an

MISSION should be appointed, composed of a proper number of Commissioners and Assistants; it should meet at Warsaw, and its objects should be: (1) To prepare exact balance of what is due by foreign Governments; (2) to regulate, reciprocally, between the contracting parties, the accounts of their respective Claims; (3) to settle the Claims of Subjects against their Governments. short, to adjust whatever relates to subjects of this nature. Art. 35 provides that this Commission, immediately it should have entered upon its duty, should appoint a Committee for the restitution of all securities.

In

References: Hertslet. Map of Europe, etc., I. 103; State Papers, II. 56; Schoell, III. 398, Recueil de pièces officielles, VIII. 127; R., XIII. 236.

237. PRUSSIA and RUSSIA, in 1815. In a Treaty concluded on the same day (May 3rd, 1815) between Prussia and Russia relating to ancient Poland, similar provisions were embodied. Art. 22-24 provided for the freedom of navigation on the rivers and canals, and appointed COMMISSIONERS to regulate the Duty; and by Art. 36, a COMMISSION of Accounts was arranged for, to be composed of a proper number of Commissioners and Clerks, to meet at Warsaw. By Art. 26, a BOARD of COMMISSIONERS was appointed by the two Courts to regulate the Rights and Privileges of certain Towns and Ports; and the Commissioners appointed under this Article were empowered to determine in the prescribed term of six months, the Tariff and Duties on the import and export trade of the interested provinces. These Articles, like the similar ones in the Treaty between Austria and Russia, were confirmed by the Vienna Congress Treaty of June 9th, 1815 (Art. 14).

References: Hertslet, Map of Europe, etc., I. 112-116. 221; State Papers, II. 56; Moore, V. 4852; Schoell, III. 398, 399, Recueil de pièces officielles, VIII. 127; R., XIII. 236.

238. AUSTRIA, PRUSSIA, and RUSSIA, in 1815. By the Additional Treaty between these Powers relative to Cracow, signed at Vienna, May 3rd, 1815, after guaranteeing the Constitution of that free city (which was confirmed by Art. 10 of the Vienna Congress Treaty, June 9th, 1815), the signatories engage to appoint a COMMISSION Consisting of three members, one appointed by each, who were to 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 Commissioners of the three Courts was to fill the office of President alternately, by the week, and the President was to enjoy all the rights and privileges belonging to that office. The body thus constituted was to lay down the constitutional bases, and carry them into effect; make the first official appointments; assemble and put into action the new Government of the Free City of Cracow and its territory; and make all such changes in the existing administration as may be necessary for the public service, so long as the temporary state of affairs should continue. It was also to settle the postal arrangements (Art. 12) and (Art. 18) to deposit the constitution, etc., in the Archives of the City.

By a Treaty between Austria, Prussia, and Russia, of November 6th, 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 November 23rd, 1846. The French Government also protested against it on December 3rd, 1846. References: Hertslet, Map of Europe, etc., I. 122, 123; 220, II. 1061-1068; Schoell, III. 400, Recueil de pièces officielles, VIII. 157, 170; Brit. and For. State Papers, II. 374, XXXIII. 1042, XXXV. 1088, 1093.

239. ALLIED POWERS and FRANCE, in 1815. By a series of European Treaties, provisions have been made for the regulation of the Navigation of international streains by means of MIXED COMMISSIONS. The "Navigation of the Rhine, from the point where it becomes navigable unto the sea, and vice versa," was, by the Peace of Paris, of May 30th, 1814, declared to be "free, so that it can be interdicted to no one"; and it was provided that at the Congress about to be held at Vienna, "attention" should "be paid to the establishment of the principles according to which the duties to be raised by the States bordering on the Rhine may be regulated in the mode most impartial and the most

favourable to the commerce of all nations." It was further stipulated that the Congress, with a view to facilitate communication between nations, and continually to render them less strangers to each other, "should likewise examine aud determine in what manner the above provisions can be extended to other rivers which in their navigable course separate or traverse different States." This was done. By the "Regulations for the Free Navigation of Rivers," settled in March, 1815, which formed Annex 16 to the Vienna Congress Treaty of June 9th, 1815, and were embodied in that Treaty as Arts. 108 to 116, "the Powers, whose States are separated or traversed by the same navigable river, engaged' to regulate, by common consent, all that regards its navigation" (Art. 1), and for this purpose to name COMMISSIONERS, who should adopt, as the bases of their proceedings, certain principles, the chief of which was that the navigation of such rivers, along their whole course from the point where each of them becomes navigable to its mouth shall be entirely free, and shall not, in respect to commerce, be prohibited to any one," subject to regulations of police.

6

(a) THE RHINE: "In order to establish a perfect control of the regulation of the Navigation," and "to constitute an authority which may serve as means of communication between the States of the Rhine upon all subjects relating to Navigation," it was stipulated (Art. 10 et seq.) that a CENTRAL COMMISSION should be appointed, consisting of Delegates named by the various States bordering on the Rhine, which Commission should regularly assemble at Mayence, on November 1st, in each year; and special regulations were made for the creation and control of this Commission. These arrangements continued undisturbed until 1831, when, on March 31st, a Convention was signed between the Riverain States of the Rhine, revising the Regulations for the Navigation of the Rhine, and fixing the Powers and Duties of the Central Commission. This Convention was replaced by a Convention, signed at Mannheim, October 17th, 1868, which was ratified at the same place April 17th, 1869. Between the years 1832 and 1842 various supplementary Articles, and an additional Convention, relative to the navigation of the river, were agreed upon between the Riverain States of the Rhine, all of which were embodied in a French Ordinance, dated October 15th, 1842; further supplementary Articles were also agreed upon in the years 1844, 1845, 1846, 1847, and 1860.

(b)-OTHER RIVERS: By the "Regulations for the Free Navigation of Rivers,' etc., described above, it was provided that the same Freedom of Navigation should be extended to the Neckar, the Mayne, the Moselle, the Meuse, and the Scheldt, and these rivers came within the purview of the COMMISSIONS provided for in Art. 108 of the Vienna Congress Treaty, June 9th, 1815. Regulatious for the Navigation of the Moselle and the Meuse were to be drawn up by those Meinbers of the CENTRAL COMMISSION of the Rhine, whose Governments should have possessions on the banks of those rivers. By Art. 9 of the Treaty of London, November 15th, 1831, the provisions of Arts. 108 to 117 of the Vienna Congress Treaty, were "applied to those navigable rivers which separate the Belgian and the Dutch territories, or which traverse them both." It was decided that the Scheldt below Antwerp should be subject to a joint superintendence of Commissioners, appointed on both sides for this purpose. By the same Article, Commissioners were also appointed to meet at Antwerp, in the space of one month, to regulate the tolls. This Treaty was cancelled by Treaties of April 19th, 1839, but the above provisions were confirmed by Art. 9, Sects. 1 and 6 of the Annex to the Treaty of that date, signed at London, between the Powers and the Netherlands. The Regulations between Belgium and the Netherlands for the Navigation of the Scheldt were drawn up in October, 1839, but they were cancelled by the Regulations of May 20th, 1843. The Scheldt Toll was redeemed by the Treaty between Great Britain, etc., and Belgium, of July 16th, 1863.

(a)-References: Hertslet, Map of Europe, etc., I. 75-90, 269-272, II. 848-855, III. 1850; State Papers, II. 3, 162, XVIII. 1076, LIX. 470; Moore, V. 4851-4852; Schoell, III. 356, 497.

(b)-References: Hertslet, Map of Europe, etc., I. 76, 91-93, 269-272, II. 863, 864, 986, 987, III. 1532, 1550, 1561; State Papers, II. 3, 162, XVIII. 646, XXVII. 990, LIII. 8, 15; Moore, V. 4851, 4852; Schoell, III. 497; Parl. Papers, House of Commons, 1864, III., 1865, XCIII.

240. PRUSSIA and SAXONY, in 1815. The Elbe. By the Treaty between Prussia (Austria and Russia) and Saxony, of May 18th, 1815, provision was made (Art. 17) for the creation of a MIXED COMMISSION to regulate the navigation of the Elbe, in accordance with the general principles adopted at the Congress of Vienna, and embodied in the Regulations of March, 1815, for the free navigation of rivers. This Commission ended its labours June 23rd, 1821, in the Treaty of that date, which was signed at Dresden, between Austria, Denmark, Great Britain, Prussia, Saxony, Hanover, Mecklenburg-Schwerin, Hamburg, etc., relative to the free navigation of the Elbe, and in which that river, from the point at which it becomes navigable down to the open sea, and vice versa, was declared to be" entirely free with respect to commerce.” To secure this end various stipulations were made, including a provision for the appointinent (Art. 30) of a COMMISSION OF REVISION, whose members should be appointed by the States bordering on the river-each State sending one member-and whose object and powers should be "to watch over the due observance of the present Convention; to form itself into a Committee for the settlement of any differences which may arise between the States bordering on the river, and to determine upon the measures which by experience may be found to be necessary to the improvement of commerce and navigation." The first Commission was to assemble at Hamburg at the expiration of one year from the day on which the Convention should begin to operate, and before closing its sittings the Commission should determine upon the period and place at which the next Commission should assemble. By a Convention, signed at Dresden, April 13th, 1844, the Brunshausen (Stade) Toll was referred to this Commission. The Stade Toll was abolished by a Treaty dated June 22nd, 1861. The Elbe Duties were abolished by a Treaty, dated June 22nd,

1870.

References: Hertslet, Map of Europe, etc., I. 75-93, 141, 671-692, II. 1036, 1037, 1471-1480; Brit. and For. State Papers, ÎI. 84, 162, VIII. 953, XXXIÍ, 20, LI. 27-33; Moore, V. 4852; N.R., V. 714: Neumann, III. 613, IV. 608; Martens-Murhard, VI. 370. 386; Calvo, 1. 370; Schoell, III. 396.

241. ALLIED POWERS and FRANCE, in 1815. Claims upon the Revenue of the Navigation of the Rhine. By certain Articles in the Recez of February 25th, 1803, thes revenues were assigned to individuals. Art. 28 of the Regulations for the Free Navigation of Rivers, signed at Vienna, March, 1815, stipulated that the settlement of these should "be entrusted to a COMMISSION, composed of five persons, whom the Court of Vienna, at the desire of the German Government, joint possessors of the bank of the river," should nominate. Consequently, the Court of Vienna appointed a Commission, composed of Baron Pufendorf, baron Bartenstein, and Baron Gaertner (Ex-Aulic Councillors of the Empire), and Messieurs Rademacher and Von Breuning (Imperial Aulic Councillors). This Commission made its final Award in regard to the various Claims on March 26th, 1816. References Schoell, III. 453; Hertslet, Map of Europe, etc., I. 87; Staats Archiv des deutschen Bundes, I. 519; State Papers, II. 162.

242. POLAND, etc., and SAXONY, in 1815. By Art. 24 of the Territorial Treaty between Prussia (Austria and Russia) and Saxony, signed at Vienna, May 18th, 1815 (which formed Annex 4 to the Vienna Congress Treaty of June 9th, 1815), the claims of Saxony to a sum of 2,550,193 florins, claimed as having been transferred from the Treasury of Saxony into that of the Duchy of Warsaw, were referred to the COMMISSION OF LIQUIDATION, composed of Russian, Austrian, and Prussian Commissioners, which, as stipulated by the Treaty, signed May 3rd, 1815, between these Powers, was to meet immediately at Warsaw, and the King of Saxony was declared at liberty to send an accredited Commissioner on his part to assist in their deliberations.

References: Hertslet, Map of Europe, etc., I. 144; State Papers, II. 84; Schoell, III. 396, Recueil de pièces officielles, VIII. 181.

243. HANOVER and PRUSSIA, in 1815. The River Ems. Art. 5 of the Treaty between Prussia and Hanover, signed at Vienna, May 29th, 1815, which formed Annex 6 to the Vienna Congress Treaty of June 9th, 1815, the Article in question forming Art. 30 of that Treaty, stipulated that the Hanoverian

Government would execute at its own expense, during the years 1815 and 1816, the works which a MIXED COMMISSION, composed partly of artists, and to be immediately appointed by Prus-ia and Hanover, should deem necessary to render navigable that part of the river Ems which extends from the Prussian frontier to its mouth, and to keep it, after the execution of such works, always in the same state in which those works shall have placed it for the benefit of navigation.

References: Hertslet, Map of Europe, etc., I. 173-175, 231-233; State Papers, II.

3, 94.

244. NAVIGATION OF THE RIVER PO, in 1815. (a)—The ALLIED POWERS and FRANCE, in 1815. The Treaty of the Vienna Congress, June 9th, 1815 (Art. 96), provided that the general principles adopted by the Congress of Vienna for the Navigation of Rivers should be applied to that of the Po, and that COMMISSIONERS should be appointed by the States bordering on it to regulate all that concerned its navigation.

(b)--AUSTRIA, MODENA, and PARMA, in 1849. The Treaty between the Governments of Austria, Modena, and Parma, on the Free Navigation of the River Po, signed at Milan, July 3rd, 1849, and duly ratified by each of the Powers in the same year, provided (Art. 1) that the Navigation of the Po should be free and exempt from all burden as far as the Adriatic Sea, and that in like manner the navigation of the streams joining the Po below the mouth of the Ticino should also be free. It also (Arts. 5-24) provided for the appointment and the duties of a suitable COMMISSION OF MANAGEMENT, consisting of four members and a president, who, as well as one of the Commissioners, should be named by Austria, and the three other Commissioners, one by each State. The Pope acceded to this Treaty on February 12th, 1850. These arrangements, which were confirmed by the Treaty of Zurich, November 10th, 1859, governed the Navigation of the Po until the Peace of Vienna of 1866, and placed that river under the exclusive control of the Italian Monarchy.

(a)-References: Hertslet, Map of Europe, etc., I. 264; State Papers, II.3; Moore, V. 4851, 4852; Schoell, III. 491, Recueil de pièces officielles, VIII.

(b)-References: Hertslet, Map of Europe, etc., II. 1095-1103, 1112-1114, 1123, III. 1749-1759; State Papers, LVI. 700; De Clercq, VII. 643; N.R.G., III. pte. II. 516; Savoie, VIII. 697; Angeberg, Le Congrès, p. 1838; Moore, V. 4852.

245. NETHERLANDS and PRUSSIA, in 1815. By Art. 9 of the Treaty between the Allied Powers and the Netherlands, signed at Vienna, May 31st, 1815 (forming Annex 10 to the Vienna Congress Treaty of June 9th, 1815), it was stipulated that a JOINT COMMISSION should be immediately appointed by the Kings of Prussia and of the Netherlands, to settle the concerns of the ceded Possessions of the House of Nassau. This Article was included in the Treaty between Prussia and Nassau, May 31st, 1815, Art. 17.

References: Hertslet, Map of Europe, etc., I. 182, 190; State Papers, II. 102, 137; R., XIII. 23; Schoell, III. 412, 416, Recueil de pièces officielles, VIII. 242.

246. PRUSSIA and SWEDEN, in 1815. By Art. 5 of the Treaty between Prussia and Sweden of June 7th, 1815, a JOINT COMMISSION was appointed to decide the terms and conditions of the payment of 3,500,000 Rix dollars by the former to the latter, for the Cession of Pomerania and Rügen.

References: Gesetzsamml. für die königl. Preussischen Staaten, 1817; Schoell, III. 420; Hertslet, Map of Europe, etc., III. 2064; State Papers, II. 975.

247. AUSTRIA, HESSE-DARMSTADT, and PRUSSIA, in 1815. Cession of Territory. By Art. 2 of the Territorial Convention between these States, signed at Vienna, June 10th, 1815, it was stipulated that "COMMISSIONERS shall be appointed without delay, on the part of His Majesty the Emperor of Austria, and of His Royal Highness" (the Grand Duke of Hesse), "to settle the Valuation and the Limits of the said territory, and to regulate everything bearing upon the execution of the present Article "-which provided for the Cession of Territory of the left bank of the Rhine to the Grand Duke of Hesse.

References: State Papers, II. 831; Hertslet, Map of Europe, etc., I. 279.

248. PRUSSIA and SAXE-WEIMAR, in 1815. A COMMISSION was appointed by both signatory Parties, under Art. 13 of the Territorial Treaty signed at Paris, September 22nd, 1815, to settle various matters under the Treaty connected with the reciprocal cession of territory. This Commission was to assemble at Weimar immediately after the territorial transfer, in order to complete the work in the shortest possible time.

References: R. XIV.; Schoell, III. 418; Hertslet, Map of Europe, etc., I. 311, 312; State Papers, II. 944.

249. HANOVER and PRUSSIA, in 1815. A JOINT COMMISSION was appointed, under Art. 3 of the Territorial Treaty between these Kingdoms, signed at Paris on September 23rd, 1815. It was to meet at Hanover as soon as possible, and proceed uninterruptedly for the valuation of the exchanges of Territory made by them.

References: R., XIII. 652; Schoell, III. 416; Hertslet, Map of Europe, etc., I. 314, 315.

250. ALLIED POWERS and FRANCE, in 1815. Art. 11 of the Convention between Great Britain (Austria, Prussia, and Russia) and France, relative to the Pecuniary Indemnity to be paid by France to the Allied Powers, which was signed at Paris, November 20th, 1815, and which was annexed to the Definitive Treaty of the same date (see Art. 4), provided that "there shall be a MIXED COMMISSION, Composed of an equal number on both sides of Allied and French Commissioners, who shall examine every six months the state of the payments, and shall regulate the balance. A further Convention between these Powers, signed at Aix-la-Chapelle, October 9th, 1818, and a Protocol signed at Aix-laChapelle, November 3rd, 1818, regulated the close of this payment.

References: Hertslet, Map of Europe, etc., I. 347, 354, 557-562; State Papers, III. 280, 293, VI. 6, 11.

251. SARDINIA and SWITZERLAND, in 1816. By Art. 20 of the Treaty between Sardinia, the Swiss Confederation, and the Canton of Geneva, signed at Turin, March 16th, 1816, it was stipulated that "His Majesty shall appoint two COMMISSIONERS who shall regulate and complete, with the least possible delay, in conjunction with two other Commissioners to be appointed by the Canton of Geneva, the liquidation of Debts owing to or by the ancient department of the Leman, as well as those connected with the relations which have existed between the two States."

References: State Papers, VII. 21; Hertslet, Map of Europe, etc., I. 421-432.

252. AUSTRIA and BAVARIA, in 1816. By Art. 5 of the Treaty of Teschau, May 13th, 1779, the Rivers Danube, Inn, and Salza, were declared to be common to the House of Austria and the Elector Palatine for the Navigation of their subjects. These stipulations were confirmed as to the Salza and Saale by the Treaty of Munich, between Austria and Bavaria, of April 14th, 1816. The General Principles agreed upon by the Congress of Vienna, and embodied in the Regulations for the Navigation of Rivers, signed at Vienna, March, 1815 (which provided for the appointment of a Commission of Management), were by Art. 9 of the above Treaty of Munich, applied to the Navigation of the Rivers Salza and Saale, as far as these rivers separate the two Countries.

References: Hertslet, Map of Europe, etc., I. 75-78, 439; Schoell, III. 555; State Papers, VII. 63; Moore, V. 4853.

253. AUSTRIA and BAVARIA, in 1816. By Arts. 20 and 21 of the Treaty of Munich, April 14th, 1816, it was stipulated that a SPECIAL COMMISSION should be immediately appointed, composed of an equal number of individuals on both sides," charged with the liquidation of Claims arising out of the transfer of territory, and with the regulation of all ancient Grants and clearing of the Forests of the Valley of the Saale. This Commission was to meet at Salzburg, and to terminate its labours in the space of six months.

References: State Papers, II. 162, VII. 63; Hertslet, Map of Europe, etc., I. 142; Schoell, III. 555.