[Belgium and Holland.]

Van de Weyer, his Envoy Extraordinary and Minister Plenipotentiary to His Britannic Majesty ;

Who, after having exchanged their Full Powers, found in good and due form, have agreed upon and signed the following Articles:

Composition of Belgian Territory.

ART. I. The Belgian territory shall be composed of the provinces of South Brabant, Liege, Namur, Hainhault, West Flanders, East Flanders, Antwerp, and Limburg, such as they formed part of the United Kingdom of the Netherlands constituted in 1815, with the exception of those districts of the province of Limbourg which are designated in Article IV.

The Belgian territory shall, moreover, comprise that part of the Grand Duchy of Luxemburg which is specified in Article II.

Belgian Limits of Luxemburg.

ART. II. In the Grand Duchy of Luxemburg, the limits of the Belgian territory shall be such as will be hereinafter described:

*

Commencing from the frontier of France, between Rodange, which shall remain to the Grand Duchy of Luxemburg, and Athus, which shall belong to Belgium, there shall be drawn, according to the annexed Map, a line which, leaving to Belgium the road from Arlon to Longwy, the town of Arlon with its district, and the road from Arlon to Bastogne, shall pass between Mesancy, which shall be on the Belgian territory, and Clemancy, which shall remain to the Grand Duchy of Luxemburg, terminating at Steinfort, which place shall also remain to the Grand Duchy.

From Steinfort this line shall be continued in the direction of Eischen, Hecbus, Guirsch, Ober-Pallen, Grende, Nothomb, Parette, and Perlé, as far as Martelange: Hecbus, Guirsch, Grende, Nothomb, and Parette, being to belong to Belgium, and Eischen, Ober-Pallen, Perlé, and Martelange, to the Grand Duchy.

From Martelange the said line shall follow the course of the Sure, the water-way (thalweg) of which River shall serve as the limit between the two States, as far as opposite to Tintange, from whence it shall be continued, as directly as possible, towards the present frontier of the arrondissement of Diekirch, and shall pass between Surret, Harlange, and Tarchamps, which places shall be * See Map annexed to Treaty of 19th April, 1839.

[Belgium and Holland.]

left to the Grand Duchy of Luxemburg, and Honville, Livarchamp, and Loutremange, which places shall form part of the Belgian territory. Then having, in the vicinity of Doncols and Soulez, which shall remain to the Grand Duchy, reached the present boundary of the arrondissement of Diekirch, the line in question shall follow the said boundary to the frontier of the Prussian territory.

All the territories, towns, fortresses, and places situated to the west of this line, shall belong to Belgium; and all the territories, towns, fortresses, and places, situated to the east of the said line shall continue to belong to the Grand Duchy of Luxemburg.

It is understood, that, in marking out this line, and in conforming as closely as possible to the description of it given above, as well as to the delineation of it on the map, which, for the sake of greater clearness, is annexed to the present Article, the Commissioners of Demarcation, mentioned in Article VI, shall pay due attention to the localities, as well as to the mutual necessity for accommodation which may result therefrom.

Territorial Indemnity to Netherlands in Limburg.

ART. III. In return for the cessions made in the preceding Article, there shall be assigned to His Majesty the King of the Netherlands, Grand Duke of Luxemburg, a Territorial Indemnity in the province of Limburg.

Cessions made to Holland on the Meuse.

ART. IV. In execution of that part of Article I, which relates to the province of Limburg, and in consequence of the cessions specified in Article II, there shall be assigned to His Majesty the King of the Netherlands, either to be held by him in his character of Grand Duke of Luxemburg, or for the purpose of being united to Holland, those territories, the limits of which are hereinafter described:

1st. On the right bank of the Meuse: to the old Dutch enclaves upon the said bank in the province of Limburg, shall be united those districts of the said province upon the same bank, which did not belong to the States-General in 1790; in such wise that the whole of that part of the present province of Limburg, situated upon the right bank of the Meuse, and comprised between that River on the west, the frontier of the Prussian territory on

[Belgium and Holland.]

the east, the present frontier of the province of Liege on the south, and Dutch Guelderland on the north, shall henceforth belong to His Majesty the King of the Netherlands, either to be held by him in his character of Grand Duke of Luxemburg, or in order to be united to Holland.

2nd. On the left bank of the Meuse: commencing from the southernmost point of the Dutch province of North Brabant, there shall be drawn, according to the annexed Map, a line which shall terminate on the Meuse below Wessem, between that place and Stevenswaardt, at the point where the frontiers of the present arrondissement of Ruremonde and Maestricht meet, on the left bank of the Meuse; in such manner that Bergerot, Stamproy, Neer Itteren, Ittervoord, and Thorne, with their districts, as well as all the other places situated to the north of this line, shall form part of the Dutch territory.

The old Dutch enclaves in the province of Limburg, upon the left bank of the Meuse, shall belong to Belgium, with the exception of the town of Maestricht, which, together with a radius of territory extending 1,200 toises from the outer glacis of the fortress on the said bank of this River, shall continue to be possessed in full sovereignty and property by His Majesty the King of the Netherlands.

Netherlands to agree with Germanic Confederation and Nassau, relative to Territorial Cessions.

ART. V. It shall be reserved to His Majesty the King of the Netherlands, Grand Duke of Luxemburg, to come to an agreement with the Germanic Confederation, and with the Agnates of the House of Nassau, as to the application of the stipulations contained in Articles III and IV, as well as upon all the arrangements which the said Articles may render necessary, either with the above-mentioned Agnates of the House of Nassau, or with the Germanic Confederation.

Renunciation to Territories, &c., by Netherlands and Belgium.

ART. VI. In consideration of the territorial arrangements above stated, each of the two Parties renounces reciprocally, and for ever, all pretension to the territories, towns, fortresses, and places, situated within the limits of the possessions of the other Party, such as those limits are described in Articles I, II, and IV.

See Map annexed to Treaties of 19th April, 1839.

[Belgium and Holland.]

Boundary Commissioners.

The said limits shall be marked out in conformity with those Articles, by Belgian and Dutch Commissioners of Demarcation, who shall meet as soon as possible in the town of Maestricht.

Belgium to form an Independent and Neutral State.

ART. VII. Belgium, within the limits specified in Articles I, II, and IV, shall form an independent and perpetually Neutral State. It shall be bound to observe such Neutrality towards all other States.

Drainage of Waters of the two Flanders.

ART. VIII. The drainage of the waters of the two Flanders shall be regulated between Holland and Belgium, according to the stipulations. on this subject, contained in Article VI of the Definitive Treaty, concluded between His Majesty the Emperor of Germany and the States-General, on the 8th of November, 1785; and in conformity with the said Article, Commissioners, to be named on either side, shall make arrangements for the application of the provisions contained in it.

Free Navigation of Rivers.

ART. IX. The provisions of Articles CVIII to CXVII inclusive, of the General Act of the Congress of Vienna (No. 27), relative to the Free Navigation of navigable Rivers, shall be applied to those navigable Rivers which separate the Belgian and the Dutch territories, or which traverse them both.

Navigation of the Scheldt.

So far as regards specially the Navigation of the Scheldt, it shall be agreed that the pilotage and the buoying of its channel, as well as the conservation of the channels of the Scheldt below Antwerp, shall be subject to a joint superintendence; that this joint superintendence shall be exercised by Commissioners, to be appointed on both sides for this purpose; that moderate pilotage dues shall be fixed by mutual agreement; and that such dues shall be the same for the Dutch as for the Belgian commerce.

* See Appendix.

[Belgium and Holland.]

Navigation of Intermediate Channels between the Scheldt and the Rhine.

It is also agreed that the Navigation of the Intermediate Channels between the Scheldt and the Rhine, in order to proceed from Antwerp to the Rhine, and vice versa, shall continue reciprocally free, and that it shall be subject only to moderate tolls, which shall provisionally be the same for the commerce of the two countries.

Appointment of Commissioners. Amount of Tolls. Fishing.

Commissioners on both sides shall meet at Antwerp in the space of one month, as well to determine the definite and permanent amount of these Tolls, as to agree upon a general Regulation for the execution of the provisions of the present Article, and to include therein a provision for the exercise of the right of Fishing and of trading in fish, throughout the whole extent of the Scheldt, on a footing of perfect reciprocity in favour of the subjects of the

two countries.

River Tariffs.

In the mean time, and until the said Regulations shall be prepared, the Navigation of the navigable Rivers above mentioned shall remain free to the commerce of the two countries, which shall adopt provisionally, in this respect, the Tariffs of the Convention signed at Mayence on the 31st March, 1831 (No. 151), for the free Navigation of the Rhine, as well as the other provisions of that Convention, so far as they may be applicable to those navigable Rivers which divide the Dutch and Belgian territories, or traverse both.

Free use of Canals.

ART. X. The use of the Canals which traverse both countries shall continue to be free and common to the inhabitants of both. It is understood that they shall enjoy the use of the same reciprocally, and on equal conditions, and that on either side moderate duties only shall be levied upon the navigation of these Canals.

Commercial Communication through Maestricht and Sittard. ART. XI. The commercial communications through the town of Maestricht, and through Sittard, shall remain entirely free, and shall not be impeded under any pretext whatsoever.