our Administra- tion, to us in such wise that as previously intended it should be reunited under one Government with our Duchy of Oldenburg so long as there are heirs of the line ; and as we now, since the death of our cousin the Duke Peter Frederick William of Holstein-Olden- burg, have undertaken and entered upon the Government of the Duchy of Oldenburg for ourselves, it is our intention to take formal possession of the aforesaid Lordship of Jever, and we have appointed Commissioners for the purpose.

Hereby therefore, and by virtue of this Patent, for ourselves, for the Princes our Son and Grandson, and all their Princely heirs and successors, we take formal possession of the hereditary Lordship of Jever and its Government, and hereby command that His Imperial Majesty's Patent of 18th April, 1818, releasing the inhabitants of the Lordship from their sworn fealty to him, be published, and that the oath of homage in our hereditary Lord- ship of Jever be taken before our aforesaid Commissioners.

In the Palace at Oldenburg, 6th August, 1823.

Von Berg. PETER.

Lantz.

[See also Convention of 8th January, 1825, respecting Knip- hausen.]

705 2 z

9 Sspt., 1823.] HANOVER AND BREMEN. [No. 117

[Navigation of the "Weser.]

No, in. SEPARATE CONVENTION betiveen Hanover and Bremen, relative to the Navigation of the Weser. Signed at Minden, dth September, 1823.

Art. Table.

Preamble.

1. Stations and Proportion of the Subjects of each State to be employed.

2. Arrangement to apply to all Conveyances of Goods, whether by Com-

panies or otherwise.

3. Bremen to see to Fulfilment of Arrangement on regular Voyages ;

Hanover with regard to other Conveyances.

4. Convention to come into force at the same time as the Weser Navigation

Convention.*

On account of what has occurred in the transactions of the Weser Navigation Commission in regard to relays of towing- horses on the part of the River between Bremen and Stolzenau, the Commissioners for Hanover and Bremen have met by direc- tion of their Governments and agreed upon the following points : —

Arts. I to IV. (See Table.)

Minden, 9th September, 1823.

J. F. W. HEILIGER, as Commissioner for Hanover. Dr. F. W. HEINEKEN, as Commissioner for Bremen.

* 10th September, 1823.

706

No. 118] PRUSSIA, HANOYEE, &C. [10 Sept., 1823.

[Navigation of the Weser, &c.]

NO. 118.— CONVENTION between Prussia, Hanover, Hesse-Cassel, Brunswick, Oldenburgh, Lvppe, and Bremen, concerning the Free Navigation of the Weser. Signed at Minden, 10th September, 1823.

Art. Table.

Preamble. Eeference to Yienua Congress Treaty of 9th June, 1815.

I. General Provisions.

1. Free Navigation of the Weser. Coasting Trade between Eiverain States

reserved.

2, 3. Abolition of all exclusive Eights and Privileges.

4. Navigation Free to all who are authorised by their Governments.

5. Merchant Vessels to have an inscription of the place to which they

belong, number, and burthen.

6. Ships and their Burthen. Periodical Yoyages.

7. Carriage of Gunpowder.

8. Freight-Prices.

9. No New Restrictions -to be placed on Ships direct from the Sea.

10. Merchants allowed to contract with Captains for a certain Period.

11. Conditions of such Contracts.

12. Weights and Measures.

13. Standard of Money.

II. The Dues.

14. Abolition of former Dues.

15. New Dues, and Proportion to be received by each State.

16. Places of Collection.

17. Abatement of Dues.

18. Tolls for Live Animals,

19. Empty Ships.

20. Weight of Goods to be Vouched for.

21. Dues to be collected only when the Vessel goes beyond the Place of

Collection.

22. No other Dues shall be levied.

23. Duties not included in the foregoing Articles.

24. Punishment of Officials for misappropriating Money or Goods.

III. Supervision.

25. Weight of Goods.

26. Each State has the right of Examination.

27. Causes for Suspicion.

28. Tolls for Vessels going from one Place in the Eiver to another.

29. Facilities for Collection.

30. Grounds of Suspicion must be proved.

707 2 z 2

10 Sept., 1823.] PRUSSIA, HANOVER, &c. [No. 118

[Navigation of the "Weser, &c]

Art. Table.

31. Claims for Abatement.

32. Examination not to be delayed.

33. Result of Examination once stated on Bills of Lading to be valid in

other States.

34. Attempted Evasion of Dues.

35. Examination to take place according to Regulations.

36. Result to be marked on Bills of Lading.

37. "Weights of Ooods to be certified by the Authorities.

38. Unloading to take place according to Regulations.

39. Form of Declaration, &c.

40. Vessels only to lie at Appointed Places.

41. In cases of Suspicion, an Officer may be sent on board Vessels going

from one place to another.

IV. Measures against Natural Impediments to Navigation and

Accidents.

42. The several States to remove Impediments at then' own Expense.

43. Salvage and Provision in case of Accidents.

V. Towing Paths.

44. Towing-paths to be kept in good condition.

45. Captains to see that no Damage is done.

46. Captains may employ whom they please for Towing.

47. Supervision of Towing.

48. Captains to arrange for Transfer of Towing-Horses from one Bank to

the other.

VI. Affluent Rivers.

49. Question of application of Provisions of the present Convention to

Affluent Rivers to be left to the States concerned.

VII. Execution and future Revision of Convention.

50. Provisions of Convention applicable to itself alone, without reference to

special Treaties, Laws, or Ordinances.

51. To come into force on the 1st of March, 1824.

52. Matters to be settled by a superior Customs Officer.

53. The Contracting States to assist each other's Officers.

54. A Revision Commission to be appointed from time to time.

55. Ratifications.

Annex A. Proportion of Weights and Measures. „ B. Valuation of Moneys.

„ C. List of Customs Offices, and Tolls to be levied a them. „ D. Table of Normal Weights for levying the Tolls. „ E and F. Forms of Declarations, &c.

708

No. 118] PRUSSIA, HANOVER, &c. [10 Sept., 1823.

[Navigation of the "Weser, &c]

(Translation.) Reference to Vienna Congress Treaty of 9th June, 1815.

In order to apply the general principles for the Navigation of Rivers which pass through several States, as laid down in Articles CVIII to CXVI of the Vienna Congress Act of 9th June, 1815 (No. 27), to the Weser, the States interested have ap- pointed Commissioners to arrange the necessary provisions, namely :

His Majesty the King of Prussia, Dr. Charles William Koppe ;

His Majesty the King of Great Britain and Ireland, as King of Hanover, Councillor John Frederick William Heiliger ;

His Royal Highness the Elector of Hesse, Dr. William Lewis Schrader ;

His Majesty the King of Great Britain and Ireland, King of Hanover, as Guardian-Regent of the Duchy of Brunswick, Councillor John Frederick William Heiliger ;

His Highness the Duke of Oldenburg, Councillor Charles Frederick Ferdinand Suden ;

His Highness the Prince of Lippe, Councillor John Frederick William Heiliger ; and

The Senate of the Free Town of Bremen, Dr. Frederick William Heineken ;

Who have met at Minden and agreed upon the following .stipulations: —

Arts. I to LV. (See Table.)

Minden, 10th September, 1823.

Dr. C. W. KOPPE.

J. F. W. HEILIGER, for Hanover.

Dr. W. L. SCHRADER.

J. F. W. HEILIGER, for Brunswick.

C. F. F. SUDEN.

J. F. W. HEILIGER, for Lippe.

Dr. F. W. HEINEKEN.

709

10 Sept. 1823.] PRUSSIA JJSB BREMEN. [No. 119

[Navigation of the Weser.]

NO. 119.— SEPARATE COXVEXTWX between Prussia and Bremen, respecting the Navigation of the Weser. Signed at Minden, 10th September, 1823.

Art. Table.

1. Art. XV of the Weser Convention to be fully applied to Minden Ships

and Goods for the present.

2. If after 5 years' experience the inhabitants of Minden lose by the change,

Bremen to indemnify them, and make other Arrangements for the future.

3. Claim for Indemnification to be made by the Prussian Government for

Minden.

4. In case of Disagreement, to be submitted to Arbitration.

5. Bremen to recognise any claim established by Minden against the

Prussian Exchequer.

6. Bremen reserves the Right of Summoning Minden to declare, after

5 years' experience, whether it will adhere to Article 15 of the Weser Convention, and renounce the Treaty of 1769.

7. Ratifications.

(Translation. ) Reference, to Treaty of 26th August, 17G9.

Whereas at the conclusion of the Weser Navigation Con- vention this clay, the special rights of the town of Minden arising from the Treaty concluded between that towa and the Hanse Town of Bremen on the 26th of August, 1769, were spoken of, and it was declared both on the part of Prussia and of ^Bremen that there was no intention to prejudice those rights ; therefore this Separate Convention has been concluded between the Commissioners of the two States.

Arts. I to VII. (See Table.)

Minden, 10th September, 1823.

Dr. C. W. KOPPE, Commissioner for Prussia.

Dr. P. W. IIEINEKEN, Commissioner for Bremen.

710

No. 120] BRUNSWICK AND HANOVER, [24 June, 1824.

[Boundaries.]

~No,120.— AGREEMENT between Brunswick and Han- over, for the regulation of the Frontiers. Signed at Brunswick, 24:th June, 1824.

Arts. Table.

Preamble.

1 ]

to >• General Stipulations.

3.J-

Division I.

Boundaries of the Wolfe nbiittel and Schoningen District of Brunswick, next the adjacent Districts of Hanover.

Section I. 41

to ^-Boundary between ScMaclen and Wolfe nbiittel. 9. J

Section II.

10 1

to J- Boundary between Liebenburg and Solder.

14. J

Section III. 151 to > Boundary between Wohldenberg and Solder.

20. J

Section IV.

21. Boundary between Sleuerwald and Steinbriiclc and Solder.

Section V. 22 and 23. Boundary between Peine and Solder.

Section VI. 24 ] to > Boundary between Peine and Bettmar.

28. J

Section VII.

29. Boundary between Meinerssen and Bettmar.

Section VIII.

30. Boundary between Gifhom and Bettmar.

Section IX. 311

to > Boundary between Gifhom aaad Biddagshausen. 33. J

Section X.

31. Boundary between Gifhom and Poller sleben, and Biddagshausen and

Section XI. 35; ]

fco« > Boundary between Fallersleben and Konigslulter. 37. J

711

24 June, 1824.] BRUNSWICK AND HANOVER. [No. 121

[Boundaries.]

Aets. Section XII.

38 and 39. Boundary between Fallersleben and Vorsfel.de.

Section XIII. 40 ]

to > Boundary between Boldeck and Yorsfelde. 42. J

Division II.

Boundaries of the Brunsioick Principality of Blankenburg, next the adjacent Districts of Hanover.

Section I. 43-1

to > Boundary between Hasselfelde and Hohnstein.

46. J

Section II.

47. Boundary between Walkenried and Hohnstein.

Section III.

48. Boundary between Walkenried and Clausthal.

Section IV. 49 and 50. Boundary between Hasselfelde and Clausthal.

Section V.

51. Boundary between Blankenburg and Elbingerode.

Division III.

Boundaries of the Brunswick Harz District, next the adjoining Districts of Hanover.

Section I.

52. Boundary between Hartzburg and Vienenburg.

Section II. 53 ]

to > Boundary between Hartzburg and Goslar. 64. J

Section III. 65 1

to > Boundary between Hartzburg and Liebenburg. 67. J

Section IV. 68 ]

to y Boundary between Seesen and Liebenburg. 70. J

Section V.

71]

to > Boundary between Ostharingen and Seesen.

75. J

Section VI. 76]

to V Boundary between Seesen and Woltldenberg. 78. I

712

No. 120J BRUNSWICK AND HANOVER. [24 June, 1321 .

[Boundaries.]

Aets. Section VII.

79 "I

to > Boundary between Seesen and Bokenem.

81. J

Section VIII.

82 and 83. Boundary between Seesen and Bilderlake.

Section IX.

84. Boundary between Gandersheim and Bilderlake and Winzenlurg.

Section X.

85. Boundary between Gandersheim and Salzderhelden.

Section XI.

86. Boundary between Gandersheim and Brioistein,

Section XII.

87. Boundary between Gandersheim and Westerhof.

Section XIII.

88. Boundary between Seesen and Westerhof.

Section XIV. 89 ] to > Boundary between Seesen and Oldershause .

91. J

Section XV.

92. Boundary between Seesen and Osterodc.

Section XVI.

93. Boundary between Seesen and Clausthal.

Section XVII.

94. Boundary between Hartzbnrg and Clausthal.

Section XVIII. 95 ]

to > Boundaries of the Enclave Bodenhurg-Oestrum. 98. J

Division IV.

Boundaries of the Weser District.

Section I.

99 ]

to >■ Boundary between Greene and Winzenburg. 101. J

Section II.

102 "1 to > Boundary between Greene and Lauenstein.

104. J

Section III.

105. Boundary between Escliershausen and Larenstein.

713

24 June, 1824.] BRUNSWICK and iiaxover. [No. 120

[Boundaries.]

Arts. Section IV.

10S. Boundary between Escliershausen and Koppenbrilgge.

Section V. 107. Boundary between Escliershausen and Springe.

Section VI. 108 "I to I- Boundary between Escliershausen and Grohnde.

111. J

Section YII.

112. Boundary between Ottenstein and Grohnde.

Section YIII.

113 "1

to [Boundary between Ottenstein, Escliershausen and Solzminden, and -■-.£ J Sodenwerder.

Section IX. 117. Boundary between Ottenstein and Aerzen.

Section X. 118 "1 to > Boundary between Ottenstein and Polle.

120. J

Section XI.

121. Boundary between Solzminden and Polle.

Section XII.-

122. Boundary between Solzminden and .ZWeMOiw and Lauenforde.

Section XIII. 123 and 124. Boundary between Solzminden and Uslar.

Section XI Y. 125 ] to i- Boundary between EscltersJtuusen and Erichsuurq-Sunnesriick.

127. J

.SVW/o« XY.

128. Boundary between Escliershausen and Eofhenlcirchen.

Section XVI. 129 and 130. Boundary between Greene and Bothenkirchen, Salzderhelden and Einbeek.

Section XYII. 131 "I

to V Boundary between Thedinghausmmtik Westen and Thedinqhausen.

133. J

134. Retention of old Landmarks and fixing new ones.

135. Chase-rights limited within the New Boundaries.

136. Ratification, and subsequent proceedings.

(Translation.)

Preamble.

In order to regulate the Frontiers between the Duchy of

714

No. 120] BRURNSWICK AND HANOVER. [24 June, 1824.

[Bcmnclaries.]

Brunswick and the Kingdom of Hanover, which are at several points disputed and doubtful, and thereby to prevent for the future the difficulties arising' from the uncertainty, His Royal Highness the Duke of Brunswick has appointed his Chamber Director Godfrey Philip von Biilow, and His Majesty the King of Great Britain and Ireland, as King of Hanover, has appointed his Government Councillor, George Edward Heinichen, as their respective Commissioners, who have agreed upon the following stipulations : —

Arts. I to CXXXVI. (See Table.;

Brunswick, 24th June, 1824.

GODFREY PHILIP YON BULOW,

Brunswick Commissioner. GEORGE EDWARD HEINICHEN, for Hanover.

715

2 July, 1824.] HANOVER AND THE NETHERLANDS. [No. 121

[Boundaries.]

NO. 121.— BOUNDARY TREATY between Hanover and the Netherlands. Signed at Meppen, 2nd Jidy, 1824.

Aet. Table.

Preamble.

1. Former agreements relative to boundaries, from 16th May, 15-48, to 9tli

September, 1801, to form the basis of this Treaty, and where they are not altered hereby, remain in force.

2. Private rights remain as before, if not regulated by this Treaty.

3. "When the Boundary marks are placed, a topographical plan and descrip-

tion are to be prepared.

4. Buildings and their appurtenances not to be separated by the Boundary

line.

5. Private buildings not to be erected hereafter within a certain distance

of the Boundary line (Proprietors*).

6. Cattle straying over the Boundary.

7. Owners of Property on both sides of the line.

8. Revenue from Property passing under a different Sovereignty.

9. Bondsmen on Estates divided by the line, retain their present relations

with the owners. 10, 11. Boundary from Welperwen to the Bammel-bach. 12, 13. Boundary from the Rammel-bach to Strootmans kamjj. 14 — 16. Boundary from Strootmans kamp to Bucht-Scheiine.

17. Boundary from BucM-Scheilne to MiXntjes-Berge.

18, 10. Boundary from Milntjes-Berge to Schiiltmanns Tcwm/p. 20, 21. Boundary from Schiiltmanns Jcatnp to Melenberg. 22, 23. Boundary from Melenberg to Toren-Stege.

24, 25. Boundary from Toren-Stege to the point where Bentheim, Overgssel.

and Drenthe meet. 26 — 30. Boundary from the above point to a point north of Heclmans-Boe. 31, 32. Boundary from the last-named point to Tholen House. 33 — 35. Boundary from Tholen House to Lether-Flilgel-Deich . 36 — 40. Boundary from Lether-Flugel-Deich to the Dollar/.

41. Boundary through the Dollart to the Ems.

42. Boundary Stones to be placed at all the points mentioned.

43. Yearly Inspection of Boundary Marks.

4 1. Commissioners authorised to decide Disputes. 45. Ratifications.

(Translation.)

His Majesty the King1 of Great Britain and Ireland, King- of Hanover, &c, and His Majesty the King of the Netherlands, &c., considering it necessary to settle the Boundaries along the whole

* Modified by a Convention dated 9th October, 1846.

716

No. 121] HANOVER AND THE NETHERLANDS. [2 July, 1824-

[Boundaries.]

line where the two Kingdoms of Hanover and of the Netherlands adjoin each other, have appointed Commissioners for the purpose, that is to say —

The King of Hanover, Dr. Conrad Ferdinand Frederick von Pestel-Bruche, Dr. Clamor Ernest George Victor, Baron von dem Bussche-Hiinnefeld, and Inspector Otto Diedrich Christopher Frederick Keinhold ; and

The King of the Netherlands, Director Maximilian Jacob de Man, Dr. Albert Sandberg, Dr. Henry Guichart, and Dr. John Lindhorst Homan ; who have agreed upon the following points : —

Arts. I to XLV. (See Table.) Meppen, 2nd July, 1824.

PESTEL.

v. BUSSCHE.

KEINHOLD.

de MAN.

A. SANDBERG.

GUICHART.

HOMAN.

717

4 NOV., 1824.] FRANCE AND SWITZERLAND.

[Neufchatel Boundary.]

[No. 122

to L

7. J

No. 122.— PROOFS VERBAL between the Commission rs of France, Switzerland, and Neufchatel, for the Demarcation of the Frontier between France and Neufchatel. Neuf- chatel, 4:th November, 1824.

Aet. Table.

Preamble. Eeference to Treaties of 30th May, 1814, and 20tli November, 1815.

Instructions for the Demarcation of the Limits between France and

Neufchatel.

1. Limit in River Doitls.

2 1

to > Regulations for the Navigation of the River Douls.

6. J

(Translation.)

Reference to Treaties of 30th May, 1814, and 20th November, 1815.

We, Armand Charles, Count Guilleminot, Lieutenant -General of the Armies of His Most Christian Majesty, Peer of France, his Ambassador at the Ottoman Porte, &c., Commissioner for the de- marcation of the Frontiers of the Kingdom on the East of France, appointed by Letters Patent dated 7th May, 181 6,

Assisted by the members of the Boundary Commission, whose names follow : Joseph Durey, Count de Nomville, Colonel on the Staff, &c. ; Anatoli Francois Epailly, Lieutenant-Colonel of Engi- neers, «&c. ; Louis Michel Boutinot, Captain of Engineers, &c, of the one part ;

And we, Jean Conrad Finsler, Major-General, Councillor of State for the Canton of Zurich, Quartermaster-General and Boundary Commissioner for the Helvetic Confederation, by Order of 1st June, 1816;

And, as Commissioner of the Principality of Neufchatel, 21st Swiss Canton, we, George de Rougemont, one of the Presidents of the Council of State, appointed by Letters Patent dated 12th August, 1817 ; assisted by Joel Matile, Councillor of State and Archiviste, charged with the functions of Commissioner- General, and, in that capacity, to intervene in all that relates to the Frontiers of the Cantonal Principality of Neufchatel ; Charles Francois Nicolet, Mayor of Loche, and Charles Junod, member of the Court of Justice of the Coast, the two latter sworn surveyors, employed, each of them, as engineers, of the other part ;

After having exchanged our Full Powers and conferred for several days upon the object of our Mission, have agreed :

718

No. 122] TRANCE AND SWITZERLAND. [4 Nov., 1824.

[Neufchatel Boundary.]

That the Treaties of Peace signed at Paris on the 80th May, 1814 (No. 1), and 20th November, 1815 (No. 40), fix the Boundary between France and the Principality of Neufchatel ;

That Paragraph 6 of Article III of the first of these Treaties (No. 1), to which the second made no change, is described in the following terms :

•; In the Department of the Doubs, the Frontier shall be so regulated as to commence above the Ranconniere, near Loche, and follow the crest of the Jura between the Cerneux-Pequignot and the village of Fontenelles, as far as the peak of that mountain, situated about 7,000 or 8,000 feet to the north-west of the village of La Brevine, where it shall again fall in with the ancient Boundary of France;"

That these stipulations of the Treaty refer to the Limit which separates France from the Canton of Neufchatel ;

That the same Limit has been established and described in a Proces-verba! drawn up from the 12th to the 2Gth November, 176G, by Messieurs Jacques Francois Hyacinthe Faton, Sub- delegate of the Iutendency of Franche Comte, Commissioner of the Most Christian King, of the one part, and Samuel Meuron, and Francois Antoine Rougemont, Councillors of State and Com- missioners of the King of Prussia, of the other part ;

That under that state of things, the said Limit is divided into two parts, the one settled by the Proces-verbal of 1766, and the other to be settled, in execution of the Treaties of Paris.

After having made several visits and examinations of the Frontier, we have also recognised that the text of the Treaty above quoted did not strictly apply to the Territory to which it related ; that for example, instead of the village of Fontenelles, there is only a chapel and a few scattered houses, known under the name of Fontenelles ; that in the Limit to be rectified, the Jura does not consist of a single peak, nor of several continuous peaks ; lastly, that the distance of 7,000 to 8,000 feet does not well refer to the village of Brevine, with reference to the summit of the Jura over which the ancient Limit passes.

In the part of the ancient Limit which is preserved, we have remarked that the position is uncertain in many places, either on account of the small number of stakes and of their bad position, or because the roads cut in 1766 have not been well kept.

After having maturely examined the land between Ranconniere

710

4 Nov., 1824.] FRANCE AND SWITZERLAND. [No. 122

[Neufchatel Boundary.]

and Brevine, we terminated the discussions on the execution of the Treaties of Paris by a Convention signed at Berne on the 9th July, 1818, by which it has been admitted that the rectification should consist in making- the Limit pass by the Hock called Ecus- sons, on the northern side of the hill Nilot, the pasture grounds called Basse-Bergeron, the crest of theMeixMusy, the parish of the Roussottes, the left of the houses called Upper Gardots, that of Meix Seignolet, the right of the road from Rabelin to Meix- Baillot, and the several summits at the beginning of the Larmont Mountain, where the ancient Limit is to be found which the Treaties wished to designate as being the village of Brevine, and which is hereafter described under number 74. By this rectifica- tion the houses called Lower Gardots, and the Hamlets called Cerneivx, Pequinot, and Betod with their dependencies, the small valley of Roussottes, have been united to the Territory of the Canton of Neufchatel.

The Limit, according to the acts above spoken of, extends from the point at which the course of the Doubs ceases to sepa- rate France from the Canton of Berne, close to the hamlet of Biaufond as far as the point where the Limit between France and the Canton de Vaud, near the Vitaux Farm, commences. In some parts of its extent it is naturally formed by the course of the Doubs, by that of the Rivulet Ranconniere, by crests of moun- tains and sl< »pes, in the others it is determined by straight lines whose direction must be marked by stakes.

In order to execute the Measurement, the Plan and the description of the Limit, we have decided as follows : —

Akts. I to VI. Instructions for the Demarcation of the Limits between France and Neufchatel.

The waters of the River Doubs, where its course forms the Limit, serve as a means of transport and as a motive power. The enjoyment of those waters having up to the present time been subjected to duties more or less disputed frequently giving rise to discussions and alterations between the respective subjects, we the above-named Commissioners, with the intention of preventing everything which might impede the good intelligence between them, have agreed that the enjoyment of the waters of the Doubs should in future be regulated in accordance with the following Articles : —

720

No. 122] FRANCE AND NEUFCHATEL. [4 Nov., 1824.

[Neu.fch.atel Boundary.]

Limit in River Dovbs. Art. I. In every part of the River Doubs which separates France from the Principality and Canton of Neufchatel, the Limit of Sovereignty is in the Middle of the Waters.

Arts II to VI. Regulations for the Navigation of the River Doubs.

The present Act of demarcation shall be submitted to the approbation of the respective Governments, and immediately after the Ratifications, they shall be exchanged.

Done, concluded, and settled in duplicate at Neufchatel, 4th November, 1824.

In the name of Count Guilleminot DE ROUGEMONT.

and by special delegation, MATILE.

EPAILLY. FINSLER.

721 3 a

8 June, 1825.] OLDENBURG, kg. [No. 123

[Kniphausen .]

NO. 123.— CONVENTION between The Duke of Olden- burg and Count Bentinck, for regulating the Political Relations of the Seignory of Kniphausen. Signed at Berlin, 8th June, 1825.

Aet. Table.

Reference to Conference of Aix-la-Chapelle of 1818.

1. Sovereignty of Count Bentinck over Seignory of Kniphausen.

2. Cession by Count Bentinck to Duke of Oldenburg of supremacy over

Kniphausen with reservation of certaiu Rights.

3. Federal Acts, &c., of German Confederation binding on Kniphausen.

4. Kniphausen to contribute in money and men towards the German Con-

federation.

5. Special flag for Kniphausen.

6. Judicial powers.

7. Court of arbitration to settle differences and disputes.

8. Freedom of Trade.

9. Guarantee of Convention by German Confederation. 10. Rights reserved by Count Bentinck.

Reference to Conference of Aix- la- Chape lie o/1818. Whereas by the political events which followed the Treaty of Tilsit,* the Seignory of Kniphausen was united in the same district with the Seignory of Jeverf under one and the same Government, and this union found to exist when His Majesty the Emperor of Russia, in 1813, resumed possession of Jever, and then made it over to the Duke of Oldenburg, without any simul- taneous disposition on the part of the Allied Sovereigns, or any- thing being subsequently determined, as to Kniphausen, at the Congress of Vienna ; and whereas various differences arose from this uncertainty, and therefore at the desire of the Cabinets assembled in Congress at Aix-la-Chapelle, in the year 1818, Russia and Prussia were induced to mediate a Convention between H.S.H. the Duke of Oldenburg and Count Bentinck, as possessor of the Seignory of Kniphausen, by which the relations of the latter should be better determined, and thereby on the one part in consideration of the interests of His Serene Highness, particularly with respect to his eventual rights of succession, and

* France and Prussia, 9th July, 1807. Annulled.

t The Department of the Bouches d'Ems and Weser of the French Empire. See also Oldenburg Patent of 6th August, 1823.

722

No. 123] OLDENBURG, &c. [8 June, 1825.

[Kniphausen.]

the geographical position of Kniphausen, which is bounded on the land side by the Seignory of Jever, and on the other hand the wish of the Count to secure the same protection of the Germanic Confederation that he formerly enjoyed under the German Empire ; negotiations in accordance therewith took place under the Media- tion of the said Courts, and of the Court of Austria which was particularly invited to take a part in them ; and in conformity with the proposals made by the Mediating Powers the follow- ing Convention, after mature deliberation was concluded between the Representatives of the Duke of Oldenburg, Baron William Ernest de Beaulieu Marconnay, His Councillor of Regency, and of Count Bentinck. the Aulic Councillor William Charles Barnstedt.

Sovereignty of Count Bentinck over Seignory of Kniphausen.

Art. I. Count Bentinck re-enters for himself and his family, with respect of the Seignory of Kniphausen, under the special stipulations contained in the following Articles, into the posses- sion'and enjoyment of the Sovereignty (Landeshoheii) and per- sonal] rights and prerogatives that he was entitled to before the Constitution of the German Empire was dissolved.

Cession by Count Bentinck to Duke of Oldenburg of Supremacy over Kniphausen ; with reservation of certain Rights .

Art. II. In order that the Seignory of Kniphausen may again become an integral part of Germany, to which it had previously belonged, and that the maintenance of its external and interior security, for which the Germanic Confederation exists, be also extended to the said Seignory, Count Bentinck is willing that the Sovereignty over Kniphausen, himself and his family as pos- sessors of the Seignory, so far as it formerly existed under the Emperor and the Empire, shall be exercised by H.S.H. the Duke of Oldenburg aud his successors in the Government of this Duchy, provided, however, that His Highness binds himself and his successors to perform the duties which were connected with the Imperial Sovereignty. By this subordination the relations of the Seignory of Kniphausen, as a separate country, as well with regard to the Duchy of Oldenburg, as the other States of His Ducal Highness, remain unchanged.

723

8 June, 1825.] OLDENBURG, 4c. [No. 123

[Kniphausen.]

Federal Acts, <j-c, of German Confederation binding on Knip- hausen.

Art. III. As by virtue of this relation of Sovereignty, and the subordination founded thereon as a member of the Germanic Confederation, the Seignory of Kniphausen forms part of the Countries of which the German Confederation is composed, Count Bentinck acknowledges for himself and his family that not only the Federal Act (No. 26) and the Final Act (No. 27), but that all Federal Decrees which have already been, or may here- after be delivered shall, also with respect to Kniphausen, have full and the same force and effect as in the other Countries of the Confederation. It is moreover self understood that under the title of the ancient legislation of the Empire, H.S.H. acquires no specific rights over Kniphausen, inasmuch as the exercise of this legislation was limited to the issue of new Ordinances and new Laws in the Empire; Laws which therefore should be binding generally upon all the subjects of the Empire, but that any ar- rangements which can now be compared to such Ordinances and Laws in general, can only be discussed and determined at the German Diet.

Kniphausen to contribute in Money and Men towards the German

Confederation.

Art. IV. The Seignory of Kniphausen shall contribute to all the charges imposed by the " matricula " of the Confederation such as contributions in Money, and contingent of Men for the Federal Army, in the same proportion as those charges are divided between the Germanic Confederate Countries.

H.S.H. the Duke of Oldenburg will take care that all the facilities shall be enjoyed by Kniphausen which have been granted or may hereafter be granted to any of the minor States of the Confederation forming the 16th curia.* The Count will have the right of raising Troops ; and he will also have to execute the Ordinances relating thereto which exist in Oldenburg, or to issue other Ordinances more applicable to the relations of the Seignory. But the fitness of the Contingent for service shall be determined by the Oldenburg Ordinances, and that Contingent shall be incor- porated with that of Oldenburg, and form part thereof ; it shall

* Hohenzollem, Homburg, Beuss, Lippe, Waldeck, Lichtenstein.

724

No. 123] OLDENBURG, &c. [8 June, 1825,

[Kniphausen.]

take the same oath, and be subject to the Martial Law and Military Code of Oldenburg.

All the Pecuniary Contributions for the Confederation will be paid annually into the Oldenburg chest. The Seignory is free from all quartering of Oldenburg Troops.

Special Flag for Kniphausen.

Art. V. The Count resumes his rights to a special Flag for the Seignory of Kniphausen, as it existed before the Germanic Empire was dissolved, but without prejudice to the stipulations of Articles II and III.

Art. VI. Judicial Powers.

Court of Arbitration to settle Differences and Disputes.

Art. VII. All differences and disputes, relative to the Seignory of Kniphausen, which may arise between II.S.H. or his successor in the Government of the Duchy of Oldenburg on the one part, and the Count and his family on the other, which may have for their object the interpretation of the present Convention, as well as the extent and nature of the Sovereignty conferred upon His Highness, and the Rights conferred on the Count (Article I) in their reciprocal relations, considered in themselves or their principle, independently of the fulfilment, by the Count, of the obligations to which the official functions of the fiscal apply (Article VI, letter/), will be brought before an Authority chosen as Arbitrator. It shall be so constituted that the suit will be brought before the Supreme Court of Appeal in Oldenburg, according to their usual forms, and with the same number of appeals as are allowed in other Judicial cases, and also be sub- mitted to it for judgment, unless the Count should prefer, in this case also, to demand that the pleadings be submitted to the judgment of a Law Faculty, in which case the stipulation (Article VI, letter g) will be observed in its full extent.

In order to insure the full impartiality of the Oldenburg Court of Appeal in their co-operation in disputes of this kind, the members of it are, for such cases, released by the Duke from their oath of allegiance to bis Ducal Highness, and only bound by the oath they have taken as judges.

Art. VIII. Freedom of Trade.

725

8 June, 1825.] OLDENBURG, 4c. [No. 123

[Kniphausen.]

Guarantee of Convention by Germanic Confederation*

Art. IX. The Germanic Confederation shall be requested to undertake the Guarantee of this Convention so that they will watch over the exact and complete fulfilment of the stipulations contained in it, and especially see that the disputes which may arise between H.S.H. the Duke of Oldenburg and Count Bentinck shall be decided in the manner agreed upon by the present Con- vention, and that the Judgments shall be punctually executed. To this end recourse to the Federal Assembly shall, in all cases which may occur, be open to the possessor of the Seignory. As soon as the Guarantee of the Confederation is obtained, this Convention will take effect. Therewith all special Rights of the Possessor of the Seignory with respect to Foreign Relations, which he may have had before the dissolution of the Empire, will cease, inasmuch as the interests as well of the Count as of his subjects, with respect to other States, will be transferred to the Protec- tion of the Confederation, with the Sovereign to whom the Sove- reignty over Kniphausen has been ceded, formerly belonging to the Emperor and Empire.

Rights Reserved by Count Bentinck.

Art. X. Other rights and advantages of Count Bentinck and his family which bear no relation to the Seignory of Knip- hausen are not included in this Convention. It is therefore self- evident that they can neither be thereby prejudiced nor acquire any accession.

In witness whereof the above Convention has been signed by the respective Agents, who have affixed thereto the Seal of their Arms.

Berlin, 8th June, 1825.

(L.S.) WILLIAM ERNST DE BEAULIEU MARCONNAY. (L.S.) HANS WILLIAM BARNSTEDT.

[Ratified by the Duke of Oldenburg, at Wiesbaden, 20th June, 1825.]

* See Engagement of Germanic Confederation, of 9th March, 1826.

726

No. 124] BAVARIA AND FRANCE. [5 July, 1825.

[Boundaries.]

NO. 124.-5(9 UNDA R Y CONVENTION between Bavaria and France. Signed at Pans, 5th July, 1825.*

Akt. Table.

Preamble.

1. Boundary from point of departure on the Bliese to the Commune of Ober-

steinbach to remain as fixed, with the exception of the part formed by the River Schwalb.

2. Description of the Boundary Line from the Commune of Obersteinbach

to the Rhine Cessions by Bavaria to France. No claims to be made on account of Territories exchanged.

Duties of Boundary Commissioners.

(Translation.!)

His Majesty the King of France and Navarre, and His Majesty the King of Bavaria, wishing to terminate in a friendly manner the differences which have arisen relative to the Frontiers between France and the Bavarian Province, known under the name of Circle of the Rhine, or Rhenish Bavaria, have appointed for that purpose, as their Plenipotentiaries, namely :

His Majesty the King of France and Navarre, the Sieur Baron de Damas, his Secretary of State for the Department of Foreign Affairs, &c. ;

And His Majesty the King of Bavaria, the Sieur Count de Bray, his Envoy Extraordinary and Minister Plenipotentiary to His Most Christian Majesty ;

Who, after having communicated to each other their respec- tive Full Powers, have agreed upon the following : —

Boundary from point of departure on the Bliese to the Commune of Obersteinbach to remain as fixed, with the exception of the part formed by the River Schwalb.

Art. I. The Limit from its point of departure on the Bliese to the point in common with the Prussian Frontier, as far as the Commune of Obersteinbach, shall remain as at present fixed, with the exception only of the part where that Limit was formed by the River Schwalb ; in that part it shall be henceforth deter- mined by the new course given to that River for its rectifica- tion.

* See also Treaties of 30th January, 1827, and 5th April, 1840.

t For French version, see " State Papers," vol. xvii, p. 1270.

727

5 July, 1825.] BAVARIA AND FRANCE. [No. 124

[Boundaries.]

Description of the Boundary Line from the. Commune of Oberstein-

bach to the Rhine. Art. II. The Limit from the Territory of the Commune of Obersteinbach, a3 far as the Rhine, shall be fixed according to the arrangements specified hereafter.

Cessions by Bavaria to France.

§ 1. Bavaria cedes to France in all Property and Sovereignty,

1. The part of the Commune of Obersteinbach which is marked on the annexed plan No. 3 by the line in orange and the letters AAA, so that the Village of Obersteinbach, as well as all that portion containing the road leading from Bitche to Weissenburg, shall form part of the Kingdom of France ; and the whole of the Commune of Niedersteinbach, including therein the country or Domain known under the name of Wenselsbach, with the Hamlet of that name,

Besides, Bavaria abandons and cedes to France the Territory called Fionsberg, including the Castle and the Forest of that name. The Forests only situated in the Commune of Nieder- steinbach and the part of the Commune of Obersteinbach ceded by Bavaria to France in all property shall remain subject, who- ever may be their new owners, to the lien imposed upon them, in accordance with the stipulations of the Contract entered into with the farmers of the Bavarian forges of the Schonau, to furnish their contingent of wood to the forges at the price agreed upon in the said Contract and the whole of the time that it lasts. Special mention of that Clause shall be made in the Proces- verbaux of demarcation, and at the same time the amount which each shall supply according to its extent and quality, shall be specified.

§ 2. France renounces all pretensions over the Forests of Dorenberg, Alsberg, and Siebentheil for those parts actually in the possession of Bavaria, which shall remain in all property and Sovereignty to that Kingdom.

§ 3. The Limit round Weissemburg on the right Bank of the Lauter shall be in accordance with the drawing in plan No. 1. The blue border on that plan indicating, within the radius of 1,000 toises, the ancient Limit of Weissemburg and Altstadt, without, however, going beyond the said radius of 1,000 toises, and the punctuated line in black, marking, on one side, what Territory is acquired by France beyond that radius with the

728

No. 124] BAVARIA AND FRANCE. [5 July, 1825.

[Boundaries.]

Village of Weiller, and on the other side, what is reserved of that Territory to Bavaria round the Village of Sweigen, which she retains. The fountain at the end of the road, in the latter Terri- tory, shall also belong to Bavaria. Besides, on the definitive settlement of the Limit, part of the Communal Wood of Weissem- burg shall be left to Bavaria as Communal property of Sweigen, which shall be calculated in proportion to the rights which the population of Sweigen has over the above-mentioned Communal Wood. That clause shall, however, only be carried into effect should the Inhabitants prefer it, and if they did not rather wish to remain co-proprietors of the entire Communal Wood.

That Limit includes to the West of Weissemburg the whole of the Village of Weiller, including Sangerberghas and the Chapel of the Virgin, in the parish of Weiller ; it shall then follow the ancient Suburban Limit or Communal Limits of Weissemburg and Altstadt, with the exception however of the Village of Sweigen, which re- mains to Bavaria, and whose dependencies in the Territory of Weissemburg are shown by the line already described.

§ 4. The dependencies of the Mills of Saint-Remi and Sieben- hart shall be ceded by Bavaria to France. On the other hand the dependencies of the Bienwald Mill shall be ceded by France to Bavaria, so that the Frontier shall be formed on those 8 points by the middle of the Channel flowing from the wTaters of those Mills, instead of through the Middle of the Lauter, as prescribed by the Treaty of the 20th November, 1815 (No. 40).

§ 5. Bavaria Avishing to give to France a new proof of her sincere desire to do all that can be agreeable to His Most Christian Majesty, cedes, in front of Lauterburg, on the left Bank of the Lauter, land to the extent of 25 hectares. The limit of this Cession shall be in conformity with the annexed Plan Xo. 2, as marked on that plan by a punctuated red line, so that the brick-kiln and the house of the brickmaker, which are actual dependencies of the Commune of Berg, shall be outside of that Cession.

§ 6. France renounces all her rights and pretentions over Neuborg and the Territory of Neuborg and Berg between the Lauter and the old Lauter, the actual course of which at pre- sent determines the state of possession. The Customs of Neuborg are included in that renunciation ; but in order to give to France compensation for the Duties which she claimed to a share of the .said Customs, Bavaria will abolish the Office established at Ger-

729 3 B

5 July, 1825.]

BAVARIA AND FRANCE.

[Boundaries.]

[No. 124

mersheim, and will support by all her influence with the Rhine Customs Commission the establishment of a new Office on French Territory, between Strasburg and the Frontier, should France consider it to her advantage to establish one.

§ 7. On all other points in this second part, the Frontier shall remain fixed as described by the Treaty of the 20th November, 1815 (No. 40).

Art. III. No Claims to be made on account of Territories exchanged.

Akts. IV to VI. Duties of Boundary Commissioners. Akt. VII. Ratifications. Done at Paris, 5th July, 1825.

LE BARON DE DAMAS. LE COMTE DE BRAY.

730

No. 125] G uEAT BEITAIN. [30 Sept., 1825.

[.Neutrality. Turkey and Greece.]

No. 125.— BRITISH PROCLAMATION, prohibiting British Subjects from taking part in the Contest between The Ottoman Porte and the Greeks, or between other Belli- gerents. 30th September, 1825.

GEORGE E.

Whereas, His Majesty being- at Peace with all the Powers and States of Europe and America, has repeatedly declared His Royal determination to maintain a strict and impartial Neutrality in the different Contests in which certain of those Powers and States are engaged :

And whereas the commission of acts of hostility by individual Subjects of His Majesty against any Power or State, or against the Persons and Properties of the Subjects of any Power or State, which being at Peace with His Majesty is at the same time en- gaged in a Contest, with respect to which His Majesty has declared his determination to be neutral, is calculated to bring into question the sincerity of His Majesty's declarations :

And whereas if His Majesty's Subjects cannot be effectually restrained from such unwarranted commission of acts of hostility, it may be justly apprehended that the Governments aggrieved thereby might be unable on their part, to restrain their Subjects from committing acts of violence upon the Persons and Property of unoffending Subjects of His Majesty :

And whereas The Ottoman Porte, a Power at Peace with His Majesty, is and has been for some years past engaged in a Contest with the Greeks, in which Contest His Majesty has observed a strict and impartial Neutrality :

And whereas great numbers of His Majesty's loyal Subjects reside and carry on a beneficial commerce, and possess establish- ments, and enjoy privileges within The Dominions of The Ottoman Porte, protected by the faith of Treaties between His Majesty and that Power :

And whereas His Majesty has received recent and undoubted information, that attempts are now making to induce certain of His Majesty's Subjects to fit out Ships of War and Privateers in the Ports of His Majesty's Kingdom, and to embark therein, for the purpose of carrying on, under the Greek Flag, hostile operations

<ol o B L

30 Sept., 1825.] GREAT BRITAIN. [No. 125

[Neutrality. Turkey and Greece.]

against The Ottoman Government, of capturing- and destroying- Turkish Ships and Property, and of committing depredations on the Coasts of the Turkish Dominions :

And whereas, such hostile operations would be directly contrary to the provisions of the Act, passed in the 59th year of the Reign of His late Majesty [cap. 69],* intituled "An Act to prevent the enlisting or engagement of His Majesty's Subjects to serve in Foreign Service, and the fitting out or equipping, in His Majesty's Dominions, Vessels for Warlike purposes, without His Majesty's licence," in which it is, amongst other things, enacted, " that if any natural born Subject of His Majesty, His Heirs and Successors, without the leave or lieence of His Majesty, His Heirs or Successors, for that purpose first had and obtained under the sign manual of His Majesty, His Heirs or Successors, or signified by Order in Council, or by Proclamation of His Majesty, His Heirs or Successors, shall take or accept, or shall agree to take or accept, any military commission, or shall otherwise enter into the military service as a commissioned or non-commissioned Officer, or shall enlist or enter himself to enlist, or shall agree to enlist or to enter himself to serve as a Soldier, or to be employed, or shall serve in any warlike or military operation in the service of, or for, or under, or in aid of any Foreign Prince, State, Potentate, Colony, Province, or part of any Province or People, or of any Person or Persons exercising, or assuming to exercise, the Powers of Govern- ment, in or over any Foreign Country, Colony, Province, or part of any Province or People, either as an Officer or Soldier, or in any other military capacity ; or if any natural born Subject of His Majesty shall, without such leave or licence as aforesaid, accept, or agree to take or accept, any commission, warrant, or appointment as an Officer, or shall enlist or enter himself, or shall agree to enlist or enter himself to serve as a Sailor or Marine, or to be employed or engaged, or shall serve in and on board any Ship or Vessel of War, or in and on board any Ship or Vessel used, or fitted out. or equipped, or intended to be used for any warlike purpose in the service of, or for, or under, or in aid of any Foreign Power, Prince, State, Potentate, Colony, Province, or part of any Province or People, or of any Person or Persons exercising, or assuming to exercise the Powers of Government in or over any Foreign Country, Colony, Province, or part of any Province or People ; or if any natural born Subject of His Majesty shall, * Repealed by Act 33 and 34 Vict., cap. 90. 9th August, 1870.

732

Ko. 125] GREAT BRITAIN. r3Q Sept., 1825.

[Neutrality. Turkey and Greece.]

without such leave and licence as aforesaid, engage, contract, or agree to go, or shall go to any Foreign State, Country, Colony, Province, or part of any Province, or to any Place beyond the Seas, with an intent, or in order to enlist or enter himself to serve, or with intent to serve, in any warlike or military operation whatever, whether by Land or by Sea, in the service of, or for, or under, or in aid of, any Foreign Prince, State, Potentate, Colony, Province, or part of any Province or People, or in the service of, or for, or under, or in aid of, any Person or Persons exercising, or assuming to exercise, the powers of Government in or over any Foreign Country, Colony, Province, or part of any Province or People, either as an Officer or a Soldier, or hi any other military capacity, or as an Officer, or Sailor, or Marine, in any such Ship or Vessel as aforesaid, although no enlisting money, or pay, or reward shall have been, or shall be, in any or either of the Cases aforesaid, actually paid to, or received by him, or by any Person to or for his use or benefit ; or if any Person what- ever within the United Kingdom of Great Britain and Ireland, or in any part of His Majesty's Dominions elsewhere, or in any Country, Colony, Settlement, Island, or Place belonging to or subject to His Majesty, shall hire, retain, engage, or procure, or shall attempt, or endeavour to hire, retain, engage, or procure any Person or Persons whatever to enlist, or to enter, or engage- to enlist, or to serve, or to be employed in any such service or employment as aforesaid, as an Officer, Soldier, Sailor, or Marine, either in Land or Sea Service, for, or under, or in aid of, any Foreign Prince, State, Potentate, Colony, Province, or part of any Province or People, or for, or under, or in aid of any Person or Persons exercising or assuming to exercise, any powers of Government as aforesaid, or to go, or to agree to go, or embark from any part of His Majesty's Dominions for the purpose or with the intent to be so enlisted, entered, engaged, or emplo3red as aforesaid, whether any enlisting money, pay or reward shall have been, or shall be, actually given or received, or not, in any or either of such cases every Person so offending shall be deemed guilty of a misdemeanor, and upon being convicted thereof, upon any information or indictment, shall be punishable by fine and imprisonment, or either of them, at the discretion of the Court before which such offender shall be convicted : "

And it is further enacted, " that if any Person within any part of the United Kingdom, or in any part of His Majesty's

733

30 Sept., 1825.] GREAT BRITAIN. [No. 125

[Neutrality. Turkey and Greece].

Dominions beyond the Seas, shall, without the leave and licence of His Majesty for that purpose first had and obtained, as afore- said, equip, furnish, fit out, or arm, or attempt or endeavour to equip, furnish, fit out, or arm, or procure to be equipped, furnished, fitted out, or armed, or shall knowingly aid, assist, or be con- cerned in the equipping-, furnishing-, fitting out, or arming of any Ship or Vessel, with intent or in order that such Ship or Vessel shall be employed in the Service of any Foreign Prince, State, or Potentate, or of any Foreign Colony, Province, or part of any Province or People, or of any Person or Persons exercising, or assuming to exercise, any Powers of Government in or over any Foreign State, Colony, Province, or part of any Province or People, as a transport or store Ship, or with intent to cruise or commit hostilities against any Prince, State, or Potentate, or against the Subjects or Citizens of any Prince, State, or Potentate, or against the Persons exercising, or assuming to exercise, the Powers of Government in any Colony, Province, or part of any Province or Country, or against the Inhabitants of any Foreign Colony, Province, or part of any Province or Country, with whom His Majesty shall not then be at War, or shall, within the United Kingdom, or any of His Majesty's Dominions, or in any Settlement, Colony, Territory, Island, or Place, belonging or subject to His Majesty, issue or deliver any Commission for any Ship or Vessel to the intent that such Ship or Vessel shall be employed as aforesaid, every such Person so offending shall be deemed guilty of a mis- demeanor, and shall, upon conviction thereof, upon any informa- tion or indictment, be punished by fine and imprisonment, or either of them, at the discretion of the Court in which such Offender shall be convicted ; and every such Ship or Vessel, with the tackle, apparel, and furniture, together with all the materials, arms, ammu- nition and stores which may belong to, or be on board of, any such Ship or Vessel shall be forfeited ; and it shall be lawful for any Officer of His Majesty's Customs or Excise, or any Officer of His Majesty's Navy, who is by law empowered to make seizures for any forfeiture incurred under any of the laws of Customs or Excise, or the laws of Trade and Navigation, to seize such Ships and Vessels aforesaid, and in such Places, and in such manner in which the Officers of His Majesty's Customs or Excise, and the Officers of His Majesty's Navy, are empowered respectively to make seizures under the laws of Customs and Excise, or under the laws of Trade and Navigation, and that every such Ship and

734

No. 125] GEEAT BEITAIX. [30 Sept., 1825.

[Neutrality. Turiiey and Greece.]

Vessel", with the tackle, apparel, and furniture, together with all the materials, arms, ammunition, and stores which may belong to or be on board of such Ship or Vessel, may be prosecuted and condemned in the like manner, and in such Courts as Ships or Vessels may be prosecuted and condemned, for any breach of the laws made for the protection of the Revenues of Customs and Excise, or of the laws of Trade and Navigation :"

His Majesty, therefore, being desirous of preserving to His Subjects the blessings of Peace which they now happily enj< >y, and being resolved to persevere in that system of neutrality which His Majesty has so repeatedly declared his determination to maintain; in order that none of His Majesty's Subjects may unwarily render themselves liable to the penalties imposed by the Statute herein mentioned, has thought fit, by and with the advice of His Privy Council, to issue this His Royal Proclamation :

And His Majesty does hereby strictly command that no Person or Persons whatsoever do presume to take part in any of the said Contests, or to commit or attempt any act, matter, or thing what- soever, contrary to the provisions of the said Statute, upon pain of the several Penalties by the said Statute imposed, and of His Majesty's high displeasure :

And His Majesty, by and with the advice aforesaid, doth hereby enjoin all His Majesty's Subjects strictly to observe, as well towards The Ottoman Porte and the Greeks, as towards all other Belligerents with whom His Majesty is at Peace, the duties of Neutrality ; and to respect in all, and each of them, the exer- cise of those Belligerent Rights which His Majesty has always claimed to exercise, when His Majesty has Himself been unhappily engaged in War.

Given at Our Court at Windsor, the 30th day of September, 1S25, and in the 6th of Our Reign.

God save the King.

735

9 Dec, 1825.] BAYARIA AND FRANCE. [No. 126

[Boundaries.]

NO. 126.— BOUNDARY CONVENTION between Bavaria and France. Signed at Weissenbnrg, dth December, 1825.

Art. Table.

Preamble. Reference to Treaties of 30th May, 1814, 20th November, 1815, and 5th July, 1825.

1. The River Schwalb to form the Limit between France and Rhenish

Havana.

2. Tracing of Limit of Cession made to France by Bavaria of part of thc-

Commune of Obersteiribach, and the Commune of Nzedersteinbach,. including the Wen gels bach Domain.

3. Tracing of Limits of the Forests of Dorenherg, Alsberg and SiebentlieHe.

4. Tracing of Limit round Weissenburg and Altstadt, on the eft bank of the

La uter.

51

to > Detailed Demarcation of Frontiers.

20. J

21. Ratifications.

(Translation.)

Reference to Treaties of oQth May, 1814, 20th November, 1815,

and 5th July, 1825.

The Commissioners appointed by virtue of § 6 of Article I of the Treaty of Paris of the 20th November, 1815 (No. 40), namely ; on the part of His Majesty the King- of France and Navarre, the Sieur Jean Etienne Casimir Poitevin, Viscount cle Maureillan, Lieutenant-General of the Armies of the King, Inspector-General of Fortifications, &c. ;

And, on the part of His Majesty the King of Bavaria, the Sieur Joseph Stichanes, Councillor of State of his said Majesty, Commissary-General and President of the Regency of the Circle of the Rhine established at Spire, &C. ; after having respectively and in due form communicated to each other their Full Powers, and after having made themselves acquainted with the arrange- ments contained in the Separate Convention concluded at Paris on the 5th July, 1825 (No. 124), the object of which was to decide upon the different points which the Treaties of the 30th May, 1814 (No. 1) and 20th November, 1815 (No. 40), left unde- cided, have agreed upon the following Articles : —

Art. I. The River Schwalb to form the Limit between France and Rhenish Bavaria,

Aut. II. Tracing of Limit of Cessions made to France by

736

No. 126] BAY ARIA AND FRANCE. [9 Dec, 1825,

[Boundaries.]

Bavaria of part of the Commune of Ober-Steinbach, and the Com- mune of Nieder-Steinbach, including the Wengelsbach Domain.

Art. III. Tracing of Limits of the Forests of-Doreuberg, Als- berg, and Siebentheil.

Art. IV. Tracing of Limit round Weissenburg and Altstadt, on the Left Bank of the Lauter.

Arts. V to XX. Detailed Demarcation of Frontiers.

Ratifications.

Art. XXI. The present Convention shall be ratified, and the Ratifications thereof shall be exchanged within 6 weeks, or sooner if possible.

In witness whereof the above-mentioned Commissioners have signed it. and have affixed thereto the Seal of their Arms.

Done at Weissenburg, 9th December, 1825.

(L.S.) VICOMTE DE MAUEEILLAN. DE STICHANES.

737

21 Dec, 1825.] PRUSSIA, HANOVER, &c [No. 127

[Navigation of the "Weser,]

No. 127.— SUPPLEMENTARY CONVENTION between Prussia, Hanover, Hesse-Cassel, Brunswick, Oldenburg,

IJj , id Bremen, relative to the Navigation of the

Weser. Signed at Bremen, 21st December, 1825.

Art § Table.

Preamble. Reference to Convention of 10th September, 1823. I to 2. Owners of Ferries sball work their own Machinery. II to 12. Rectification of the Proportion of Weights and Measures.

III to 15. Redaction of the Duty.

IV to 1G. Rectification of Tolls to be received at the Customs Offices. V to 17. Modification of the Abatements.

VI to 20. Eectification of the Normal Weight Table. VII to 21. Position of certain Customs Offices. VIII to 50. Where no alterations are made hereby, the former Convention remains in full force. IX to 51. The provisions of this Convention shall come into force on the 1st

of May, 1826. X to 54. The next Revision Commission shall meet at Miinden (Hanover) on the 1st May, 1829. A>"xex A. Proportion of Weights and Measures. „ B. List of Toll Offices, &c. „ C. Normal Weight Table.

Preamble. Reference to Convention of 10th September, 1823.

In accordance with Article LIV of the Weser Navigation Convention of 10th September, 1823 (No. 118), the first Revision Commission met at Bremen, on the 21st December, 1825, and the Commissioners appointed by the several States agreed to the following Supplementary Provisions : —

Arts. I to LIV, and Annexes A to C. (See Table.)

738

No. 128] GERMANIC CONFEDERATION. [9 March, 1823.

[Kniphausen.]

NO. 128.— ENGAGEMENT of the Germanic Confedera- tion to Guarantee the execution of the Treaty of Sth June, 1825, respecting Kniphausen. — $th March, 182(5.

(Translation.)

The Reporter of the Federal Committee reports, upon a peti- tion of Major-General Count Bentinck for securing1 his Rights as first Agnate, and in a qualified opinion proposes that in the Decree, whereby the Confederation declares its guarantee of the Treaty, it be specifically expressed that it occur salvo jure cujusvis tertii.

Presidium : informs the Federal Assembly that he will never- theless this day submit the draft of a Decree for undertaking the Guarantee, but that the Oldenburg Minister desires previously to make a declaration.

Oldenburg : referring to a former vote of the Saxon Minister, Oldenburg has ever been alive to the difficulties which might arise from the agreement with respect to Kniphausen. But is convinced that, if the Guarantee be agreed to, these will only concern Oldenburg, but never the Confederation. In considera- tion of that which has been observed by the Assembly in similar cases, he sees no reason for entering more fully upon the contents of this Agreement, but may confine himself to the declaration, that as the merely intermediate connection of Kniphausen with the Confederation is clearly expressed, His Serene Highness will represent the Seignory of Kniphausen in all its relations to the Confederation, and also effect the observance of all general Federal Decrees, and pledges himself to the fulfilment of all obli- gations, taken on the part of the Seignory of Kniphausen, with respect to pecuniary contributions. There may therefore be no reason for adding reservations and declarations to the Guarantee, which may weaken the force of the Guarantee, and create diffi- culties to its application.

As by this Declaration all the wishes expressed in several votes, in the interest of the Federal Constitution, are fairly met, Presidium believes that this, object is ripe for a resolution.

Decree. 1. The German Confederation undertakes the Guarantee of

739

9 March, 1826.] OEJEtMANIC CONFEDEKATIOX.

[Kniphausen.]

[No. 128

the Convention between His Serene Highness the Duke of Olden- burg- and Count Bentinck, with respect to the political relations of the Seignory of Kniphausen, concluded at Berlin, on the 8th June, 1825 (No. 123), under the Mediation of the Courts of St. Petersburg!!, Vienna, and Berlin, and afterwards ratified, with the stipulation specified in Article IX in this particular instance entirely personal.

The Confederation undertakes this Guarantee all the more readily, as thereby the immediate and individual relations of His Serene Highness the Duke of Oldenburg to the Confederation will suffer no change, nor prejudice the well-founded Bights of third parties.

2. This Decree shall be communicated to Major-General Count Bentinclc, in answer to his request, for security of his Rights as Agnate, to the Seignory of Kniphausen'.

740

No. 129] GREAT BRITAIN AND RUSSIA. [4 April, 1826.

[Pacification of Greece.]

No. 129.— PROTOCOL of Conference between the British and Russian Plenipotentiaries, relative to the Mediation of Great Britain between the Ottoman Porte and the Greeks. Signed at St. Petersburgh, 2J':d MafCh« 1826.

J v 4th April,

[This Protocol was referred to in the Russian Declaration of War against Turkey, of 26th April, 1828.]

Art. Table.

Preamble.

1. Proposal to be made to the Porte. Greece to be a Dependency of

Turkey, and to pay Tribute. Choice of Greek Authorities. Liberty of Conscience and Freedom of Commerce. Property of Turks to be pur- chased by Greeks.

2. Russia to exert her Influence in favour of Mediation.

3. Basis of Mediation to be maintained in case of Refusal of Turkey.

4. Great Britain and Russia to settle Details of Arrangement.

5. Advantages conferred on Great Britain and Russia to be enjoyed by all

other Nations.

6. Proposed Guarantee of Treaty to be concluded.

(Translation.*)

His Britannic Majesty having been requested by the Greeks to interpose his good offices, in order to obtain their reconcilia- tion with the Ottoman Porte, — having, in consequence, offered his mediation to that Power, and being desirous of concerting the measures of his Government, upon this subject, with His Majesty the Emperor of all the Russias; and His Imperial Majesty, on the other hand, being equally animated by the desire of putting an end to the contest of which Greece and the Ar- chipelago are the theatre, by an Arrangement, which shall be consistent with the principles of religion, justice, and humanity ;

The Undersigned have agreed :

Proposal to be made to the Porte.

L That the Arrangement to be proposed to the Porte, if that Government should accept the proffered Mediation, should have- for its object, to place the Greeks towards the Ottoman Porte, in the relation hereafter mentioned :

* For French Version, see " State Papers," vol. xiv, p. G29.

741

4 April, 1326.] GREAT BRITAIN AND RUSSIA. [No. 129

[Pacification of Greece.]

Greece to be a Dependency of Turkey, and to pay Tribute. Choice of

Greek Authorities.

Greece should be a Dependency of that Empire, and the Greeks should pay to the Porte an annual Tribute, the amount of which should be permanently fixed by common consent. They should be exclusively governed by authorities to be chosen and named by themselves, but in the nomination of which authorities the Porte should have a certain influence.

Liberty of Conscience and Freedom of Commerce.

In this state, the Greeks should enjoy a complete liberty of Conscience, entire freedom of Commerce, and should, exclusive!}', conduct their own internal Government,

Property of Turks to be purchased by Greeks.

In order to effect a complete separation between individuals of the two nations, and to prevent the collisions which must be the necessary consequences of a contest of such duration, the Greeks should purchase the Property of Turks, whether situated on the Continent of Greece, or in the islands.

Russia to exert her Influence in favour of Mediation.

II. In case the principle of a Mediation between Turks and Greeks should have been admitted, in consequence of the steps taken, with that view, by His Britannic Majesty's Ambassador at Constantinople, His Imperial Majesty would exert, in every case, His influence to forward the object of that Mediation. The mode in which, and the time at which, His Imperial Majesty should take part in the ulterior negotiations with the Ottoman Porte, which may be the consequence of that Mediation, should be determined hereafter by the common consent of the Govern- ments of His Britannic Majesty and His Imperial Majesty.

Basis of Mediation to be maintained in case of refusal of Turk')/.

III. If the Mediation offered by His Britannic Majesty should not have been accepted by the Porte, and whatever may be the nature of the relations between His Imperial Majesty and the Turkish Government, His Britannic Majesty and His Imperial Majesty will still consider the terms of the Arrangement specified in Article I of this Protocol, as the basis of any reconciliation to be effected by their intervention, whether in concert or separately,

7-12

No. 129] GREAT BRITAIN AND RUSSIA. [4 April, 1826.

[Pacification of Greece.]

between the Porte and the Greeks ; and they will avail them- selves of every favourable opportunity to exert their influence with both parties, in order to effect this reconciliation on the above-mentioned basis.

Great Britain and Russia to settle Details of Arrangement.

IV. That His Britannic Majesty and His Imperial Majesty should reserve to themselves to adopt, hereafter, the measures necessary for the settlement of the details of the Arrangement in question, as well as the limits of the Territory, and the names of the Islands of the Archipelago to which it shall be ap- plicable, and which it shall be proposed to the Porte to com- prise under the denomination of Greece.

Advantages conferred on Great Britain and Russia to be enjoyed by

all other Nations.

V. That, moreover, His Britannic Majesty and His Imperial Majesty will not seek, in this Arrangement, any increase of Territory, nor any exclusive influence, nor advantage in com- merce for their subjects, which shall not be equally attainable by all other nations.

Proposed Guarantee of Treaty to be concluded.

VI. That His Britannic Majesty and His Imperial Majesty, being desirous that their Allies should become parties to the definitive Arrangements of which this Protocol contains the outline, will communicate this Instrument, confidentially, to the Courts of Vienna, Paris, and Berlin, and will propose to them that they should, in concert with the Emperor of Kussia, guarantee the Treaty by which the reconciliation of Turks and Greeks shall be effected, as His Britannic Majesty cannot guarantee such a Treaty.

Done at St. Petersburgh, the lhA*™! ' 182G.

4th April,

(L.S.) WELLINGTON. (L.S.) NESSELEODE. (L.S.) LI EVEN.

743

14 May, 1826.] EUSSIA AND SWEDEN. [No. 130

[Lapland Boundary.]

No. 130.— CONVENTION of Limits between Russia and Sweden. Signed at St. Petersburgh, lUh May, 182(3.

Art. Table.

Preamble. Lapland Districts.

1. Line of Frontier.

2. River Frontiers.

3. Renunciations by the King of Sweden and Norway.

4. Appointment of Boundary Commissioners.

5. Right of Norwegian or Russian Families to remain in ceded Territories.

6. Freedom of Worship.

7. Right of Fishery in ceded Territories.

S. Rights of Pasturage in ceded Territories.

9. Freedom of Navigation, Floatage of Timber, and Fishery in the Rivers Jacobs-Elf, and Paswig.

10. Inhabitants of Territories exchanged to be informed of Stipulations of

Convention.

11. Topographical Charts to form part of Convention.

12. Ratifications.

(Translation.*)

Preamble. Lapland Districts. In the Name of the Most Holy and Indivisible Trinity. His Majesty the King- of Sweden and Norway, and His Majesty the Emperor of All the Russias, equally animated by the desire that a good understanding shall exist in all the relatione between their respective subjects, in conformity with the rela- tions of friendship and good neighbourhood which unite their august Courts ; wishing to prevent the collisions to which the absence of a precise demarcation between Norway and Russia may have given rise in the Lapland Districts, known under the denomination of Ftdleds Bistricler (Districts in common), have resolved to regulate, by a demarcation, founded on principles of reciprocal necessity, the Limits which shall hereafter separate their respective Possessions in the Districts above mentioned, as well as the Frontier relations of the Lapland Communes which they inhabit. With that object, after having sent Commissioners on the spot, who have examined into the actual state of affairs, and have drawn up a Topographical Map of the Districts, called Fd'lkds Districter, their said Majesties have appointed as their Plenipotentiaries, namely: His Majesty the King of Sweden and Norway, the Sieur Nicolas Frederick Baron de * For French Version, see " State Papers," vol. xiii, p. 103i.

744

s

No. 130J RUSSIA AND SWEDEN. [14 May, 1826.

[Lapland Boundary.]

Palmstierna, his Envoy Extraordinary and Minister Plenipo- tentiary to His Majesty the Emperor of All the Russias, &c. ; and His Majesty the Emperor of All the Russias, the Sieur Charles Robert Comte de Nesselrode, his Secretary of State for Foreign Affairs, &c. ; who, after having exchanged their Full Powers, found to be in good and due form, have agreed upon the following

Articles : —

Line of Frontier.

Art. I. The Treaty concluded between Sweden and Denmark iu 1751,* having determined the line of Frontier which was to separate Sweden and Norway, that line is expressly maintained, inasmuch as it now serves as the Limit between the Kingdom of Norway and the Grand Duchy of Finland, that is to say, from the place where the new Frontier is drawn in the Act of the 28o November, 1810, to the point called Kolmisoive-Madakjetsa.

River Frontiers.

Art. II. Starting from that point as far as the River Paswig (or Pasrek), the Frontier which separates Norway from the Rus- sian Territory, shall remain the same as has existed until now between the Districts called Fcelleds Districter and Russia, so that from Kolmisoive-Madakjetsa it shall pass by the Mountains Rejsa-Gora and Rejsa-Oive as far as Gelsomio.

From thence it shall follow the course of the Paswig (or Pasrek) and the Lakes which it forms as far as the Church built on the left bank of the said River, under the invocation of the Saints Boris and Gleb, which Church shall belong to Russia with a radius of one verst round it.

At the distance of one verst on the North of that Church the Frontier shall cross the Paswig, shall proceed towards the South- East on the little Lake, where the Lax-Elf takes its source, and from thence towards the point where the Jacobs-Elf (Woriema) is formed by the confluence of 3 little Rivulets. The Line of Demarcation shall then follow the Jacobs- Elf, as far as its mouth in the frozen Sea near Jacobs- Wik.

Wherever the Rivers Paswig and Jacobs-Elf shall form the limit between Norway and Russia, the channel of those waters is to serve as the Line of Demarcation.

In the Lakes formed by the River Paswig the Line shall pass through the middle, following the greatest depths of the waters.

• gff September, mi Sec AppendiS( 2nd October, rl

745 3 c

14 May, 1826.] RUSSIA AND SWEDEN. [No. 130

[Lapland Boundary.]

All the Islets situated to the East of the Line in the said Rivers, as well as in the Lakes formed by the Paswig, shall belong- to Russia, and those to the West of the same Line shall belong- to Norway.

Renunciations by the King of Sweden and Norway.

Art. III. His Majesty the King of Sweden and Norwa}' renounces in all perpetuity, for himself and his Heirs, to all pre- tensions which may have formerly been made by the Crown of Norway on any Territories whatever, situated on the side of Russia beyond the Line of Demarcation, fixed by the present Act.

His Majesty also renounces to the right formerly exercised by Norway of levying a Tribute on Russian Laplanders settled in that part of the Faelleds Districter, which by the present division is definitively united to the Russian Empire.

Art. IV. Appointment of Boundary Commissioners.

Art. V. Right of Norwegian or Russian Families to remain in ceded Territories.

Art. VI. Freedom of Worship.

Art. VII. Rigid of Fishery in Ceded Territories.

Art. VIII. Ri glits of Pasturage in Ceded Territories.

Art. IX. Freedom of Navigation, Floatage of Timber, and Fishery in the Rivers Jacobs-Elf and Pastrig.

Art. X. Inhabitants of Territories exchanged to be informed of Stipulations of Convention.

Topographical Charts to form part of Convention.

Art. XL The Topographical Chart drawn up by the respective Commissioners sent to the spot in 1825, and on which the Frontier Line fixed by Article II is accurately traced, having formed the Basis of the Negotiations, is annexed to the present Convention to form part thereof, as it was signed by the said Commis- sioners.

Art. XII. Ratifications.

Signed at St. Petersburgh, gl May, 182G.

(L.S.) N. P. DE PALMSTIERNA.

(L.S.) NESSELRODE.

146

No. 131] RUSSIA AND TURKEY. [7 Oct., 1826'

[Treaty of Ackermann. Moldavia and Wallachia.]

No. 13L— CONVENTION between Russia and Turkey, explanatory of the Treaty of Bucharest.* Signed at Acker-

95

Aet. Table.

Preamble.

1. Confirmation of Treaty of Bucharest, of 1812.

2. Alteration in Limits of Islands of the Danube, opposite Ismael at Kili.\

3. Privileges of Moldavia and Wallachia.

4. Asiatic Frontiers. Restoration of Fortresses, &c.

5. Privileges of Servia.

6. Appointment of Commissioners for the Liquidation of Claims, &c.

7. Depredations of Barbary Pirates. Indemnity for Losses by Pirates.

Freedom of Commerce and Navigation to Russian Subjects and Vessels. Freedom of Navigation and Commerce in the Canal of Constantinople. Entrance into Black Sea of Vessels chartered for Russian Commerce.

8. Ratifications.

Annex 1. SEPARATE ACT relating to the Principalities of Moldavia

and Wallachia.

Election of Hospodars. Choice of a Hospodai* from amongst*the Boyards. Hospodars to be elected for seven years. Re-apjiointment of Hospo- dar. Abdication of Hospodar. Disqualifications of former Hospodars. Qualification of Sons of Hospodars. Administration during Vacancy. Boyards of Divans to regulate the Taxes, &c. Appointment of Beschlis and Agas. Restoration of Wallachian Territory. Boyards to return freely to their Country. Payment of Tribute and Dues. Liberty of Commerce. Submission of Boyai'ds to the Hospodars. Framing of Regulation for the Internal Administration of the Princi- palities. Maintenance of Rights and Privileges.

Annex 2. SEPARATE ACT relating to Servia.

Privileges to be granted to the Servian Nation. Court of Russia to be informed of Privileges granted to Servia.

(Translation.^) The Imperial Court of Russia and the Sublime Porte, animated by a sincere desire to put a stop to the discussions which have arisen between them since the conclusion of the Treaty of Bucharest, and wishing to consolidate the relations of the two Empires, by giviug them as bases a perfect harmony and an entire

* (if th May, 1812.) See Appendix, f See note, page 753.

% For French version, " See State Papers," vol. xiii, p. 899.

747 3 c 2

7 Oct., 1826.] RUSSIA AND TURKEY. [No. 131

[Treaty of Ackermann. Moldavia and Wallachia.]

reciprocal confidence, have agreed to open by means of an assem- bling of respective Plenipotentiaries, an amicable negotiation, with the sole intention of removing from their mutual relations every subject of ulterior differences, and to insure, for the future, the full execution of the Treaty of Bucharest, as well as the Treaties and Acts which it renews or confirms, and the observance of which can alone guarantee the maintenance and the durability of the Peace so happily established between the Imperial Court of Russia and the Sublime Ottoman Porte. His Majesty the Emperor and Padishah of all the Russias, and His Majesty the Emperor and Padishah of the Ottomans, have therefore appointed as their Plenipotentiaries, namely ; His Majesty the Emperor and Padishah of All the Russias, the Sieurs Count Michel Woronzoff, General Aide-de-Camp, General of Infantry, Member of the Council of the Empire, Governor-General of New Russia, and Commissary Pleni- potentiary of the Province of Bessarabia, &c. ; and Alexander de Ribeaupierre, Private Councillor and Actual Chamberlain, Envoy Extraordinary and Minister Plenipotentiary to the Sublime Porte, &c. ; and His Highness the Sieurs Seid-Mehmed-Hadi-Effendi, Comptroller-General of Anatolia, First Plenipotentiary, and Seid- Ibrahim-Iffet-Effendi, Provisional Cadi of Sophia, with the rank of Molla of Scutari, Second Plenipotentiary ; who after having assembled in the town of Ackermann, and having exchanged the authentic copies of their Full Powers, found to be in good and due form, have agreed to, concluded, and signed the following Articles :

Confirmation of Treaty of Bucharest*

Art. I. All the clauses and stipulations of the Treaty of Peace concluded at Bucharest, the 16th May, 1812* (17th day of the moon of Djemaziul Ewel of the year of the Hejira, 1227), are con- firmed in all their force and value by the present Convention, as if the Treaty of Bucharest were word for word inserted therein, the explanations which form the object of this Convention serving only to determine the precise sense and to corroborate the tenor of the Articles of the said Treaty.

Alteration in Limits of Islands of the Danube opposite Ismael, at

KM. Art. II. Article IV of the Treaty of Bucharest* having stipu- lated for the two great Islands of the Danube, situated opposite

* See Appendix. 748

No. 131] RUSSIA AND TURKEY. [7 Oct., 1826.

[Treaty of Ackermann. Moldavia and Wallachia.] i Ismael, at Kili, which, whilst they continue in the possession of the Ottoman Porte, are to remain partly deserted and inhabited, a method of demarcation, the execution of which has been recognised as impossible, considering' the inconveniences arising from the frequent overflowing of the River, and experience having, besides, shown the necessity of establishing a fixed separation and suffi- ciently extended between the respective Eiverains, to remove all point of contact, and thereby to put a stop to the continual dif- ferences and troubles resulting therefrom, the Sublime Ottoman Porte wishing to give an unequivocal proof to the Imperial Court of Russia of her sincere desire to cement the relations of friend- ship and good neighbourhood between the two States, engages to execute and to maintain the arrangement agreed upon at Constan- tinople between the Russian Envoy and the Ministers of the Sub- lime Porte, in the Conference of the 21st August, 1817, in con- formity with the dispositions consigned in the Protocol of that Conference. Therefore, the dispositions contained in that Protocol and relating to the object in question shall be considered as forming an integral part of the present Convention.

Privileges of Moldavia and Wallachia.

Art. III. The Treaties and Acts relative to the Privileges enjoyed by Moldavia and Wallachia, having been confirmed by an express clause of Article V of the Treaty of Bucharest, the Sublime Porte solemnly engages to observe the said Privileges, Treaties, and Acts, on all occasions, with the most scrupulous fidelity, and promises to renew, within the space of six months after the ratification of the present Convention, the Hatti-Sheriffs of 1802, which have specified and guaranteed those Privileges. Besides, considering the misfortunes which those provinces have sustained in consequence of the last events, considering the choice made of Wallachian and Moldavian Boyards as Hospodars of the two Principalities, and considering that the Imperial Court of Russia has given its consent to that measure, it has been recog- nised, as well by the Sublime Porte as by the Court of Russia, that the Hatti-Sheriffs above mentioned of the year 1802, were to be indispensably completed by means of the clauses recorded in the annexed Separate Act, which the respective Plenipotentiaries have agreed to, and which is and shall be considered as forming an integral part of the present Convention.

749

7 Oct., 1826.] RUSSIA AND TURKEY. [No. 131

[Treaty of Ackermann. Moldavia and Wallacnia.]

Asiatic Frontiers. Restoration of Fortresses, §c.

Art. IV. It has been stipulated by Article VI of the Treaty of Bucharest that, on the side of Asia, the frontier between the two Empires should be re-established as it existed before the war, and that the Imperial Court of Russia should restore to the Sub- lime Ottoman Porte the Fortresses and Castles situated in the inte- rior of that Frontier and conquered by its arms. In accordance with this Stipulation, and considering that the Imperial Court of Russia has evacuated and restored immediately after the peace, such of those Fortresses as had been taken, only during the war, from the troops of the Ottoman Porte, it is agreed on both sides, that henceforth the Asiatic Frontiers between the two Empires shall remain such as they exist at present, and that a term of two years is fixed in order reciprocally to consider upon the best means of maintaining the tranquillity and security of the respective subjects.

Privileges of JServia.

Art. V. The Sublime Ottoman Porte, wishing to give to the Imperial Russian Court a striking testimony of her amicable dis- position, and of her scrupulous attention to fulfil in their entirety the conditions of the Treaty of Bucharest,* will immediately put into execution all the clauses of Article V11I of that Treaty, relative to the Servian Nation, which being ab antiquo, subject and tribu- tary to the Ottoman Porte, must on all occasions experience the effects of its clemency and generosity. In accordance therewith the Sublime Porte shall settle with the Deputies of the Servian Nation- the measures which shall be considered the most con- venient to secure the Privileges stipulated in her iavour, Privi- leges, the enjoyment of which shall at the same time be the just reward and the best pledge of the fidelity of which that Nation has given proofs to the Ottoman Empire. As a term of 18 months is considered necessary to proceed to the verifications necessary to its attainment, in conformity with the Separate Act hereto annexed, agreed upon between the respective Plenipoten- taries, the said measures shall be regulated and agreed upon in concert with the Servian Deputation at Constantinople, and in- serted in detail in a Supreme Firmanf invested by the Hatti- Sheriff, which shall be enforced with as little delay as possible,

* (iftk May, 1812.) Sec Appendix. t Page 758.

750

No. 131] RUSSIA AND TURKEY. [7 Oct., 1826

[Treaty of Ackermann. Moldavia and Wallachia.]

and at latest within the said term of 18 months, and shall also be communicated to the Imperial Court of Russia, and considered from that time as forming an integral part of the present Con- vention.

Appointment of Commissioners for the Liquidation of Claims, <J-c. Art. VI. In accordance with the express stipulations of Article X of the Treaty of Bucharest, all the affairs and Claims of the respective subjects, which had been suspended by the war, having to be renewed and terminated, also the debts due to the respective subjects, as well as on the exchequer, having to be examined and regulated in all justice, and promptly and entirely liquidated, it is agreed that all the affairs and Claims of Russian subjects on the occasion of losses sustained by them by the depredations of Moorish Pirates, the confiscations made at the time of the rupture between the two Courts in 1806, and other acts of a similar nature, including those which have occurred since the year 1821, shall give rise to an equitable liquidation and Indemnity. For that purpose, Commissioners shall be ap- pointed, on either side, who shall verify the state of those losses, and shall fix the amount of the Indemnity. All the labours of those Commissioners shall be terminated, and the sum to which the Indemnity above mentioned shall amount, shall be given in a lump sum to the Imperial Russian Legation at Constantinople, within the term of 18 months, dating from the ratification of the present Convention. A similar reciprocity shall be observed towards the subjects of the Ottoman Porte.*

Depredations of Barbary Pirates. Art. VII. The redress of damages caused to subjects and merchants of the Imperial Court of Russia by the Pirates of the Regencies of Algiers, Tunis, and Tripoli, and the full execu- tion of the stipulations of the Treaty of Commerce, and of Article VII of the Treaty of Jassyf, being strictly binding on the Ottoman Porte, by virtue of the express clauses of Article XII of the Treaty of Bucharest!, which, jointly with Article III, renews and confirms all former transactions, the Sublime Porte solemnly renews her promise to fulfil henceforth with the most scrupulous fidelity, all engagements to that effect. Consequently :

* See Treaty of 14th September, 1829, Art. VIII. . /29th December, 1791\ ~ , ,.

+ (9th January, 1792 )' See APPendlx- + (ifth May, 1812.) See Appendix. 751

7 Oct., 1826.] RUSSIA AND TURKEY. [No. 131

[Treaty of Ackermann. Moldavia and Wallachia.]

Indemnity for Losses htj Pirates.

1. The Sublime Porte will take every care to prevent the Pirates of the Barbary Regencies, under any pretext whatever, from molesting Russian commerce or navigation, and in case of depredation on their part, as soon as she is informed thereof, she engages anew to enforce without delay the restitution of all Captures made by the said Pirates, to give compensation to the Russian subjects for the losses which they may have sustained, to address to that effect a severe Firman to the Barbary Regencies, in order that it may not be necessary to renew it a second time, and in case that Firman should not be executed, to pay the amount of the Indemnity, out of her Imperial Treasury, within the term of two months, specified in Article VII of the Treaty of Jassy*, dating from the day on which the Claim shall have been presented to that effect by the Russian Minister, after having examined it.

Freedom of Commerce and Navigation to Russian Subjects and

Vessels.

2. The Sublime Porte engages rigorously to observe all the con- ditions of the said Treaty of Commerce, to raise all the prohibitions which are contrary to the express tenor of its stipulations, to place no impediments to the free Navigation of merchant vessels under Russian colours, in all the seas and waters of the Ottoman Empire without any exception; in short, that all Russian mer- chants, captains, " and subjects iu general, shall enjoy the ad- vantages and privileges, as well as entire liberty of Commerce, formally stipulated for by the Treaties existing between the two Empires.

Freedom of Navigation and Commerce in the Canal of Constanti- nople.

3. In conformity with Article I of the Treaty of Constanti- noplef, which stipulates in favour of all Russian subjects in general, for liberty of Navigation and Commerce in all the States of the Sublime Porte, as well by land as by sea, and wherever Russian subjects may wish, and by virtue of the clauses of Articles XXXI and XXXV of the said Treaty, which ensure a free passage through the Canal of Constantinople to all Russian

„ /29th December, 1791 \ „ ,

* lath January, 1792 /' See Appendix,

f (23^ June, 1783). Sec Appendix. 752

No. 131] EUSSIA AND TURKEY. [7 Oct., 1826.

[Treaty of Ackermann. Moldavia and Wallachia.]

merchant vessels laden with provisions or other Russian merchan- dise and productions, or of other States not under the dominion of the Ottoman Empire, as well as the free disposal of those provi- sions, merchandise, and productions, the Sublime Porte promises to put no obstacle or impediment in the way of Russian vessels laden with corn and other provisions, on their arrival in the Canal of Constantinople, the case of necessity arising-, transhipping- their cargo on board other vessels, whether Russian or foreign^ to be conveyed out of the States of the Sublime Porte.

Entrance into Blade Sea of Vessels chartered for Russian

Commerce. 4. The Sublime Porte will accept the good offices of the Imperial Russian Court in granting, in accordance with former precedents, the entrance of the Black Sea to vessels of Powers friendly to the Ottoman Government, which have not, as yet, ob- tained that privilege, so that the import trade of Russia, by means of thase vessels, and the export of Russian produce on board of them, may not be subject to any impediment.

Ratifications. Art. VIII. The present Convention, serving as an elucidation and complement to the Treaty of Bucharest, shall be ratified by His Majesty the Emperor and Padishah of All the Russias, and by the Emperor and Padishah of the Ottomans, by means of solemn Ratifications signed by them in the usual manner, which shall be exchanged by the respective Plenipotentiaries within the term of six weeks, or sooner, if possible, dating from the day of the signature of the present Convention.

Done at Ackermann, 25th September, 1826.

(L.S.) COMTE M. WORONZOW. (L.S.) RIBEAUPIERRE.

{Annex 1.) SEPARxiTE ACT relative to the Principalities of Moldavia and Wallachia. 7th October, 1826.*

(Translation.!) Election of Hospodars. The Hospodars of Moldavia and Wallachia, being chosen

* See Treaty of 14th September, 1829 ; General Treaty of 30th March, 1856 ; Convention of 19th August, 1858 ; Firman of 6th December, 1861 ; Additional Act of 28th August, 1864 ; and Firman of 23rd October, 1866.

t For French version, see "State Papers," vol. xiii, p. 904.

753

7 Oct., 1826.] RUSSIA AND TURKEY. [No. 131

[Treaty of Ackermann. Moldavia and Wallachia.]

from amongst the native Boyards, their election shall henceforth be made in each of those Provinces, with the consent and pleasure of the Sublime Porte, by the General Assembly of the Divan, in accordance with the ancient customs of the country.

Choice of a Hospodar from amongst the Boyards.

The Boyards of the Divan of each Province, as a Body of the Country, and with the general consent of the inhabitants, shall make choice for the dignity ol: Hospodar of one of the oldest Boyards, as the best able to fill the post, and they shall present to the Sublime Porte by petition (Arz. Mahzar) the candidate elect, who, should the Sublime Porte agree, shall be appointed Hospodar, and receive his investiture. Should the nomination of the candidate elect not be, on account of serious reasons, in accordance with the wishes of the Sublime Porte, in such case, after those serious reasons shall have been proved by the two Courts, it shall be permissible to recommend to the said Boyards to proceed to the election of another eligible person.

Hospodar s to he Elected for Seven Years.

The continuance of the Administration of the Hospodars shall be fixed, as in former time, at 7 complete and entire years, dating from the day of their appointment, and they cannot be dis- missed during that time. Should they commit any offence during the term of their administration, the Sublime Porte shall inform the Russian Minister thereof, and should it be proved that the Hospodar had actually been guilty of any offence, after re-exami nation thereof by either party, his dismissal shall be allowed in that case only.

Re-appointment of Hospodars.

The Hospodars who shall have completed their term of 7 years without having given, either to the two Courts or to the country, any cause of legitimate and grave complaint, shall be appointed for another 7 years, if the request is made to the Sublime Porte by the Divans of the Provinces, and if the general consent of the inhabitants is in their favour.

Abdication of Hospodar.

Should it so happen that a Hospodar abdicates before the completion of the term of 7 years, on account of old age, or from infirmity, or any other cause, the Sublime Porte shall inform

No. 131] RUSSIA AND TURKEY, [7 Oct., 1826.

[Treaty of Ackermann. Moldavia and Wallachia.]

the Court of Kussia thereof, and the abdication may take effect with the previous consent of the two Courts.

Disqualifications of former Hospodars.

Every Hospodar who shall have been discharged after having finished his term, or who shall have abdicated, shall incur the loss of his title, and shall be allowed to return into the class of Boyards, on condition that he remains peaceable and quiet, with- out,* however, being able to remain a member of the Divan, or to fulfil any public function, or to be re-elected Hospodars.

Qualification of Sons of Hospodars.

The sons of Hospodars who have been discharged, or who have abdicated, shall preserve their title as Boyards, shall be eligible to hold offices of State, and to be elected Hospodars.

Administration during Vacancy.

In case of dismissal, of abdication, or death of a Hospodar, and until a successor shall have been appointed, the administration of the vacant Principality shall be entrusted to Caimacans appointed by the Divans of the said Principalities.

Boyards of Divans to regulate the Taxes, tj-c.

The Hatti- Sheriff of 1802 having ordered the abolition of Taxes and Duties introduced since the year 1198 (1783), the Hos- podars, with the Boyards of the respective Divans, shall settle and fix the taxes and annual charges of Moldavia and Wallachia, taking as a basis the regulations established by the Hatti-Sheriff of 1802. The Hospodars shall under no circumstances fail in the strict performance of this arrangement. They shall take into consideration the representations of the Minister of His Imperial Majesty, and to those which Russian Courts shall make by his orders, as well on this subject as on the maintenance of the privileges of the country, and especially on the observance of the clauses and articles inserted in the present Convention.

Appointment of Beschlis and Agas.

The Hospodars, together with the respective Divans, shall fix the number of Beschlis in accordance with the number which existed previous to the disturbances of 1821. That number, once fixed, cannot be increased under any pretext whatever, unless its

755

7 Oct., 1826.] RUSSIA AND TURKEY. [No. 131

[Treaty of Ackermann. Moldavia and Wallachia.]

urgent necessity is recognised on either side, and it is well under- stood that the Beschlis shall continue to be formed and organised as they were previous to the disturbances of 1821, that the Agas shall continue to be chosen and appointed in the same manner as previous to the said period, and, in short, that the Beschlis and their Agas shall never fill any other functions than those for which they have been originally appointed, not being able to interfere in the affairs of the country, or of taking upon them- selves any other duties.

Restoration of Wallachian Territory.

The usurpations over Wallachian territory near Ibraila, Giurgevo, and Coule, and beyond the Olta, shall be restored to the proprietors, and a term shall be fixed for their restitution, in the Firmans relating thereto, which shall be addressed to whom it may concern.

Boyards to return freely to their Country.

Those Moldavian and Wallachian Boyards who were obliged to leave their country solely on account of the late disturbances, shall be allowed to return freely, without being molested in any way, and be restored to the full and entire enjojmient of their rights, prerogatives, goods, and estates, as in time past.

Payment of Tribute and Dues. Liberty of Commerce.

The Sublime Porte, taking into consideration the misfortunes which have weighed on the Principalities of Moldavia and Wal- lachia, from the late disturbances, will grant unto them 2 years' exemption from Tributes and Dues which they are bound to pay ; at the expiration of the term of exemption above mentioned, the said tributes and dues shall be paid according to the rates fixed by the Hatti-Sheriffs of 1802, and shall not be increased under any cir- cumstances whatever. The Sublime Porte will also grant to the inhabitants of the two Principalities liberty of Commerce in all productions of the soil and of their industry, which they shall be at liberty to dispose of as they like, save the exceptions required on the one side for the annual supplies due to the Sublime Porte, of which these Provinces are the granaries, on the other, for the victualling of the country. All the provisions of the Hatti-Sheriff of 1802, relative to those supplies, of their regular payment at the current prices, according to which they are to be settled, and the

75 G

No. 131] RUSSIA AND TURKEY. [7 Oct., 1826.

[Treaty of Ackermann. Moldavia and Wallachia.]

rating of which shall, in case of litigation, be settled by the respec- tive Divans, shall be renewed and observed for the future with scrupulous punctuality.

Submission of Bayards to the Hospodars.

The Boyards shall be bound to execute the orders of the Hos- podars and be in perfect submission to them. On their part, the Hospodars shall not act harshly against the Boyards, nor shall they make them undergo undeserved punishments and unless they shall have committed some proved fault, and the latter shall not undergo any punishment until they have been judged according to the laws and customs of the country.

Framing of General Regulations for the Internal Administration of

each Principality.

The disorders of the last few years in Moldavia and Wallachia, having caused the most severe injury to order in the different branches of Internal Administration, the Hospodars shall be bound with the least possible delay, together with the respective Divans, to take the necessary measures to improve the condition of the Principalities confided to their care, and those measures shall form the subject of a general regulation for each province, which shall be put into immediate execution.

Maintenance of Rights and Privileges.

All the other rights and privileges of the Principalities of Moldavia and Wallachia, and all the Hatti- Sheriffs relating thereto, shall be maintained and observed, in so far as they are not modified by the present Act.

Therefore we, the Undersigned, Plenipotentiaries of the Emperor and Padishah of All the Russias, furnished with sovereign Full Powers, jointly with the Plenipotentiaries of the Sublime Ottoman Porte, have concluded and determined, with reference to Moldavia and Wallachia, the above clauses, which are the result of Article III of the explanatory and confirmatory Con- vention of the Treaty of Bucharest, concluded in 8 Articles, at the Conference at Ackermann, between us and the Ottoman Plenipotentiaries.

Accordingly, the present Separate Act has been drawn up,

757

7 Oct., 1826.] RUSSIA AND TURKEY. [No. 131

[Treaty of Ackermann. Servia.]

sealed, and signed by us, and delivered into the hands of the Plenipotentiaries of the Sublime Porte. Done at Ackermann, 2^£? 1826.

(L.S.) COMTE M. WORONZOW. (L.S.) RIBEAUPIERRE.

(Annex 2.) SEPARATE ACT relating to Servia. 1th October, 1826.*

(Translation.-]-) Privileges to be granted to the Servian Nation.

The Sublime Porte, with the sole intention of faithfully fulfilling- the stipulations of Article VIII of the Treaty of Bucharest, having heretofore allowed the Servian Deputies at Constantinople to lay before her the demands of their nation upon the matters most suitable for the consolidation of the security and well-being of the country, those Deputies had heretofore set forth in their memorial the wish of the nation with respect to certain of those matters, such as freedom of Religious Worship, the choice of its Chiefs, the Independence of its Internal Administration, the re-annexation of the Districts detached from Servia, the consolida- tion of the various Taxes into a single sum, the making over to the Servians the administration of the Properties belonging to Mussulmans, subject to the payment of the proceeds thereof at the same time with the tribute, liberty of Commerce, permission for the Servian merchants to travel in the Ottoman dominions with their own Passports, the establishment of Hospitals, Schools, and Printing-houses ; and, finally, the prohibition to Mussulmans, other than those belonging to the Garrisons, to establish them- selves in Servia. Whilst the Articles above specified were being- inquired into and settled, certain obstacles which occurred were the occasion of their being deferred. But the Sublime Porte, still persisting at the present time in the firm resolution of granting to the Servian nation the advantages stipulated in Article VIII

* See Treaty of 14th September, 1829, Art. VI ; Firmans of 1st October, 1829 ; October, 1830; December, 1833 ; and 24th December, 1838; General Treaty of 30th Marcb, 1856, Art. XXVIII ; and Protocol of 4th September, 1862.

f For French version, see t( State Papers," vol. siii, p, 907. •

r» E c »

No. 131] RUSSIA AND TURKEY. [7 Oct., 1826.

[Treaty of Ackermann. Servia.]

of the Treaty of Bucharest, will settle, in concert with the Servian Deputies at Constantinople, the above-mentioned demands of that faithful and submissive nation, as well as all the other demands which may be laid before her by the Servian Deputation, and which may in no respect be contrary to the character of subjects of the Ottoman Empire.

Court of Russia to be informed of Privileges granted to Servia.

The Sublime Porte will acquaint the Imperial Court of Russia with the manner in which Article VIII of the Treaty of Bucharest shall have been executed, and will communicate to it the Firman decorated with the Hatti Sheriff, by which the above- mentioned advantages shall be granted.

Wherefore, we the Undersigned, Plenipotentiaries of His Majesty the Emperor and Padishah of All the Russias, furnished with sovereign Full Powers, in concert with the Plenipotentiaries of the Sublime Ottoman Porte, have agreed upon and settled, with respect to the Servians, the above points, which are the result of Article V of the Convention explanatory and confirmatory of the Treaty of Bucharest, concluded in 8 Articles in the con- ferences at Ackermann, between us and the Ottoman Plenipoten- tiaries.

Accordingly, the present Separate Act has been drawn up, sealed, and signed by us, and delivered to the Plenipotentiaries of the Sublime Porte.

Done at Ackermann, the »%«££> 1826.

(L.S.) COMTE M. WORONZOW. (L.S.) RIBEAUPIERRE.

759

14 Dec, 1826.] GKEAT BKITAIN. fNo. 132

[Hostilities. Portugal and Spain.]

No. 132.— BRITISH CIRCULAR to Foreign Ministers in London, relative to the Hostilities between Portugal and Spain. Foreign Office, lith December, 1826.

The Undersigned, &c, has the honour to transmit to ,

for the information of the Court of , copies of a

Message from His Majesty, delivered on Thursday, the 11th instant, to both Houses of Parliament, and of the Addresses voted by the two Houses in return.

In making this communication to , the Undersigned

is expressly commanded by His Majesty to assure that

the Declarations contained in His Majesty's Message, and the measures which are in preparation in conformity thereto, far from menacing any interruption of the General Peace, have, in His Majesty's judgment, become indispensably necessary for the pre- vention of a War between the two nations of the Peninsula.

Repeated inroads into the territory of Portugal by bands of Portuguese deserters, harboured, supported, and equipped in Spain, prove a connivance, if not an encouragement, on the part of the Spanish authorities, which could not fail to produce, at no distant time, measures of justifiable retaliation on the part of the Portuguese Regency.

These inroads constitute a case in which, under the faith of Treaties,* Portugal is entitled to call, and does call, upon His Majesty for assistance.

His Majesty has no choice but to comply with the requisition of his Ally, by sending a military force for the defence of the Ter- ritories of Portugal against an aggression foreign in its character, although the instruments with which it has been executed may be Portuguese.

To that single defensive purpose the British corps, now under orders for Lisbon, is intended to be applied.

His Majesty disclaims the right, and abjures the intention, of interfering in the internal concerns of any nation. But His Majesty will not endure that foreign force or foreign intrigue shall introduce confusion and Civil War into a country with which Great Britain has been for centuries in relations of the

* The Treaties appealed to by Portugal were those of the 23rd June, 1661, Arts. XV— XVII, and Secret Article ; 16th May, 1703, Arts. I— III ; British Guarantee of Treaty, 6th February, 17-j-j > and Treaty of 22nd January, 1815, Art. III. (See Appendix.)

760

No. 132] GREAT BRITAIN. [11 Dec, 1826.

[Hostilities. Portug-al and Spain.]

strictest Amity and Alliance, and whose Government has not given any just cause of offence, either to Spain or to any other Power. The Undersigned, &c.

GEORGE CANNING. Foreign Office, Dec. 14th, 1826.

A copy is subjoined of His Majesty's gracious Reply to the Addresses of the two Houses of Parliament.

(ANNEX.) Message of the King of Great Britain to both Houses of Parliament, relative to the Hostilities between Portugal and Spain. 11th December, 1826.

GEORGE R.

His Majesty acquaints the House of Lords [Commons] that His Majesty has received an earnest application from the Princess Regent of Portugal, claiming, in virtue of the ancient Obligations of Alliance and Amity subsisting between His Majesty and the Crown of Portugal His Majesty's aid against an hostile aggres- sion from Spain.

His Majesty has exerted himself for some time past, in con- junction with I lis Majesty's Ally, the King of France, to prevent such an aggression ; and repeated assurances have been given by the Court of Madrid of the determination of His Catholic Majesty neither to commit, nor to allow to be committed, from His Catholic Majesty's territory, any aggression against Portugal.

But His Majesty has learnt with deep concern that, notwith- standing these assurances, hostile inroads into the territory of Portugal have been concerted in Spain, and have been executed under the eyes of Spanish authorities by Portuguese regiments which had deserted into Spain, and which the Spanish Govern- ment had repeatedly and solemnly engaged to disarm and to disperse.

His Majesty leaves no effort unexhausted to awaken the Spanish Government to the dangerous consequences of this appa- rent connivance.

His Majesty makes this communication to the House of Lords [Commons] with the full and entire confidence that the House of Lords [his faithful Commons] will afford to His Majesty their cordial concurrence and support in maintaining the faith of Treaties, and in securing against foreign hostility the safety and Independence of the Kingdom of Portugal, the oldest Ally of Great Britain. G. R.

761 3 d

26 Dec, 1826.] AUSTRIA AND RUSSIA. [No. 133

[Boundary. Poland.]

No. 133.— BOUNDARY TREATY between Austria and Russia. Signed at Brody, ~ December, 1826.

Akt. Table.

Preamble. Reference to Treaty of Vienna, of 3rd May, 1815.

1. Detailed Demarcation of the Line of Frontier between the Kingdoms of

Poland and Gallicia, starting from the Frontier of the Territory of the Free City of Cracow.

2. Mutual Cessions by Russia and Austria of Farms, Villages, and Lands. 3 and 4. Planting of Stakes fixing the Limits.

5 and 6. Limits of the River Vistula.

7. Map of Frontier.

8. Ratifications.

(Translation.)

Reference to Treaty of Vienna, of 3rd May, 1815.

In the Name of the Most Holy and Indivisible Trinity.

Be it known to all whom it may concern : His Majesty the

Emperor of All the Russias, King of Poland, and His Majesty

the Emperor of Austria, King' of Hungary, Bohemia, and Gallicia,

having resolved to carry out Article XXXVIII of the Treaty of

Friendship concluded at Vienna on the %Saff, 1815 (No. 12), by executing the demarcation of the Frontier between the King- doms of Poland and Gallicia, in accordance with the terms of Article III of the same Treaty, have to that effect furnished with their Full Powers, namely :

His Majesty the Emperor of All the Russias, King of Poland, the Sieur Frederic Auguste d'Auvray, General of Infantry of his Armies, &c. ; and the Sieur Adam Bojanowicz, Lieutenant -Colonel of the Staff, &c. ; ^

His Majesty the Emperor of Austria, King of Hungary, Bohemia, and Gallicia ; the Sieur Emanuel Baron de Lipowski, Government Councillor, his Resident and Consul General in the Free City of Cracow, &c. ; and the Sieur Emeric Baron de Blagoevich, Lieutenant-Colonel of the Staff, &c. ;

Who, after having executed and caused to be executed the different labours which were required, having discussed in 18 meetings (the Proces-verbaux of which have been drawn up and signed) the different questions which had arisen, and fixed in a

762

No. 133J AUSTRIA AND RUSSIA. [26 Dec, 1826.

[Boundary. Poland.]

visible, precise, and unalterable manner the Line of Demarcation between the Kingdoms of Poland and Gallicia in accordance with the Articles of the Treaty of Friendship above mentioned relating thereto, as well as to the Instructions with which they have been furnished during the progress of the work, after having exchanged their Full Powers, found to be in good and due form, have con- cluded, signed and settled the following Articles : —

Art. I. Detailed Demarcation of the Line of Frontier between, the Kingdoms of Poland and Gallicia, starting from the Frontier of the Territory of the Free City of Cracow.

Art. II. Mutual Cessions by Russia and Austria of Farms, Villages, and Lands.

Arts. Ill and IV. Planting of Stakes fixing the Limits.

Arts. V and VI. Limits of the River Vistula.

Art. VII. Map of Frontier.

Ratifications.

Art. VIII. In testimony whereof the Plenipotentiaries have signed it, and have affixed thereto the Seal of their Arms. Done in duplicate at Brody, the ^fth December, 1826.

(L.S.) F. D'AUVRAY, General of Infantry.

(L.S.) ADAM BOJANOWICZ, Lieutenant-Colonel.

(L.S.) EMERIC BARON DE BLAGOEVICH.

763 3 r> 2

30 Jan., 1827.] BADEN AND FRANCE. [No. 134

[Islands on the Rhine.]

No. 134.— BOUNDARY CONVENTION between Baden and France. Signed at Strasburg, '30th January, 1827.*

Art. Table.

Preamble. Reference to Treaties of 30th May, 1814, and 20th Novem- ber, 1815.

, I Re-establishment of the State of Possession and Property of the Islands o j on the Rhine at the time of the Treaty of Luneville.

91

to > Limits of Sovereignty.

23. J

2-1. Ratifications.

(Translation.) Reference to Treaties of 30th May, 1814, and 20th November, 1815.

ITis Majesty the King- of France and Navarre of the one part, and His Royal Highness the Grand Duke of Baden of the other part, animated by an equal desire to fulfil § 5 of Art. Ill of the Treaty of Paris of 30th May, 1814 (No. 1), and § 1 of that' of 20th November, 1815 (No. 40), which both decide the demarcation of the Frontier between France and the States of Germany, as well as the re-establishment of the state of Possession and Property of the Islands on the Rhine such as they existed at the time of the signature of the Treaty of Luneville,f have appointed to that effect Commissioners Plenipotentiaries, namely :

His Majesty the King of France and Navarre, Mr. Amand Charles, Count Guilleminot, Lieutenant-General of the Armies of the King, <fcc, to whose functions Mr. Claude Florimond Esman- gart, Councillor of State, Prefect of the Department of the Lower Rhine, &c, was appointed in 1826 to replace him;

And His Royal Highness the Grand Duke of Baden, Mr. Charles Chretien, Baron de Berckheim, Minister of State and of the Inte- rior, &c. ;

Who, after having exchanged their Full Powers, found to be in good and due form, took into consideration, in a series of Con- ferences, held at Bale, Carlsruhe, Colmar, and Strasburg,

1 st. The means of executing in their literal sense the above- mentioned Treaties :

* Modified by Convention of 5th April, 1840. t (9th February, 1801.) See Appendix. 764

No. 134] BADEN AND FRANCE. [30 Jan., 1827.

[Islands on the Rhine.]

2ndly. The re-establishment of the state of Property and Possession of the Islands on the Rhine, such as it existed at the time of the signature of the Treaty of Luneville,* and to fix it by a new examination of the River ;

ordly. To give to the demarcation of the Frontier between France and the Grand Duchy of Baden, a description sufficiently positive to prevent, as far as possible in future, all uncertainty, as well regarding the Limit of Sovereignty as that of Property, and to secure, as far as possible, its enjoyment to Proprietors.

The execution of the literal sense of the Treaties bavins: nevertheless offered difficulties, as well on account of the par- ticular state of the River, of the constant changeableness of the River, of the facility with which it formed and destroyed land- marks, that changes which have occurred in the state of the Properties and of the Islands since the signature of the Treaty of Luneville up to the realisation of the Treaties of Paris, the Commissioners agreed upon principles which were sanctioned by their Governments, and according to which were to be decided the several questions arising out of the execution of the Treaties, principles, the application of which, not being possible in future, become annulled, dating from the ratification of the present Treaty. It was agreed :

On the means of executing in their literal sense the above- mentioned Treaties.

§ 1. That all Laud surrounded by water at low water shall be considered as an Island.

§ 2. That Land should be considered as an Island if, at low water, it was only joined to a Continent by a Work of Art left uncovered.

§ 3. That Land would, on the contrary, cease to be considered as an Island if, at low water, it Avas joined to the Continent by a natural alluvion, or produced by a Work of Art, provided, in the latter case, that the Work of Art being supposed to be destroyed, the uncovered communication continued to exist between the Land and the Continent.

§ 4. That the state of the Low Water should be settled by the daily arithmetical mean heights observed at permanent rhinometers during a certain number of years, namely :

1. At the rhinometer at Basle, rising scale, at 72 inches above zero ;

* (9th February, 1801.) See Appendix. 765

30 Jan., 1827.] BADEN AND FRANCE. [No. 134

[Islands on the Rhine.]

2. At that of Vieux-Brisach, descending scale, at 91 inches below zero ;

3. At that of Strasburg, rising1 scale, at 57 inches according to the old scale, or at 42 of the actual scale, corresponding with 1 meter 26 centimeters above zero ;

4. At that of Helmingen, descending scale, at 114 inches below zero.

Arts. I to VIII. Re-estahlisltinent of the state of Possession and Property of the Islands on the Rhine, at the time of the Treat// of Luneville.

Arts. IX to XXIII. Limits of Sovereignty.

Ratifications.

Art. XXIV. The present Convention shall be ratified, and the Ratifications thereof shall be exchanged within 8 months, or sooner if possible.

In testimony whereof, the respective Plenipotentiaries have signed it, and have affixed thereto the Seal of their Arms.

Done at Strasburg, 30th January, 1827.

(L.S.) ESMANGART.

(L.S.) BARON DE BERCKJIEIM.

7G6

No. 135] FRANCE AND PRUSSIA. [U June, 1827.

[District of Leyen.]

No. 135. — DECLARATION between France and Prussia, respecting the District of Leyen. Signed at Paris, 11th Jane, 1827.*

Aet. Table.

Preamble.

1. Prusssia to continue in Possession of Leyen.

2. Cessions to be made to France.

3. Immediate surrender of "Villages to France.

4. Renunciation by Prussia of Arrears of Taxes on Merten.

5. Bed of Rivers to serve as Boundary. G. Ratifications.

(Translation.)

The Prussian and French Governments have agreed, by the Arrangement contained in the following Articles, to reconcile the differences which have arisen concerning the District of Leyen, situated between the Saar and the Blies, and consisting of the Villages Klein-Blittersdorff, Auersmachern, the Hamlets Han- weiler, Rilchingen, and the Farm Vintringer Hof.

Prussia to continue in Possession of Leyen.

Art. I. Prussia shall continue in possession of the District of Leyen, and France shall renounce every Claim upon the District in question.

Cessions to be made to Prance.

Art. II. As an indemnification for the Claims which France has advanced upon the District of Leyen, in virtue of the Stipu- lations of the Treaty of Peace of Paris of 20th November, 1815 (No. 40), France shall receive the Villages Merten, Biblingen, Flatten, and Gongelfangen, with their Jurisdictions.

Immediate surrender of Villages to France.

Art. III. The surrender of these Villages to France shall take place as soon possible, and without waiting for the definitive; Settlement of the Boundaries.

Renunciation, by Prussia of Arrears of Taxes on Merten.

Art. IV. Prussia renounces any Claims for arrears of Taxes, which she may have upon the Inhabitants of Merten at the time of the surrender.

* See also Convention of 23rd October, I82P. 767

11 June, 1827.] FRANCE AND PRUSSIA. [No. 135

[District of Ley-en.]

Bed of Rivers to serve as Boundary.

Art. V. Where the Saar and the Blies divide the two Terri- tories, the bed of these Rivers shall serve as the Boundary.

Ratifications.

Art. VI. The present Declaration, drawn up in the name of Ilia Majesty the King of Prussia, and of His Majesty the King of France, shall come into full force and operation so soon as the Ratifications thereof shall have been exchanged.

Done at Paris, the 11th day of June, 1827.

(L.S.) WERTI1ER. (L.S ) BARON DE DAMAS.

768

No. 136] GREAT BRITAIN, FRANCE, AND RUSSIA. [6 July, 1827.

[Pacification of Greece.]

No. 136. — TREATY between Great Britain, France, and Russia, for the Pacification of Greece. Signed at London. 6th July, 1827.* Akt. Table.

Preamble.

1. Offer of Mediation between the Turks and Greeks.

2. Bases of Arrangement. Greece to be a Dependency of Turkey and Pay

Tribute. Appointment of Greek Authorities. Greeks to become Pos- sessors of all Turkish Property on payment of Indemnity.

3. Details of Arrangement and Boundaries to be Settled by Negotiation.

4. Pacification of Greece.

5. Equal Advantages to be Conferred on all Nations.

6. Guarantee of 3 Powers (Great Britain, France, and Russia). 7- Ratifications.

Additional Article.

§

1. Commercial Relations to be entered into with Greece in case of Turkish

Refusal of Mediation.

2. Measures to be adopted by Allied Powers in case of non-observance of

Armistice.

3. Measures to be adopted in case of neglect of Ottoman Porte.

(Translation as laid before Parliament.-]-) In the Name of the Most Holy and Undivided Trinity.

His Majesty the King- of the United Kingdom of Great Britain and Ireland, His Majesty the King- of France and Navarre, and His Majesty the Emperor of All the Russias, penetrated with the necessity of putting an end to the sanguinary straggle which, while it abandons the Greek Provinces and the Islands of the Archipelago to all the disorders of anarchy, daily causes fresh impediments to the commerce of the States of Europe, and gives opportunity for acts of Piracy which not only expose the subjects of the High Contracting Parties to grievous losses, but also render necessary measures which are burthensome for their observation and suppression ;

His Majesty the King of the United Kingdom of Great Britain and Ireland, and His Majesty the King of Prance and Navarre, having moreover received from the Greeks an earnest invitation to

* See also Protocols of 12th December, 1828, and 22nd March, 1829 ; Treaty of 7th May, 1832 ; Arrangement of 21st July, 1832 ; Explanatory and Supplementary Article of 30th April, 1833 ; and Treaties of 13th July and 14th November, 1863 ; and 29th March, 1864.

f For French Version, see " State Papers," vol. xiv, p. 632.

769

6 July, 1827.] GREAT BRITAIN, FRANCE, AND RUSSIA. [No. 136

[Pacification of Greece.]

interpose their Mediation with the Ottoman Porte ; and, together with Ili.s Majesty the Emperor of All the Russias, being animated with the desire of putting' a stop to the effusion of blood, and of preventing" the evils of every kind which the continuance of such a state of affairs may produce ;

They have resolved to combine their efforts, and to regulate the operation thereof, by a formal Treaty, for the object of re- establishing peace between the contending parties, by means of an arrangement called for, no less by sentiments of humanity, than by interests for the tranquillity of Europe.

For these purposes, they have named their Plenipotentiaries to discuss, conclude, and sign the said Treaty, that is to say : —

His Majesty the King of the United Kingdom of Great Britain and Ireland, the Right Honourable John William Viscount Dudley, a Peer of the United Kingdom of Great Britain and Ireland, a Member of His said Majesty's Most Honourable Privy Council, and his Principal Secretary of State for Foreign Affairs ;

His Majesty the King of France and Navarre, the Prince Jules, Count de Polignac, a Peer of France, Knight of the Orders of His Most Christian Majesty, Marechal-de-Camp of his Forces, Grand Cross of the Order of St. Maurice of Sardinia, &c, &c, and his Ambassador at London ;

And His Majesty the Emperor of All the Russias, the Sieur Christopher Prince de Lieven, General of Infantry of His Imperial Majesty's Forces, his Aide-de-Camp General, his Ambassador Ex- traordinary and Plenipotentiary to His Britannic Majesty, &e. ;

'Who, after having communicated to each other their Full Powers, found to be in due and proper form, have agreed upon the following Articles :

Offer of Mediation.

■ Art. I. The Contracting Powers shall offer their Mediation to the Ottoman Porte, with the view of effecting a reconciliation between it and the Greeks.

This offer of Mediation shall be made to that Power immediately after the Ratification of the present Treaty, by means of a joint Declaration, signed by Plenipotentiaries of the Allied Courts at Constantinople; and, at the same time, a demand for an immediate Armistice shall be made to the Two Contending Parties, as a pre- liminary and indispensable condition to the opening of any nego- tiation.*

* See Additionsl Article, page 772. 770

No. 136] GREAT BRITAIN, FRANCE, AND RUSSIA. [6 July, 1S27.

[Pacification of Greece.]

Pases of Arrangement.

Art. II. The Arrangement to be proposed to the Ottoman Porte shall rest upon the following bases :

Greece to be a Dependency of Turkey and Pay Tribute. Appoint- ment of Greek Authorities. The Greeks shall hold under the Sultan as under a Lord para- mount ; and, in consequence thereof, they shall pay to the Ottoman Empire an annual Tribute, the amount of which shall be fixed, once for all, by common agreement. They shall be governed by authorities whom they shall choose and appoint themselves, but in the nomination of whom the Porte shall have a defined right.

Greeks to become Possessors of all Turkish Property on Payment of

Indemnity.

In order to effect a complete separation between the individuals of the two nations, and to prevent the collisions which would be the inevitable consequence of so protracted a struggle, the Greeks shall become possessors of all Turkish Property situated- either upon the Continent, or in the Islands of Greece, on condition of indemnifying the former proprietors, either by an annual sum to be added to the tribute which they shall pay to the Porte, or by some other arrangement of the same nature.

Details of Arrangement and Boundaries to be settled by Negotiation.

Art. III. The details of this Arrangement, as well as the Limits of the Territory upon the Continent, and the designation of the Islands of the Archipelago to which it shall be applicable, shall be settled by a negotiation to be hereafter entered into between the High Powers and the Two Contending Parties.*

Pacification of Greece.

Art. IV. The Contracting Powers engage to pursue the salu- tary work of the Pacification of Greece, upon the bases laid down in the preceding Articles, and to furnish, without the least delay, their Representatives at Constantinople with all the Instractions which are required for the execution of the'Treaty which they now sign.

Equal Advantages to be Conferred on all Nations.

Art. V. The Contracting Powers wi'l not seek, in these Arrange-

* See Arrangement of 21st July, 1832. 771

6 July, 1827.] GREAT BRITAIN, FRANCE, AND RUSSIA. [No. 136

[Pacification of Greece.]

ments, any augmentation of territory, any exclusive influence, or any commercial advantage for their subjects, which those of every < tther nation may not equally obtain.

Guarantee of 3 Powers.

Art. VI. The arrangements for reconciliation and Peace which shall be definitively agreed upon between the Contending Parties, shall be guaranteed by those .of the Signing Powers who may judge it expedient or possible to contract that obligation. The operation andtheeffects of such Guarantee shall become the subject of future stipulation between the High Powers.*

Ratifications.

Art. VII. The present Treaty shall be ratified, and the Ratifi- cations shall be exchanged in 2 months, or sooner if possible.

In witness whereof, the respective Plenipotentiaries have signed the same, and have affixed thereto the Seals of their Arms.

Done at London, the 6th day of July, in the year of Our Lord,

1827.

(L.S.) DUDLEY.

(L.S.) LE PRINCE DE POLIGNAC.

(L.S.) LIEVEN.

(Translation.) Additional Article. In case the Ottoman Porte should not, within the space of one month, accept the Mediation which is to be proposed to it, the High Contracting Parties agree upon the following measures :

Commercial Relations to be entered into with Greece in case of Turkish Refusal of Mediation.

§ I. It shall be declared to the Porte, by their Representa- tives at Constantinople, that the inconveniences and evils described in the patent Treaty as inseparable from the state of things which has, for six years, existed in the East, and the termination of which, by the means at the command of the Sublime Ottoman Porte, appears to be still distant, impose upon the High Contract-

* See Treaty of 7th May, 1832, Art. IY.

772 "

No. 136] GREAT BRITAIN, FRANCE, AND RUSSIA. [6 July, 1827.

[Pacification of Greece.]

ing Parties the necessity of taking- immediate measures for forming a connection with the Greeks.

It is understood that this shall be effected by establishing- com- mercial relations with the Greeks, and by sending to and receiving from them, for this purpose, Consular Agents, provided there shall exist in Greece authorities capable of supporting such relations.

Measures to be adopted by Allied Powers in case of Non-observance

of Armistice.

§ II. If. within the said term of one month, the Porte does not accept the Armistice proposed in Article I of the patent Treaty, or if the Greeks refuse to carry it into execution, the High Con- tracting Powers shall declare to either of the Contending Parties which maybe disposed to continue hostilities, or to both of them, if necessary, that the said High Powers intend to exert all the means which circumstances may suggest to their prudence, for the purpose of obtaining the immediate effects of the Armistice of which they desire the execution, by preventing, as far as possible, all collision between the Contending Parties ; and in consequence, immediately after the above-mentioned declaration, the High Powers will, jointly, exert all their efforts to accomplish the object of such Armistice, without, however, taking any part in the hos- tilities between the Two Contending Parties.

Immediately after the signature of the present Additional Article, the High Contracting Powers will, consequently, transmit to the Admirals commanding their respective squadrons in the Levant, conditional Instructions in conformity to the arrangements above declared.

Measures to be adopted in case of Refusal of Ottoman Porte.

§ III. Finally, if, contrary to all expectation, these measures do not prove sufficient to procure the adoption of the propositions of the High Contracting Parties by the Ottoman Porte ; or if, on the other hand, the Greeks decline the conditions stipulated in their favour, by the Treaty of this date, the High Contracting Powers will, nevertheless, continue to pursue the work of pacifi- cation, on the bases upon which they have agreed ; and, in con- sequence, they authorise, from the present moment, their Repre- sentatives at London, to discuss and determine the future measures' which it may become necessary to employ.

773

6 July, 1827.] GREAT BRITAIN, FRANCE, AND RUSSIA. [No. 136

[Pacification of Greece.]

The present Additional Article shall have the same force and Validity as if it were inserted, word for word, in the Treaty of this day. It shall be ratified, and the Ratifications shall be exchanged at the same time as those of the said Treaty.

In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the Seals of their Anns.

Done at London, the 6th day of July, in the year of Our Lord, 1827

(L.S.) DUDLEY.

(L.S.) LE PRINCE DE POLIGNAC.

(L.S.) LIEVEN.

[The Porte declared its Entire adhesion to the Stipulations of this Treaty, by a Declaration signed on the 9th September, 1829, and in Art. X of the Treaty of 14th September, 1829.]

774

No. 137] HANOVER AND PRUSSIA. [22 Dec, 1827.

[Boundaries.]

No. 137.— BOUNDARY TREATY hetween Hanover and Prussia. — Signed at Jburg, 22nd December, 1827.

Aet. Table.

Preamble. Reference to Agreement of 12th August, 1783. Eoundar;es between Osnabruclc, Tecklenlurg, and Ober-Lingen.

1. As the aboye-mentioned Agreement of 12th August, 1783, although sanc-

tioned by both Parties, has, on account of subsequent difficulties, never been carried out, the said Agreement, so faras it relates to the arrangement of the limits and rights of the respective Sovereignties, is hereby annulled, and declared altogether invalid.

2. On the otber hand the aforesaid Agreement, so far as it relates to Com-

munal Landmarks and private rights, is confirmed and declared bind- ing where it has not been modified by other Treaties, or by the present stipulations.

3. The Supplementary Agreement of 31st October, 1801, is declared invalid.

4. From the date of the Ratification of this Treaty, the Boundaries between

the above-mentioned Territories shall be as described in Annex I, and the plans prepared hi 1778 and 1782 shall be considered valid where not altered by the present Treaty.

5. Both Parties renounce all Claims to the lands respectively transferred

from one to the other by this Treaty.

6. The line now agreed upon shall be the Boundary Line of the respective

Sovereignties in regard to all rights, privileges, and obligations here set forth.

7. The Domains and Domanial Rights of the two Parties suffer no further

restrictions than are herein stipulated.

8. Private and Corporation rights shall remain intact.

9. Maintenance of Roads and Waterways.

10. Communal relations remain as before, unless altered by special stipu-

lations.

11. The Mersch Bridge to be maintained at the joint expense of the two

Parties.

12. The Potts Bridge, &c, to be maintained by Hanover.

13. Access to certain Mills shall be unimpeded.

14. Where the line runs through Rivers or Brooks, these shall be maintained

in their present course.

15. Modification of the Agreement of 12th August, 1783, by Annex II.

16. Special Stipulations respecting Annex II.

17. Line to be drawn at a certain distance from ancient Tilled Lands and

Meadows.

18. Landmarks shall be set up to define the Boundary.

19. Boundary Line shall be inspected every 5 years.

20. Any trespass or alteration of the Boundary Line shall be punished by

Law.

21. If any Disputes shoidd arise as to the Boundary Line after the ratifica-

tion of this Treaty, they shall be settled by the Commissioners. 28. Ratifications.

775

22 Dec, 1827.] HANOVER AND PRUSSIA. [No. 137

[Boundaries.]

A nnex.

General and Special Stipulations, chiefly in reference to the Communal and Frontier relations on the basis of the Boundary Agreement of 12th August, 1783.

1. General Stipulations.

2. Special Stipulations relating to Articles V to XXII.

(Translation. ) Preamble. Reference to Agreement of 12th August, 1783. Boundaries between Osnabruck, Tecklenburg, and Ober-Lingen. For the definitive settlement of the Boundaries between the Hanoverian Principality of Osnabruck and the Prussian Counties of Tecklenburg and Ober-Lingen, arranged by the Agreement dated Hone, 12th August, 1783, but since disputed, the Commis- sioners appointed for the purpose, namely, Councillor Charles Augustus Rudloff, on the Hanoverian side, and Provincial Deputy Ernest Albert von Bodelschwingh, on the Prussian side, have agreed and concluded as follows : — Arts. I to XXII and Annex (See Table). Iburg, 22nd December, 1827.

CHARLES AUGUSTUS RUDLOFF. ERNEST ALBERT v. BODELSCHWINGH.

0 776

JX Hertslet, (Sir) Edward 626 The map of Europe by

1 875 treatv v.1

PLEASE DO NOT REMOVE CARDS OR SLIPS FROM THIS POCKET

UNIVERSITY OF TORONTO LIBRARY

■

iiiWi

mmmmm'

I 9 lit I -

"■■lift- PiPiPi » J I § I i

■Ml I 1 '

m

n

•dfeJR

%

•

t

'

1

■

- TO

■

■t -M

■

•4

f*VrVrV f ?'f r 1 1> i i i i t'M/^ YriVmVi i iViii • t ijjj.^1

■

t t Vi • O

i t f i • ■■•„■

got

I i t 1 1 If i •

mm

ft fl|

MH^^B

■

JF

111

I

H

& :.

I

■

> CI •St

'«

j 4 ■ »

■i

,h:, ;

!

•

'

'

'•1. i : S

l:4

■ ."■.

.