[Luxemburg, &c.]

No. 64.-TREATY between Prussia and the Netherlands. Signed at Frankfort, 8th November, 1816.

[This Treaty formed Annex IV. of the General Treaty of Frankfort of 20th July, 1819.]

Preamble. Reference to Treaty of 20th November, 1815.

1. Sovereignty of the Netherlands over Belgic Provinces of the Bishopric of Liège and the Duchy of Bouillon. Boundaries. Fortresses of Philippeville and Marienburg.

2. Pecuniary Indemnity. Indemnity to be employed for Defence of Frontiers.

3. Relinquishment of Claim to Indemnification under Treaty of 20th Nov. 1815. Indemnity to be divided between Austria and Prussia.

4. Fortress of Luxemburg to be a Fortress of the Germanic Confederation. 5. Prussia to appoint Governor and Commandant of Fortress of Luxemburg. Composition of Garrison.

6. Civil Government over City and Fortress of Luxemburg vested in King of the Netherlands' Police. Powers of Military Governor in case of War. 7. Composition of the Burgher Guard. Burgher Guard under orders of Governor of Fortress.

8. Powers of Governor of Fortress in case of War.

9. Number of Troops for Garrison of Fortress.

10. Appointment of Commandants of Artillery and of Engineers of the Fortress. Duties of Commandant of Artillery. Duties of Artillery Officer of the Netherlands. Duties of Commandant of Engineers and Engineer in service of the Netherlands. Mixed Commission to decide differences.

11. Free exercise of Religion by Prussian Garrison.

12. Formation of Militia under orders of Military Governor.

13. Repairs of Fortifications. Funds to be entrusted to a mixed Commission. 14. Supply of Provisions and Hospital Stores. Military Stores in time of War. 15. Creation of a Fund of Endowment.

16. Maintenance of Fortress of Luxemburg to be settled by the Diet of the Germanic Confederation.

17. Custom-Houses not to be interrupted by Passage of Troops.

18. Letters for Prussian Garrison free of Postage. Freedom from Turnpike Ducs. 19. Military Roads. Supplies to Troops passing to or from Fortress of

Luxemburg.

20. Confirmation of Treaties of 31st May and 9th June, 1815.

21. Ratifications.

(Translation as laid before Parliament.*)

In the Name of the Most Holy and Undivided Trinity.

Preamble. Reference to Treaty of 20th November, 1815. His Majesty the King of Prussia and His Majesty the King of the Netherlands, Grand Duke of Luxemburg, desiring with one For French version, see "State Papers," vol. vii., p. 40.

[Luxemburg, &c.]

accord, in concert with their Majesties the Emperor of Austria, the King of the United Kingdom of Great Britain and Ireland, and the Emperor of all the Russias, to give effect by a Separate Treaty, to the Articles and Stipulations of the Treaty of Peace, concluded at Paris the 20th of November, 1815 (No. 40), as well those which regard the Kingdom of the Netherlands, as those which concern the Grand Duchy of Luxemburg; His Majesty the King of the Netherlands, in his twofold quality of King and Grand Duke, and their Majesties aforesaid, wishing to apply them to all that may regard their reciprocal interests, and to consolidate the arrangements resulting therefrom, have appointed the following Plenipotentiaries for that purpose, viz.:

His Majesty the King of Prussia, the Sieur Charles William Baron De Humboldt, His Minister of State and Chamberlain, &c. :

And His Majesty the King of the Netherlands, Grand Duke of Luxemburg, the Sieur John Christopher Ernest Baron De Gagern, His Envoy Extraordinary and Minister Plenipotentiary at the Germanic Diet, and at the Free City of Frankfort, &c. : Who after having exchanged their Full Powers and found them in good and due form, have agreed to, concluded, and signed the following Articles:

Sovereignty of the Netherlands over Belgic Provinces of the Bishopric of Liège and the Duchy of Bouillon.

ART. I. His Majesty the King of the Netherlands, Grand Duke of Luxemburg, shall possess, for Himself, His Descendants and Successors, in full Property and Sovereignty, all the Districts which, having in 1790 formed part of the former Belgic Provinces of the Bishopric of Liège and the Duchy of Bouillon, were ceded by France to the Allied Powers, by the Treaty concluded at Paris the 20th of November, 1815 (No. 40); as well as the enclosed Territories (enclavés) and the Fortresses of Philippeville and Marienburg, ceded by the same Treaty.

Boundaries. Fortresses of Philippeville and Marienburg.

According to this arrangement the Boundaries of the States of His Majesty the King of the Netherlands, Grand Duke of Luxemburg, and those of France, shall remain as they were fixed by the Treaty of Peace of Paris of the 30th of May, 1814 (No. 1), from the North Sea as far as opposite Quievrain.

From Quievrain the line of demarkation shall follow the See Treaties of 16th November, 1816; 12th March, 1817; and 17th April, 1817.

[Luxemburg, &c.]

ancient exterior Limits of the former Belgic Provinces of the Bishopric of Liège, and Duchy of Bouillon, as far as Villers, near Orval, the same as they were in 1790, including the whole of those countries, and especially the Fortresses and Territories of Philippeville and Marienburg, conformably to the Stipulations of Article I. of the said Treaty of the 20th of November, 1815 (No. 40), without otherwise changing the Boundaries of the Kingdom of the Netherlands, and of the Grand Duchy of Luxemburg, which shall be preserved as they were fixed by the Treaty of Vienna of the 31st of May, 1815 (No. 22), which Treaty in all other points is fully confirmed.

Pecuniary Indemnity.

ART. II. A part of the Pecuniary Indemnifications which His Most Christian Majesty has engaged to pay by Article IV. of the Treaty of Paris of the 20th of November, 1815 (No. 40), being destined, in virtue of the Arrangements made between the Allied Powers at Paris, to strengthen the line of defence of the States which border upon France, His Majesty the King of the Netherlands, Grand Duke of Luxemburg, shall receive for that purpose the sum of 60,000,000 francs.

Indemnity to be employed for defence of Frontiers.

Ilis Majesty the King of the Netherlands, Grand Duke of Luxemburg, undertakes to employ this sum in the works necessary for the defence of the Frontiers of His States, conformably to the system adopted and agreed upon by the Allied Powers, according to the Protocol of the Conference of their Ministers of the 21st of November, 1815 (No. 48), annexed to the present Treaty, and which shall have the same force and validity as if it were inserted therein word for word.

Relinquishment of Claim to Indemnification under Treaty of 20th November, 1815.

ART. III. His Majesty the King of the Netherlands, Grand Duke of Luxemburg, justly appreciating the advantages which result from the preceding arrangements, as well in respect to the extension of His Territory, as to its means of defence, gives up, in reference to the sums stipulated in Article IV. of the Treaty of Paris of the 20th of November, 1815 (No. 40), the share which His Majesty might claim under the head of Indemnifications, and which was fixed by the Protocol of the Conference of the 20th of November, 1815, at the sum of 21,264,832 fr. 221 c.

[Luxemburg, &c.]

Indemnity to be divided between Austria and Prussia.

His Majesty agrees that this share shall serve to complete the Indemnifications to Austria and Prussia, and be divided in equal proportions between those Powers.

Fortress of Luxemburg to be a Fortress of the Germanic Con

federation.

ART. IV. Article III. of the Treaty concluded at Vienna the 31st of May, 1815 (No. 22), and Article LXVII. of the Act of the Congress of Vienna (No. 27), having stipulated that the Fortress of Luxemburg should be considered a Fortress of the Germanic Confederation, this stipulation is maintained and expressly confirmed by the present Convention. Nevertheless, His Majesty the King of Prussia, and His Majesty the King of the Netherlands, acting in His quality of Grand Duke of Luxemburg, wishing to adapt the remaining dispositions of the said Articles to the changes resulting from the Treaty of Paris of the 20th of November, 1815 (No. 40), and to provide in the most effectual manner for the combined defence of their respective States, have agreed to keep a joint (commune) garrison in the Fortress of Luxemburg; but that arrangement, made solely for a military object, shall not affect in any respect the right of Sovereignty of His Majesty the King of the Netherlands, Grand Duke of Luxemburg, over the city and Fortress of Luxemburg.

Prussia to appoint Governor and Commandant of Fortress of Luxemburg. Composition of Garrison.

ART. V. His Majesty the King of the Netherlands, Grand Duke of Luxemburg, concedes to His Majesty the King of Prussia, the right of appointing the Governor and the commandant of that Fortress, and agrees that the garrison in general, as well as each particular description of force, shall be composed of three fourths Prussian and one fourth Belgic troops (Troupes des Pays-Bas); thus relinquishing the right of appointment secured to His Majesty by Article LXVII. of the Act of the Congress of Vienna (No. 27). These troops shall be equipped and paid at the expence of their respective Governments, and victualled in like manner, unless the fortress should be declared in a state of siege, in which case the garrison shall be victualled from the magazines of the fortress, and be supplied with provisions according to the principles established by Article XIV.

[Luxemburg, &c.]

Civil Government over City and Fortress of Luxemburg vested in King of the Netherlands' Police.

ART. VI. The right of Sovereignty belonging in its fullest extent to His Majesty the King of the Netherlands, Grand Duke of Luxemburg, in the city and Fortress of Luxemburg, as well as throughout the remainder of the Grand Duchy, the Administration of Justice, the receipt of Duties and Taxes of every kind, as well as all other branches of Civil Administration, shall remain exclusively in the hands of His Majesty's Agents, and the Governor and Commandant shall lend them aid and assistance in case of need. On the other hand the Governor shall be vested with all the necessary powers to insure to him the free and independent exercise of his functions, conformably to his responsibility, and the Civil and Local Authorities shall be subordinate to him in everything which concerns the defence of the place.

Powers of Military Governor in case of War.

To avoid, however, all difference between the Military and Civil Powers, His Majesty the King of the Netherlands, Grand Duke of Luxemburg, shall appoint a special Commissioner to communicate between the Governor and the Civil Authorities, who shall receive the direction of the said Governor in affairs of Police, as far as they are connected with military matters and with the defence of the Fortress.

The Governor may also on his part appoint a person, conformably to the limitations aforementioned, and these two persons shall form a Mixed Commission: but in case of war or of either of the two Kingdoms of Prussia and the Netherlands being menaced with war, and the Fortress declared in a state of siege, the powers of the Governor shall be unlimited, except by the bounds of prudence, custom, and the law of nations. Finally, if the Diet of the Germanic Confederation should decide that the Governors and Commandants of the fortresses of the league should be sworn, the Governor and Commandant of the Fortress of Luxemburg shall take such oaths as may be prescribed by the Diet.

Composition of the Burgher Guard.

ART. VII. The Burgher guard of the city of Luxemburg shall, according to the law of the Kingdom of the Netherlands of the 28th of June 1815, consist of three out of every hundred of the whole population of the city, and shall not in any case, or