[Vienna Congress Treaty.] sent, all that regards its navigation. For this purpose they will name Commissioners, who shall assemble, at latest, within 6 months after the termination of the Congress, and who shall adopt, as the bases of their proceedings, the Principles established by the following Articles. Rivers: Freedom of Navigation. ART. CIX. The navigation of the Rivers, along their whole course, referred to in the preceding Article, 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; it being understood that the Regulations established with regard to the Police of this navigation shall be respected, as they will be framed alike for all, and as favourable as possible to the Commerce of all nations. Rivers: Uniformity of System for Collection of Dues. ART. CX. The system that shall be established both for the collection of the Duties and for the maintenance of the Police, shall be, as nearly as possible, the same along the whole course of the River; and shall also extend, unless particular circumstances prevent it, to those of its Branches and Junctions, which, in their navigable course, separate or traverse different States. Rivers: Regulation of Tariff. ART. CXI. The Duties on navigation shall be regulated in an uniform and settled manner, and with as little reference as possible to the different quality of the merchandize, in order that a minute examination of the cargo may be rendered unnecessary, except with a view to prevent fraud and evasion. The amount of the Duties, which shall in no case exceed those now paid, shall be determined by local circumstances, which scarcely allow of a general rule in this respect. The Tariff shall, however, be prepared in such a manner as to encourage commerce by facilitating navigation; for which purpose the Duties established upon the Rhine, and now in force on that River, may serve as an approximating rule for its construction. The Tariff once settled, no increase shall take place therein, except by the common consent of the States bordering on the Rivers; nor shall the navigation be burdened with any other Duties than those fixed in the Regulation (No. 11). Rivers: Offices for Collection of Dues. ART. CXII. The Offices for the collection of Duties, the number [Vienna Congress Treaty.] of which shall be reduced as much as possible, shall be determined upon in the above Regulation, and no change shall afterwards be made, but by common consent, unless any of the States bordering on the Rivers should wish to diminish the number of those which exclusively belong to the same. Rivers: Towing Paths. ART. CXIII. Each State bordering on the Rivers is to be at the expense of keeping in good repair the Towing Paths which pass through its territory, and of maintaining the necessary works through the same extent in the channels of the river, in order that no obstacle may be experienced to the navigation. Rivers: Duties of Riverain States. The intended Regulation shall determine the manner in which the States bordering on the Rivers are to participate in these latter works, where the opposite banks belong to different Governments. Rivers: Port and Harbour Duties. ART. CXIV. There shall nowhere be established Store-house, Port, or Forced Harbour Duties (Droits d'étape, d'échelle et de relâche forcée). Those already existing shall be preserved for such time only, as the States bordering on Rivers (without regard to the local interest of the place or the country where they are established) shall find them necessary or useful to navigation and commerce in general. Rivers: Custom-Houses. ART. CXV. The Custom-Houses belonging to the States bordering on Rivers shall not interfere in the duties of navigation. Regulations shall be established to prevent officers of the Customs, in the exercise of their functions, throwing obstacles in the way of the navigation; but care shall be taken, by means of a strict Police on the bank, to preclude every attempt of the inhabitants to smuggle goods, through the medium of boatmen. Rivers: Regulations to be settled by a General Arrangement. ART. CXVI. Everything expressed in the preceding Articles shall be settled by a general arrangement, in which there shall also be comprised whatever may need an ulterior determination (No. 11). The arrangement once settled, shall not be changed, but by and with the consent of all the States bordering on Rivers, and [Vienna Congress Treaty.] they shall take care to provide for its execution with due regard to circumstances and locality. Rivers: Confirmation of the Particular Regulations relative to the Navigation of the Rhine, Neckar, Moselle, Meuse, and Scheldt. ART. CXVII. The Particular Regulations relative to the navigation of the Rhine, the Neckar, the Maine, the Moselle, the Meuse, and the Scheldt," such as they are annexed to the present Act (No. 11), shall have the same force and validity as if they were textually inserted herein. Confirmation of Treaties and Particular Acts annexed to the General Treaty. ART. CXVIII. The Treaties, Conventions, Declarations, Regulations, and other particular Acts which are annexed to the present Act, viz. ; 1. The Treaty between Russia and Austria, relative to Poland, of the 21st April, 1815, No. 12 ; 3rd May 2. The Treaty between Russia and Prussia, relative to Poland, 3. The Additional Treaty, relative to Cracow, between Austria, Prussia, and Russia, of the 21st April, 1815, No. 14; 3rd May ' 4. The Treaty between Prussia (Austria and Russia) and Saxony of the 18th May, 1815, No. 16; 5. The Declaration of the King of Saxony respecting the rights of the House of Schoenburg, of the 18th May, 1815, No. 17 ; 6. The Treaty between Prussia and Hanover, of the 29th May, 1815, No. 21; 7. The Convention between Prussia and the Grand Duke of Saxe-Weimar, of the 1st June, 1815, No 24; 8. The Convention between Prussia and the Duke and Prince of Nassau, of the 31st May, 1815, No. 23; 9. The Act concerning the Federative Constitution of Germany, of the 8th June, 1815, No. 26; 10. The Treaty between the King of the Netherlands, and Prussia, England, Austria, and Russia, of the 31st May, 1815, No. 22; 11. The Declaration of the (8) Powers on the Affairs of the * The Scheldt Toll was redeemed by the Treaties between Great Britain and Belgium of 16th July and 3rd August, 1863. + See Treaties between Prussia and Schwartzburg-Sondershausen of 15th June, 1815, and between Prussia and Schwartzburg-Rudolstadt of 19th June 1816. [Vienna Congress Treaty.] Helvetic Confederation of the 20th March, No. 9; and the Act of Accession of the Diet of the 27th May, 1815, No. 20; 12. The Protocol of the 29th March, 1815, on the Cessions made by the King of Sardinia to the Canton of Geneva, No. 10; 13. The Treaty between the King of Sardinia, Austria, England, Russia, Prussia, and France, of the 20th May, 1815, No. 19; 14. The Act entitled "Conditions which are to serve as the Basis of the Union of the States of Genoa with those of His Sardinian Majesty;" No. 19. 15. The Declaration of the 8 Powers on the Abolition of the Slave Trade, of the 8th February, 1815, No. 7; 16. The Regulations respecting the Free Navigation of Rivers, No. 11; 17. The Regulation concerning the Precedence of Diplomatic Agents, No. 8; Shall be considered as integral parts of the Arrangements of the Congress, and shall have, throughout, the same force and validity as if they were inserted, word for word, in the General Treaty. Invitation to Accede to the General Treaty addressed to the Powers assembled in Congress. ART. CXIX. All the Powers assembled in Congress, as well as the Princes and Free Towns, who have concurred in the arrangements specified, and in the Acts confirmed, in this General Treaty, are invited to accede to it. Reservations as to the use of the French Language in the drawing up of this Act. ART. CXX. The French Language having been exclusively employed in all the copies of the present Treaty, it is declared, by the Powers who have concurred in this Act, that the use made of that Language shall not be construed into a Precedent for the future; every Power, therefore, reserves to itself the adoption in future Negociations and Conventions, of the Language it has heretofore employed in its diplomatic relations; and this Treaty shall not be cited as a Precedent contrary to the established practice. Ratification of the Treaty and Deposition of the Original in the Archives of the Court and State of Vienna. ART. CXXI. The present Treaty shall be ratified, and the Ratifications exchanged in six months, and by the Court of Portugal in a year, or sooner, if possible. [Vienna Congress Treaty.] A copy of this General Treaty shall be deposited in the Archives of the Court and State of His Imperial and Royal Apostolic Majesty, at Vienna, in case any of the Courts of Europe shall think proper to consult the original text of this Instrument. In faith of which the respective Plenipotentiaries have signed this Act, and have affixed thereunto the Seals of their Arms. Done at Vienna, the 9th of June, in the year of Our Lord, 1815. (The Signatures follow in the Alphabetical Order of the Courts.) AUSTRIA, (L.S.) LE PRINCE DE METTERNICH. (L.S.) LE BARON DE WESSENBERG. (ESPAGNE)* SPAIN. FRANCE, (L.S.) LE PRINCE DE TALLEY RAND. (L.S.) LE DUKE D'ALBERG. (L.S.) LE COMTE ALEXIS DE NOAILLES. (L.S.) LE COMTE DE PALMELLA. (L.S.) ANTONIO DE SALDANHA DA GAMA. (L.S.) D. JOAQUIM LOBO DA SILVEIRA. PRUSSIA, (L.S.) LE PRINCE DE HARDENBERG. (L.S.) LE BARON DE HUMBOLDT. RUSSIA, (L.S.) LE PRINCE DE RASOUMOFFSKY. SWEDEN, (L.S.) LE COMTE CHARLES-AXEL DE LOWENHIELM. (Save and except the reservation made to the Articles CI, CII, and CIV of the Treaty.†) Spain did not sign this Treaty, but she acceded to it by an Act dated 7th June, 1817. See also Treaty between the 5 Powers and Spain of 10th June, 1817. + See Protocol, 18th June, 1815. |