[Navigation of Rivers, &c.]

For Treaties, &c., relative to Free Navigation of other Rivers,

see:

Treaty between Great Britain, Prussia, &c., respecting the Navigation 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.

3rd
15th

Treaty between Austria, Prussia, and the United Principalities, respecting the Navigation of the Pruth, of December, 1866; and Regulations of April, 1870.

Treaties between Great Britain, &c., and Denmark, for the redemption 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.

[Poland.]

No. 12.-TREATY between Austria and Russia, relative to

Poland. Signed at Vienna,

21st April 1815.

3rd May '

[This Treaty formed Annex I to the Vienna Congress Treaty of 9th June, 1815, No. 27.]

Preamble. Consolidation of the Welfare of the Poles.

1. Restitution by Russia to Austria of Districts separated from Eastern Galicia.

2. Wieliczka 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 Warsaw to be united to Russia. Title of King of Poland to be borne by the Czar. Poles to receive Representative and National Institutions.

6. 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.

16. 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 Rivers and Canals.

25. Duties on Navigation.

26. Commissioners to regulate Duties on Navigation.

27. Duration of Commission.

28. Liberty of Transit between Brody and Odessa.

29. Commissioners to regulate Tariffs.

30. Payment by Russia to Austria on account of Ancient Polish Debt.

* By a Russian Manifesto of 4th 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.

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 Warsaw. 34. 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.

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. IIIs 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 arrangements 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 Imperial 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 ClementVenceslas-Lothaire, Prince de Metternich-Winnebourg-Ochsenhausen, intimate and actual Councillor of His Majesty the Em*For French version, see State Papers, vol, ii, p. 56.

[Poland.]

peror of Austria, King of Hungary and Bohemia, his Minister of State, of Conferences, and of Foreign Affairs, and his Plenipotentiary 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. 27) 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. XI.)

Poland. Sequestrations to be removed. Prosecutions to be Annulled. ART. VIII. (Embodied in Vienna Congress Treaty (No. 27)

[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. XI. 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 declaration, which the above magistrate or other authority is to transmit 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.