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[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 Formio (1797).

The Archduchess Maria Beatrice d'Este, her heirs and successors, 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.

Duckies of Parma,† Placentia, and Guastalla.

ART. XCIX. Her Majesty the Empress Maria Louisa shall possess, 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 common 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 Duke of Tuscany.§ The Presidii, Elba, Piombino, Imperial Fiefs, &c.

ART. C. His Imperial Highness the Archduke Ferdinand of * See Treaty between Austria, Sardinia, Lucca, Modena, and Tuscany, of 28th November, 1814, 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.

[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 Suzeraineté of His Majesty the King of the Two Sicilies before the year 1801.

3. The Suzeraineté 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 exportation of the produce of his Mines, foundries, salt mines, and domains, as for the importation of Wood and other articles necessary for working the mines: he shall also be indemnified by His Imperial Highness the Grand Duke of Tuscany, for all the revenues the family of the latter derived from the crown duties before the year 1801. In case any difficulties should arise in the valuation 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.t

ART. CI. The Principality of Lucca shall be possessed in full

* See Treaty between the 5 Powers and Spain of 10th June, 1817.

Lucca was ceded to Tuscany by the Treaty of 4th October, 1847; and Tuscany was annexed to Sardinia by Decree of 22nd March, 1860.

[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, &c.

ART. CII. 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, Benevento, and Ponte-Corvo,
to the Holy See.†

ART. CIII. The Marches, with Camerino, and their dependencies, 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.

+ The Provinces of the Marches were annexed to the Kingdom of Sardinia by Decree of 17th December, 1860.

[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 Commachio.

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 stipulations 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 of 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 Olivença. 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 Olivença, 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.

+ This restitution never took place; and the town is still held by Spain.

[Vienna Congress Treaty.]

Relations between France and Portugal. French Guiana. ART. CVI. 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 Christian 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.†

The period for giving up this Colony shall be determined, as soon as circumstances shall permit, by a Particular Convention between the two Courts; 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, conformably 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 Ratifications.

† 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 Toil. They were also applied to the Danube by Art. XV of the General Treaty of 30th March, 1856.

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