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TREATY betreen Tuscany and Parma, relative to the
reciprocal Abolition of the “Droits d'Aubaine,” and “ de Détraction."-Signed at Florence, 2d August, 1817.
(Translation.) TREATY concluded between the Courts of Tuscany and Parma,
respecting the Abolition of the Duty called Albinaggio, as also of that called Retorsione.
NOTIFICATION. The Imperial and Royal Council, in execution of the Orders contained in the lustruction of the Imperial and Royal Department of Foreign Affairs, dated the 16th August, 1817, gives, by these Presents, publicity to the following Treaty, which was entered into between the Courts of Tuscany and Parma on the 2d of the said month, touching the Abolition of the Duty called Albinaggio, and also of that called Retorsionc, the Ratifications of which Treaty were exchanged in due forin on the 5th of the same mouth.
His Imperial and Royal Highness the Most Serene Archduke, Grand Duke of Tuscany, &c., &c., &c., and Her Majesty the Archduchess Maria Louisa of Austria, Duchess of Parma and Placentia, &c., &c., &c., being desirous that their Subjects may derive advantage from the ties of consanguinity which happily unite the 2 Sove. reign Families, by means of the relations of Kindred, Friendship, and Co merce, between the 2 Dominions, being still more consolidated and drawn closer together, have determined to conclude a Treaty, by which every Duty known by the names of Albinaggio, Forensita, ("Traile Foraine,”) or Retorsione, being respectively abolished throughout their Dominions, and due measures being taken for mutually insuring, by the said abolition, the full and free contracting for, possession, and enjoyment of, property, as well as the rights, belonging to the Subjects resident in th-ir respective Dominions, may be secured to them.
They have therefore, for this object, appointed as their Ministers Plenipotentiary; that is to say, His Imperial and Royal Highness the Grand Duke of Tuscany, &c., His Excellency the Councillor Vittorio Fossombroni, Knight Grand Cross of the Order of St. Joseph, Knight of the distinguished Order of St. Stephen, Pope and Martyr, Officer of the Legion of Honour of France, Secretary of State, Minister for Foreign Affairs, and Director of the Imperial and Royal Departments.
And Her Majesty the Duchess of Parma and Placentia, &c., His Excellency the Count Appony, Commander of the Imperial Order of Leopold, Imperial Chamberlain, and Envoy Extraordinary and Minister Plenipotentiary, of His Imperial and Royal Apostolic Majesty, at the Imperial and Royal Court of Tuscany:
Who, having exchanged their Full Powers, and found them to be in due form, have agreed and do agree upon the following Articles :
Art. I. So far as regards the Subjects of His Imperial and Royal Highness the Grand Duke of 'Tuscany, the Constitutions, Laws, and Customs, connected with the Duty of Albinaggio, and of Forensild, at present in force in the States of Her Majesty the Duchess of Parma, shall be void and of no effect; and in consequence tliereof, the Subjects of Tuscany may succeed, in the aforesaid States, to all property of whatever nature or description, as well ab intestalo as to that left by will or testament; they may likewise acquire property for life, by purchase or otherwise, in the same manner as the natural-born and other Subjects of Her Majesty; provided always, that they observe the Laws which are imposed upon her said Subjects.
II. The Subjects of Her Majesty the Duchess of Parma shall enjoy, in the fullest degree, the right of Reciprocity, which has for a long time existed in the States of His Imperial and Royal Highness the Grand Duke, and may therefore succeed in the said States to all property, of whatsoever nature or description, as well ab intestato, as also to that left by will or testament; they may likewise acquire property for life, by purchase or otherwise, in the same manner as the natural-born and other Subjects of His Imperial and Royal Highness, the Laws and Conditions imposed upon the said Subjects being duly observed by them.
III. The Contracts, Wills, and all other Acts or Instruments made or entered into, whether for life or after death, and in which all the formalities and conditions required for their validity, in the place where they are executed, have been duly observed, shall be equally effective in the Dominions of the other Contracting Party, even should there be required in the respective Dominions, for the said Acts or Instruments, greater or different formalities or regulations.
IV. The Public lustruments and Decrees, affecting mortgages in either of the 2 States, shall equally affect the mortgages upon immoveable property, or such as is considered of the like nature, belonging to a Debtor, in the other State, according as the said property shall be liable thereto, conformably to the Laws of the State in which the said property is situate, and provided that the judicial regulations and practice of the Court, there in force for the security and authenticating of mortgages, be duly observed ; so that the effect may be, that the Act or Judgment which is to be executed may, although emanating from the other State, have the same force, in all respects and under all circumstances, as if the said Act or Judgment originated, or was first promulgated, in that State in which the said property is situate, the formalities which, in the respective States, are prescribed to be observed in all judicial matters, being duly attended to.
V. For the better facilitating the execution of the Decrees and Ordipances of Justice, it is agreed that they may be executed, in all cases, upon simple Requisitions to that effect, in the usual form, from the
Supreme Tribunal of either State to that of the other, the formalities connected with the respective Jurisdictions being duly observed, agreeably to the preceding Article.
VI. The obligation of giving the Bail, Judicatum solvi, shall be considered as abolished, and the Subjects of one State shall be at liberty, consequently, to present themselves, and to bring their Causes, before the Tribunals of the other, precisely as natural-born Subjects of that State, they being liable to the jurisdiction of the Court before which the Cause shall be pending.
VII. The present Convention shall be ratified as soon as may be practicable by the respective Sovereigns, and published in both Dominions: and it shall have its full and entire effect from the day imme. diately succeeding that in which the exchange of the Ratifications shall have been effected.
Dated at Florence, the 2il of August, 1817. (L S.) V. FOSSOMBRONI, (L. S.)
A. APPONY, Secretary of State, and Minister Envoy Extraordinary and Minister for Foreign Affairs.
Plenipotentiary of His Impe. rial und Royal Apostolic Ma. jesty, at the Imperial and Royal Court of Tuscany.
By the Imperial and Royal Council, 21st August, 1817. R. RAFFAELLI.
SPEECH of the King of Wirtemberg, to the Assembly of the
States, on presenting the Project of Constitution for the Kingdom.-Stutgardt, 3rd March, 1817.
(Translation.) NOBLE, TRUSTY, AND BELOVED SUBJECTS,
Toe late King, my Father, to whose important services in behalf of this Country history will do honour, did, as soon as the restora. tion of order and tranquillity in Europe had rendered possible the reestablishment of the Laws in the German States, also declare it to be his earnest desire to limit and secure, by means of a Constitution, the power of the Government in the more important affairs of the State.
He responded to the wishes of his People, when he declared that he would cause to be extracted from the former Constitution of the Duchy of Wirtemberg, and admitted into the new Constitution, which was to be common to all parts of the Kingdom, whatever might be still applicable to it under the then existing circumstances; and he voluntarily promul. gated principles beforehand, which merited grateful acknowledgment.
Upon the basis of such a declaration, and upon these fundamental principles, the Negotiations were commenced.
These, and indeed whatever occurred in the progress of this important matter, I followed, with that interest which my love for my Country inspired me with, and with that attention, which the future Station to wbich I might be callerl imposed upon me as a duty.
The King, my Father, did not survive to see the work completed which he had so honorably begun, and, therefore, the duty has now devolved upon me of bringing it to maturity.
Although the situation in which I am placed in this respect, differs from that of my deceased Father, I nevertheless willingly undertake this duty, because I feel a conviction, that it is only by firmly establishing the system of the Laws, that I can permanently secure the happiness of my beloved People.
This object I hope to attain, by means of a Constitution, of which the leading feature is justice, and the character publicity.
I have had submitted to me in detail the Project prepared by your Commission; I have heard the opinion of my Privy Council; and I have carefully weighed the arguments and counter-arguments which have been adduced, without having lost sight of that which is required, by the spirit of the times, the present situation of Europe, and that of Germany in particular,
In this important point of view must you, also, my noble, trusty, and beloved Subjects, regard the Project of a Constitution, wbich I this day communicate to you, and to my People, by means of the public press. You must respect the obligations which are imposed upon me, as a Prince of the Germanic Confederation, and upon Wirtemberg, as a State of the same Confederation, and you must unite yourselves with me faithfully and steadfastly, in promoting the common interests of the German Nation.
Every enactment of the former Constitution of my Hereditary Dominions, which is still applicable to the present period, has been carefully retained, as the basis of this Project, and extensive use has been made of the Project drawn up by your Commission.
My Privy Councillors are instructed to submit the same to you ; and, upon the discussion of each Section of it, to explain to you, if necessary, the reasons which justify a deviation, either from the Constitution of the Hereditary State, or from the Project of your Commission.
If you proceed to examine this Project without prejudice, which I am justified in anticipating, you will not fail to acknowledge, that what is good in the former Constitution bas been retained, and that, moreover, experience and sound judgment have been exercised, in order to introduce into it some necessary and advantageous improvements, and to amalgamate the new with the old regulations.
It must undoubtedly be acknowledged to be an object of great advantage, that what was formerly divided and scattered, is now (1816-17.)
collected together, and that certainty has now been substituted for what was before vague and undefined; rendering, by this means, the Act of the Constitution acceptable and intelligible to all.
The several portions of the Country have been united into one whole, with equal rights and uniform Laws.
By the Laws which have been proposed respecting the Succession to the Throne, the Country is secured in the perpetual enjoyment of its existence as an Independent State, and provision has been carefully made for the Government of the Kingdom by a Regency.
More effectual securities than formerly have been provided for the legality of the Public Administration, by the regulation directing that the Central Offices be confided to Boards or Commissions, instead of to Individuals. The administration of the affairs of the State, agreeably to the Laws, has been better secured than formerly, by the Collegial Establishment of the Central Offices, and by the increased responsibility of the Public Servants, as well as by the restrictions imposed upon the power of removing them.
The public right of the Citizens of the State have been defined in n more comprehensive and satisfactory manner; and the security of person and property, equality before the Law, and the liberty of speech and writing, have been secured.
The Communes, which were before administered by self-elected Magistrates, are in future to be administered by Members and their Deputies, to be selected by the Communes themselves; who will represent the rights of the Communes before the Magistrates, and be enabled to superintend the management of the Communal Property.
The power of the Government with respect to Foreign Relations has been more clearly defined.
The Estates of my Country will now enjoy the most extensive participation in the power of legislating : their former influence was confined merely to this point, that whilst Orders were issued by their advice, the Government was, nevertheless, not bound by them, al. though they could not be repealed without their concurrence.
The administration of Civil and Criminal Justice has received an increased independence; and a secure foundation has been laid for the highest as well as the lowest Establishments for Education in Churches and Schools, by separating the administration of the Ecclesiastical Property of Protestants from that of Catholics.
Better care has been taken than formerly existed, that the extent of the Military Establishment shall not, by any contingency, be disproportioned to the means and necessities of the State.
I pass, in my quality of Possessor of the smaller Family Entail, for Myself and my Successors, into the class of Possessors of Private Feuds; I renounce the enjoyment of the rights of Sovereignty which were united thereto; and I subject these my Private Feuds to the Taxes of the State. The larger Family Entail, the Kammer-Gut, has hitherto served, as the property of the Reigning House, for the