[Navigation of the Elbe.] Saxony, No. 111.-CONVENTION between Prussia, 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 Mühlberg and Wittenberg. 3. Appointment and Duties of Special Commissary for Saxony at Mühlberg. 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 Contracting States. 8. Revision of Stipulations. Right of returning to peculiar Mode of Revision. 9. Cargoes not passing Mühlberg 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 Commission, agreed to the following Special Convention, and have allowed it to be concluded, subject to their Ratification thereof. Non-exercise of Rights 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 Grand 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 [Navigation of the Elbe.] Officers, of those Vessels and Floats of timber which, in their passage on the Elbe, shall have passed either of the Royal Prussian Frontier Toll-houses of Mühlberg 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 Mühlberg and Wittenberg. ART. II. His Majesty the King of Prussia, on the other hand, readily grants a participation in the revisions of Mühlberg 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 Mühlberg, and for the other States bordering on the River, at Wittenberg. Appointment and Duties of Special Commissary for Saxony at Mühlberg. 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 Constituents 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 interference in the course of their proceedings is strictly forbidden. (c.) The Royal Prussian Elbe-toll Register, as well of import as 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 [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 regulate matters agreeably thereto. (d.) They shall also be circumstantially informed, through the respective Toll-houses of Mühlberg 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 are authorised to take cognizance of, and to make extracts from, such documents of the proceedings of search as may be interesting to them. (f) They shall receive the ulterior Duties, and remit them to the Toll-offices of their Most High Constituents. (7.) They shall in all cases transact business and preserve official relations with the Chief Collector and Officer of the Tollhouse 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 Revision, 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 dispatched until the deficient Toll Duties and the deposited costs and penalties shall have been received and handed over to the Toll Commissaries. Proceedings against Defrauders. 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 [Navigation of the Elbe.] berg or Mühlberg, the same shall be communicated to the Toll Commissaries, upon whose demand a separate Security shall likewise be given to the Boatmen, from the Toll-houses of Mühlberg and Wittenberg, for any Duties that may have been unjustly levied at any of the Elbe Toll-houses of their Most High Constituents 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 Mühlberg 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 Mühlberg, are most especially directed to observe a conciliatory and peaceable conduct towards each other. Right of Prussian Chief Toll Inspector to inspect Registers of Contracting States. ART. VII. Should the Royal Prussian Chief Toll Inspectors at, Wittenberg and Mühlberg 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 advantages 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. [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 Mühlberg 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 Mühlberg or Wittenberg; 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 Convention for the Navigation of the Elbe, shall be exchanged without delay. In faith whereof, the same is signed and sealed by the respective Plenipotentiaries of the Elbe Navigation. Done at Dresden, 23rd June, 1821. (L.S.) JOHANN LUDWIG V. JORDAN. (L.S.) GUNTHER V. BUNAU. (L.S.) CARL FRIEDRICH BARON V. STRALENHEIM. (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.] |