[Independence, &c., of Cracow.]

shall proceed to Cracow, to act in concert with a temporary and local commission, composed principally of individuals holding public situations, or of persons of character. Each of the three Powers shall, for this purpose, make choice of a candidate, either from the nobility, the clergy, or the commonalty. Each of the Commissioners of the three Courts shall fill the office of President, alternately, by the week. He who shall first preside shall be appointed by ballot, and the President shall enjoy all the rights and privileges belonging to that office.

This Committee shall be employed in laying down the constitutional bases in question, and shall carry them into effect. It shall also have the gift of the first official appointments; excepting, however, those who may have been appointed to the Senate by the High Contracting Parties, who for this time reserve to themselves the right of choosing some well-known persons.

It shall also employ itself in assembling and putting into action the new Government of the Free City of Cracow and its territory. It shall enter into immediate communication with the existing administration, and is authorised to make all such changes therein as may be necessary for the public service, so long as this temporary state of affairs shall continue.

Non-establishment of Custom-houses.

ART. VIII. The Constitution of the Free City of Cracow and its territory, does not admit of the right, or establishment, of Custom-houses. The city is, however, permitted to levy Barrierduties and Bridge-tolls (pontonage).

General Tariff of Tolls on Bridges and Roads.

ART. IX. In order to establish a fixed regulation with regard to the Tolls to be collected on the Bridges and Roads of the Free City of Cracow, which are to be levied in proportion to the expense required to keep them in repair, it has been agreed that a general tariff shall be made by the Commission specified in Article VII.

This tariff shall only apply to goods, beasts of burthen or of draught, and cattle. It shall not apply to individuals, except at those times when the passage must be effected by water.

The toll-houses shall be established on the left bank of the Vistula.

The same Commission shall also agree upon the principles concerning the Currency.

[Independence, &c., of Cracow.]

Rights and Obligations of Mixed Subjects to be extended to Poles in Treaties.

ART. X. All the Rights, Obligations, Advantages, and Privileges stipulated by the three High Contracting Parties, in the Articles relative to individuals possessing property under different Governments, to a general Amnesty, to free Trade and Navigation, are equally granted to the Free City of Cracow and its territory.

In order to facilitate the provisioning the City and Territory of Cracow, the three High Courts consent to allow fire-wood, coals, and every other article of first necessity, freely to pass and repass through the territory of the City of Cracow.

Revision of Duties and Rents payable by Peasants to Clergy and State.

ART. XI. A Commission shall regulate the Rights of Property, and the rents to be paid by the peasantry on Ecclesiastical and Crown Lands, in the manner best calculated to relieve and ameliorate that class of individuals.

Postal Arrangements. Commission to regulate Postage.

ART. XII. The Free City of Cracow shall preserve for itself and upon its territory, the privileges of the Post. Each of the three Courts, however, shall have the option of establishing either their own Post-office at Cracow, for mails proceeding to and from their States, or merely to appoint a secretary at the Post-office at Cracow, to superintend this department. The Postage of foreign letters, and of those of the interior, shall be settled in the regulations to be agreed upon by the Commission mentioned in Article VII.

Disposal of National Property.

ART. XIII. Whatever may be found in the Free City and Territory of Cracow, to have been National Property of the Duchy of Warsaw, shall, as such, belong in future to the Free City of Cracow. This property shall constitute one of its financial funds, and the revenue arising therefrom shall be applied to the support of the Academy, to other literary institutions, and principally to the improvement of the means of public education. The revenues arising from the barrier-duties and bridge-tolls, are, from their nature, to be appropriated to keeping the bridges and highways in repair; both in the Free City as well as in the Territory of

[Independence, &c., of Cracow.]

Cracow, the Government shall be responsible for the execution of this part of the public service, so necessary to intercourse and

commerce.

Non-contribution towards Debts of Grand Duchy of Warsaw.

ART. XIV. The revenues of the Free City of Cracow, being so regulated that the surplus of the expenses of administration shall be appropriated to the purposes mentioned in the preceding Article, the City of Cracow shall not be called upon to contribute towards the payment of the Debts of the Duchy of Warsaw, and on the other hand, it shall have no share in the reimbursements which may be made to that Duchy. The inhabitants of Cracow shall always be at liberty to submit the arrangement of their private claims to the Commission which shall be authorised to settle the accounts.

Confirmation of Privileges and Property of Academy.

ART. XV.* The buildings and library belonging to the Academy of Cracow, its landed property, and mortgaged capital, together with all the privileges which it at present enjoys, are hereby secured to it.

Permission shall be granted to the inhabitants of the neighbouring Polish provinces to repair to that Academy, and to study there, as soon as it shall be regulated conformably with the intentions of each of the three High Courts.

Confirmation of Establishments, and Property of Bishopric, Chapter, and Clergy of Cracow.

ART. XVI. The Bishopric of Cracow, and the Chapter of that Free City, as well as all the secular and regular clergy, shall be continued. The funds, endowments, immoveable effects, rents, or collections, which constitute their property, shall be secured to them. The Senate, however, shall be at liberty to propose to the Assemblies of December, a different mode of expenditure from that which may exist, if it shall be proved that the present appropriation of the revenues, especially with regard to public instruction and the distressed situation of the inferior clergy, has been conducted in a manner contrary to the intention of the founders. In every change to be made, the same formalities shall be observed as are usual in respect to the adoption of a law of the State.*

* See Vienna Congress Treaty of 9th June, 1815, Art. X.

[Independence, &c., of Cracow.]

Non-extension of Ecclesiastical Jurisdiction of Cracow to Austrian and Prussian Territories.

ART. XVII. As the Ecclesiastical Jurisdiction of the Bishopric of Cracow is not to extend to the Austrian and Prussian territories, the nomination of the Bishop of Cracow is specially reserved to His Majesty the Emperor of All the Russias, who, on this particular occasion, shall make the first nomination agreeably to his own choice. In future, the Chapter and Senate shall each have the privilege of recommending two candidates for that appointment, from among whom His said Majesty shall select the new Bishop.

Deposit of Treaty and Constitution among Archives of Cracow.

ART. XVIII. A copy of the Articles before mentioned, as likewise of the Constitution which forms a principal part of them, shall be formally deposited, by the joint Commission designated in Article VII, with the Archives of the Free City of Cracow, as a permanent proof of the generous principles adopted by the three High Powers in favour of the Free City and Territory of Cracow.

Ratifications.

ART. XIX. The present Treaty shall be ratified, and the Ratifications shall be exchanged in six days.

In faith of which the respective Plenipotentiaries have signed the same, and have fixed thereunto the Seals of their Arms.

(L.S.) LE PRINCE DE METTERNICH.
(L.S.) LE PRINCE DE HARDENBERG.
(L.S.) LE COMTE DE RASOUMOFFSKY.

[Cracow.]

No. 15.-CONSTITUTION of the Free City of Cracow.* Vienna, 3rd May, 1815.

[This Constitution formed part of Annex III to the Vienna Congress Treaty of 9th June, 1815 (No. 27), and was Approved and Guaranteed by Article VII of the Treaty between Austria, Prussia, and Russia, of 3rd May, 1815 (No. 14).]

1. Constitution of the Free City of Cracow. Religion of the Country. 2. Equality of Christian Sects.

3. Rights of Agriculturists.

4. Government by a Senate. 5. Election of Senators.

6. Duration of Office.

7. Persons eligible as Electors and as Candidates.

8. Nomination of Public Functionaries by the Senate; and to Ecclesiastical

Livings, with certain exceptions.

9. Division into Communes.

10. Annual Assembly of Representatives. Duties of Legislative Assembly. 11. Composition of the Assembly. Election of President from among Dele

gates.

12. Alteration of Laws after consent of Senate. Formation of Civil and Criminal Laws, and Procedure.

13. Power of Senate to postpone Laws. Duration of Annual Law of Finance until replaced by another Law.

14. Arbitration Magistrates of Districts.

15. Court of First Instance, and Court of Appeal. Powers and Proceedings. 16. Composition of Supreme Court.

17. Proceedings in open Court, in Civil and Criminal Matters. Decision of Juries.

18. Independence of Judicial Order.

19. Conditions of eligibility for office of Senator, Judge, or Representative of a Commune. Eligibility of Functionaries previously in Office in Duchy of Warsaw.

20. Polish Language in Acts of Government, of Legislation, and of Judicial Courts.

21. Inclusion of the Academy in the General Budget.

22. Municipal Militia for internal security and Police.

security of roads and country.

Gendarmerie for

* By a Treaty between Austria, Prussia, and Russia, of the 6th November, 1846, the Independent existence of the Free City of Cracow was put an end to, and the City and its Territory were incorporated with the Austrian Dominions. The British Government protested against this infraction of the Vienna Congress Treaty, on the 23rd November, 1846. The French Government also protested against it, on the 3rd December, 1846.