[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 concluded, 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. III 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 14th December, 1826. (L.S.) F. D'AUVRAY, General of Infantry. [Islands on the Rhine.] No. 134.--BOUNDARY CONVENTION between Baden and France. Signed at Strasburg, 30th January, 1827.* Preamble. Reference to Treaties of 30th May, 1814, and 20th November, 1815. Re-establishment of the State of Possession and Property of the Islands on the Rhine at the time of the Treaty of Luneville. 1 to 3. 9 to Limits of Sovereignty. 23. 24. Ratifications. (Translation.) Reference to Treaties of 30th May, 1814, and 20th November, 1815. His 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. III 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,† 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, &c., to whose functions Mr. Claude Florimond Esmangart, 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 Chrétien, Baron de Berckheim, Minister of State and of the Interior, &c.; Who, after having exchanged their Full Powers, found to be in good and due form, took into consideration, in a series of Conferences, held at Bâle, Carlsruhe, Colmar, and Strasburg, 1st. The means of executing in their literal sense the abovementioned Treaties: *Modified by Convention of 5th April, 1840. [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; * 3rdly. 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 having nevertheless offered difficulties, as well on account of the particular state of the River, of the constant changeableness of the River, of the facility with which it formed and destroyed landmarks, 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 abovementioned Treaties. § 1. That all Land 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 was 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. [Islands on the Rhine.] 2. At that of Vieux-Brisach, descending scale, at 91 inches below zero; 3. At that of Strasburg, rising 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-establishment of the state of Possession and Property of the Islands on the Rhine, at the time of the Treaty 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 BERCKHEIM. [District of Leyen.] No. 135.-DECLARATION between France and Prussia, respecting the District of Leyen. Signed at Paris, 11th June, 1827.* 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. 6. 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 Hanweiler, 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 France. ART. II. As an indemnification for the Claims which France has advanced upon the District of Leyen, in virtue of the Stipulations 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, 1829. |