[Navigation of Rivers-Necker, &c.]

ARTICLES concerning the Navigation of the Necker, the Mayne, the Moselle, the Meuse, and the Scheldt.*

Freedom of Navigation.

ART. I. The same Freedom of Navigation that has been granted for the Rhine, shall be extended to the Necker, the Mayne, the Moselle, the Meuse, and the Scheldt, from the point where each of them becomes navigable, to their mouths.

Storehouse and Harbour Duties on the Necker and Mayne abolished.

ART. II. Storehouse and forced Harbour Duties, on the Necker and the Mayne, are and shall continue abolished, and all qualified watermen shall be allowed to navigate along the whole extent of these Rivers, in the same manner that such liberty has been restored by Article XIX, on the Rhine.

Duties on the Necker and Mayne.

ART. III. The Tolls levied on the Necker and the Mayne shall not be increased; on the contrary, the Governments, joint possessors of the bank, engage to reduce them, in case they should exceed the Tariffs in use in 1802, to the rates of those Tariffs. They likewise engage not to burthen navigation by any new imposts whatever, and will meet, as soon as possible, to arrange a Tariff as similar to the duties levied on the Rhine, as circumstances may permit.

Duties on the Moselle and Meuse.

ART. IV. The Duties now levied on the Moselle and the Meuse, in pursuance of the decree of the French Government of the 12th November, 1806, and of the 10th Brumaire of the year 14, shall not be increased; on the contrary, the Governments, joint possessors of the bank, engage to reduce them, in case they are higher than those levied on the Rhine, to the same rate.

New Regulations to be framed.

This engagement not to increase the present Tariffs, refers, however, only to the amount and maximum of duties; the Governments expressly reserving to themselves the power of fixing, by new Regulations, everything relative to the division into different classes of such merchandise as is subject to a lower Tariff; to the difference now established for passing up and down the River at the Custom-houses; to the mode of collection; to the police of * The Scheldt Toll was redeemed by the Treaty between Great Britain, &c., and Belgium, of 16th July, 1863.

[Navigation of Rivers-Necker, &c.]

the navigation; or to any other subject requiring ulterior determination.

This Regulation shall be made to correspond, as nearly as possible, with that of the Rhine; and the better to insure such uniformity, it shall be drawn up by those Members of the Central Commission of the Rhine, whose Governments shall also have possessions on the banks of the Moselle and the Meuse.

No increase shall take place in the Tariff to be finally settled by the new Regulation unless a similar increase shall be considered necessary on the Rhine, and that only in the same proportion; and no other part of the regulation shall be altered but by common consent.

Repair of Towing-paths.

ART. V. The States of the Rivers specified in Article I, engage to keep the Towing-paths in repair, as well as the necessary works in the beds of the Rivers, in the same manner as agreed upon in Article VII for the Rhine.

Rights of Navigation on the Rhine and on the Necker, Moselle, and

Meuse, by Subjects of either State.

ART. VI. The subjects of the States of the Rivers Necker, the Mayne, and the Moselle, shall enjoy the same Rights of Navigation on the Rhine, and Prussian subjects on the Meuse, as the subjects of the States of the last two Rivers; paying due regard, however, to the regulations therein established.

Future Regulation of the Navigation of the Scheldt.

ART. VII. Everything relating to the Navigation of the Scheldt, which may need ulterior arrangement, besides the freedom of Navigation on this River, specified in Article I, shall be definitively regulated in a manner the most favourable to Commerce and Navigation, and the most analogous to the regulations established on the Rhine.

D'ALBERG.

COUNT KELLER.

CLANCARTY.

WREDE.

TURCKHEIM.

DANZ.

BERCKHEIM.

DE MARSCHALL.

SPAEN.

THE BARON LINDEN, subject to the approbation of His Majesty the King.

WESSENBERG.

[Navigation of Rivers, &c.]

For Treaties, &c., relative to Free Navigation of other Rivers,

see:

Treaty between Great Britain, Prussia, &c., respecting the Navigation of the Elbe, of 23rd June, 1821.

[The Elbe Duties were abolished by a Treaty between Austria and Germany, of 22nd June, 1870.]

Convention between the 5 Powers and Turkey, relative to the Passage of the Dardanelles and Bosphorus, of 13th July, 1841; and Treaty of 31st March, 1871.

Convention between the Elbe bordering States, respecting the Stade or Brunshausen Toll, of 13th April, 1844.

Treaty between Austria, Modena, and Bavaria, respecting the Navigation of the Po, of 3rd July, 1849.

Treaty between the European Powers, respecting the Navigation of the Danube, of 30th March, 1856.

Treaty between Austria, Prussia, and the United Principalities, respecting the Navigation of the Pruth, of 3rd December, 1866; and Regulations of April, 1870.

15th

Treaties between Great Britain, &c., and Denmark, for the redemption of the Sound Dues, of 14th March, 1857.

Treaty between the European Powers, respecting the Navigation of the Black Sea and Danube, of 13th March, 1871.

See also Index to Subjects (Rivers, &c.) in Hertslet's Treaties, vol. xii, p. 130.

[Poland.]

No. 12.-TREATY between Austria and Russia, relative to

Poland. Signed at Vienna,

Signed at Vienna, 21st April, 1815.

3rd May '

[This Treaty formed Annex I to the Vienna Congress Treaty of 9th June, 1815, No. 27.]

Preamble. Consolidation of the Welfare of the Poles.

1. Restitution by Russia to Austria of Districts separated from Eastern Galicia.

2. Wieliczka and its Salt Mines to be possessed by Austria.

3. Frontier between Galicia and Russia.

4. Cracow declared to be a Free Town under the protection of Austria, Prussia, and Russia.

5. Part of Duchy of Warsaw to be united to Russia. Title of King of Poland to be borne by the Czar. Poles to receive Representative and National Institutions.

6. Emigration. Inhabitants and Landowners free to leave the Country and sell their Property.

7. Poland. General Amnesty.

8. Poland. Sequestrations to be removed. Prosecutions to be Annulled. 9. Poland. Exceptions to preceding Article.

10. Condition of Mixed Subjects as to Property.

11. Declaration as to intention of Domicile of Mixed Subjects.

12. Declaration to be made by Guardians of Minors.

13. Neglect to make Declaration.

14. Term within which New Declaration can be made.

15. Sale or Transfer of Property of Mixed Subjects.

16. Limitation to Sale or Transfer of Property.

17. Acquisition of Property by Inheritance, &c.

18. Declaration to be made by Persons acquiring Property by Inheritance, &c.

19. Freedom of Mixed Subjects to pass from one to the other State.

20. Privileges of Proprietors of Estates divided by the Frontier.

21. Privileges of Shepherds and Drovers.

22. Legal Jurisdiction.

23. Sovereignty over Mills, &c., on Frontier Rivers.

24. Freedom and Navigation of Rivers and Canals.

25. Duties on Navigation.

26. Commissioners to regulate Duties on. Navigation.

27. Duration of Commission.

28. Liberty of Transit between Brody and Odessa.

29. Commissioners to regulate Tariffs.

30. Payment by Russia to Austria on account of Ancient Polish Debt.

* By a Russian Manifesto of 14th February, 1832, the Kingdom of Poland was declared to be perpetually united to the Russian Empire, and to form an integral part thereof. The British Government protested against this Manifesto on the 3rd July, 1832, as being an infraction of the Vienna Congress Treaty.

31. Renunciation by Austria of all other Loans and Debts.

32. Mode of Payment on account of Ancient Polish Debt.

33. Austria to provide for one-ninth part of New Debts of Duchy of Warsaw. 31. Appointment of Commission to regulate the Balances due by Foreign States to the Accounts of respective claims of Contracting Parties, and the claims of subjects against their Governments.

35. Appointment of Committee for the Restitution of all Securities. 36. Restitution of Documents, Plans, Maps, or Deeds. Certified Copies of all Documents of Common Interest.

37. Delivery of Acts of Government, Mortgage, Books, and Deeds. 38. Appointment of Commission to construct Map of New Frontier. 39. Continuation of Contract for Salt.

40. Delivery of Provinces to Austria.

41. Ratifications.

(Translation as laid before Parliament.*)

Preamble. Consolidation of the Welfare of the Poles.

In the name of the Most Holy and Undivided Trinity. IIIs Majesty the Emperor of All the Russias, His Majesty the Emperor of Austria, and His Majesty the King of Prussia, being equally desirous of coming to an amicable understanding upon the measures most proper to adopt for consolidating the welfare of the Polish people, in the new relations in which they are placed by the changes effected in the fate of the Duchy of Warsaw; and wishing at the same time to extend the effects of this benevolent disposition to the Provinces and Districts which composed the ancient kingdom of Poland, by means of such liberal arrangements as circumstances have permitted, and by placing the intercourse of the inhabitants, in respect to commerce, upon the most advantageous footing; have agreed to conclude two separate Treaties, one between Russia and Austria, and the other between the former Power and Prussia, in order to comprise therein, the general engagements common to the three Powers, as well as the stipulations which concern them individually. Their Imperial Majesties have for this purpose named, for their separate Treaty, the following Plenipotentiaries :

His Majesty the Emperor of All the Russias, the Sieur Andrew, Count de Rasoumoffsky, his principal Plenipotentiary at the Congress.

And His Majesty the Emperor of Austria, the Sieur ClementVenceslas-Lothaire, Prince de Metternich-Winnebourg-Ochsenhausen, intimate and actual Councillor of His Majesty the Em* For French version, see State Papers, vol, ii, p. 56.