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[Holland and Belgium. Luxemburg and Limburg.]

Netherlands, Grand Duke of Luxemburg, a Territorial Indemnity in the Province of Limburg.

Limits of Dutch Territory in Province of Limburg.

ART. IV. In execution of that part of Article I which relates to the Province of Limburg, and in consequence of the cessions which His Majesty the King of the Netherlands, Grand Duke of Luxemburg, makes in Article II, His said Majesty shall possess, 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 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 above Wessem, between that place and Stevenswaardt, at the point where the Frontiers of the present Arrondissements of Ruremonde and Maestricht meet, on the left bank of the Meuse; in such manner that Bergerot, Stamproy, Neer-Itteren, Ittervoordt, and Thorn, 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.

[Holland and Belgium. Luxemburg and Limburg.]

King of the Netherlands to come to an Agreement with Germanic Confederation and Nassau.

ART. V. His Majesty the King of the Netherlands, Grand Duke of Luxemburg, shall come to an Agreement with the Germanic Confederation, and with the Aguates 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 abovementioned Agnates of the House of Nassau, or with the Germanic Confederation.*

Reciprocal Renunciation of Territories.

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. 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.

See Act of Accession of Germanic Confederation of 19th April, 1839 and Convention of 27th June, 1839.

+ See Treaties of 9th and 11th August, 1870.

See Appendix.

[Holland and Belgium. Luxemburg and Limburg.]

Navigation of the Scheldt and the Meuse.

ART. IX. § 1. 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.

§ 2. So far as regards specially the Navigation of the Scheldt,† and of its mouths, it is 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; and that this joint superintendence shall be exercised by Commissioners to be appointed for this purpose by the two Parties. Moderate Pilotage Dues shall be fixed by mutual agreement, and those dues shall be the same for the vessels of all nations.

In the meantime, and until these dues shall be fixed, no higher Pilotage Dues shall be levied than those which have been established by the Tariff of 1829, for the mouths of the Meuse from the High Sea to Helvoet, and from Helvoet to Rotterdam, in proportion to the distances. It shall be at the choice of every vessel proceeding from the High Sea to Belgium, or from Belgium to the High Sea, to take what pilot she pleases; and upon the same principle it shall be free for the two countries to establish along the whole course of the Scheldt and at its mouths, such Pilotage establishments as shall be deemed necessary for furnishing Pilots. Everything relating to these establishments shall be determined by the regulation to be concluded in conformity with § 6 hereinafter following. These establishments shall be placed under the joint superintendence mentioned in the beginning of the present paragraph. The two Governments engage to preserve the navigable channels of the Scheldt, and of its mouths, and to place and maintain therein the necessary beacons and buoys, each for its own part of the River.

§ 3. There shall be levied by the Government of the Netherlands, upon the navigation of the Scheldt and of its mouths, a single duty of 1fl. 50c. per ton, that is to say, 1fl. 12c. on vessels which, coming from the High Sea, shall ascend the

The Scheldt Toll was redeemed in 1863, see Treaties of 16th July, 12th May, and 3rd August, 1863.

The Regulations between Belgium and Netherlands for the Navigation of the Scheldt were drawn up in October, 1839; but they were cancelled by the Regulations of 20th May, 1843.

[Holland and Belgium. Luxemburg and Limburg.]

Western Scheldt in order to proceed to Belgium by the Scheldt or by the Canal of Terneuze; and of 38c. per ton on vessels which, coming from Belgium by the Scheldt or by the Canal of Terneuze, shall descend the Western Scheldt in order to proceed to the High Sea. And in order that the said vessels may not be subject to any visit, nor to any delay or hindrance whatever within the Dutch waters, either in ascending the Scheldt from the High Sea, or in descending the Scheldt in order to reach the High Sea, it is agreed that the collection of the duty above mentioned shall take place by Dutch agents at Antwerp and at Terneuze. In the same manner, vessels arriving from the High Sea in order to proceed to Antwerp by the Western Scheldt, and coming from places suspected in regard to health, shall be at liberty to continue their course without hindrance or delay, accompanied by one health guard, and thus to proceed to the place of their destination. Vessels proceeding from Antwerp to Terneuze, and vice versa, or carrying on in the River itself Coasting Trade or Fishery (in such manner as the exercise of the latter shall be regulated in pursuance of § 6 hereinafter) shall not be subjected to any duty.

§ 4. The branch of the Scheldt called the Eastern Scheldt not being in its present state available for the navigation from the High Sea to Antwerp and Terneuze, and vice versa, but being used for the navigation between Antwerp and the Rhine, this eastern branch shall not be burthened, in any part of its course, with higher duties or tolls than those which are levied, according to the Tariffs of Mayence of the 31st of March, 1831 (No. 151) upon the navigation from Gorcum to the High Sea, in proportion to the distances.

§ 5. 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 be the same for the commerce of the two countries.

§ 6. Commissioners on both sides shall meet at Antwerp in the space of one month, as well to determine the definitive 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

[Holland and Belgium. Luxemburg and Limburg.]

extent of the Scheldt, on a footing of perfect reciprocity and equality in favour of the subjects of the two countries.

§ 7. In the mean time, and until the said regulations shall be prepared, the navigation of the Meuse and of its branches 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 the said River.

§ 8. If natural events or works of art should hereafter render impracticable the lines of navigation mentioned in the present Article, the Government of the Netherlands shall assign to Belgian navigation other lines equally safe, and equally good and commodious, instead of the said lines of navigation become impracticable.

Reciprocal 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 the said Canals.

Commercial communication through Maestricht and Sittardt.

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

Turnpike Tolls on Roads.

The use of the roads which, passing through these towns, lead to the Frontiers of Germany, shall be subject only to the payment of moderate Turnpike Tolls, for the repair of the said roads, so that the transit commerce may not experience any obstacle thereby, and that by means of the Tolls above mentioned, these roads may be kept in good repair, and fit to afford facilities to that commerce.

Construction of New Road or New Canal by Belgium.

ART. XII. In the event of a new Road having been constructed, or a new Canal cut, in Belgium, terminating at the Meuse, opposite the Dutch canton of Sittardt, in that case Belgium shall be

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