[Navigation of the Elbe.] Prussian Act of Ratification of the Elbe Navigation Convention.Signed at Dresden, on the 23rd June, 1821. (Translation.) Berlin, 20th November, 1821. WE, Frederick William III, by the Grace of God, King of Prussia, &c., make known and declare hereby that; Whereas, for the accomplishment of Article CVIII of the General Treaty, signed in Congress at Vienna, on the 9th June, 1815 (No. 27), we agreed with His Majesty the Emperor of Austria, His Majesty the King of Saxony, His Majesty the King of Great Britain and Ireland, as King of Hanover, His Majesty the King of Denmark, as Duke of Holstein and Lauenburg, His Royal Highness the Grand Duke of Mecklenburgh-Schwerin, their Highnesses the Dukes of Anhalt-Bernburg, Anhalt-Cœthen, and Anhault-Dessau, and the Senate of the Free Hanseatic City of Hamburgh, to assemble at Dresden a Commission of Plenipotentiaries from all the parties, in order to determine upon the application of the general provisions contained in the said Treaty of Commerce relative to River Navigation, as far as regards the Elbe, and to record the result of their deliberations in a mutual Convention: And whereas, the said Convention has been happily concluded by common consent, and was signed on the 23rd June of the current year by the respective Plenipotentiaries, in nine copies of the same tenor, eight of which are for the several Contracting Parties, among which is one copy for their Highnesses the three Dukes of Anhalt, and the 9th is to be deposited with the other Acts of the Commission, to serve for the general use of the Governments interested, when the Ratifications thereof shall have been signed: We hereby declare, that, after careful examination and consideration of all and each of the stipulations contained in the aforesaid Convention for the Navigation of the Elbe, which are to be considered as if they were recited herein, word for word, and, with reference to the proceedings of the Commission, in the 44th Conference, at which the Convention was signed by the respective Plenipotentiaries, as well concerning the Duties of "Reconnaissance," as those to be levied on timber; as also the resolutions concerning the mode of collecting the same, in Articles X and XI, and in the general stipulation in Article XXX, agreeably to which the points referred to the Commission of Revision in the 43 previous Conferences are reserved: We, by the force of this present [Navigation of the Elbe.] Act of Ratification, drawn up in the usual form, have entirely approved, and do solemnly approve of the same; pledging our Royal word, for ourselves and our successors, truly to observe the said stipulations, and also to watch over them, so that they may be at all times strictly executed by our authorities and subjects. And for the greater assurance whereof, we have signed with our own hand, and caused to be sealed with our great Seal of State, our Act of Ratification in ten copies of the same tenor, of which 9 are intended for the Contracting Parties, amongst which is one for their Highnesses the three Dukes of Anhalt, and the tenth is to be deposited with the general Acts of the Commission. Done at Berlin, the 20th November, in the year of Our Lord 1821, and the 25th of our Reign. C. FURST VON HARDENBERG. V. BERNSTORFF. (L.S.) FRIEDRICH WILHELM. [Navigation of the Elbe.] Saxony, No. 111.-CONVENTION between Prussia, 1. Non-exercise of Rights of Special Visitation of Vessels and Floats of Timber for 6 Years. / 2. Participation in Revisions at Prussian Toll-houses of Mühlberg and Wittenberg. 3. Appointment and Duties of Special Commissary for Saxony at Mühlberg. Commissary not to impede Prussian Toll Authorities. 4. Frauds by Boatmen. Proceedings against Defrauders. 5. Security given by Boatmen for Payment of Tolls. 6. Choice and Payment of Commissaries. Publication of Appointments and Instructions. 7. Right of Prussian Chief Toll Inspectors to inspect Registers of Contracting States. 8. Revision of Stipulations. Right of returning to peculiar Mode of Revision. 9. Cargoes not passing Mühlberg or Wittenberg not included in Convention. 10. Ratifications. (Translation.) THEIR Majesties the Kings of Prussia, Saxony, Great Britain and Hanover, and Denmark, and His Royal Highness the Grand Duke of Mecklenburg-Schwerin, in furtherance of their wishes for the encouragement of the Navigation of the Elbe, and chiefly in consideration of the disadvantages arising from the often repeated revision of merchandise conveyed on the Elbe, have, by means of their Plenipotentiaries of the Elbe Navigation Commission, agreed to the following Special Convention, and have allowed it to be concluded, subject to their Ratification thereof. Non-exercise of Rights of Special Visitation of Vessels and Floats of Timber for Six Years. ART. I. Their Majesties the Kings of Saxony, Great Britain and Hanover, and Denmark, and His Royal Highness the Grand Duke of Mecklenburg-Schwerin, agree, for the next 6 years, from 1822 to 1827 inclusive, not to exercise the right which belongs to them, of the strict or special visitation by their Toll [Navigation of the Elbe.] Officers, of those Vessels and Floats of timber which, in their passage on the Elbe, shall have passed either of the Royal Prussian Frontier Toll-houses of Mühlberg or Wittenberg, and have been there subjected, either directly or indirectly, to a special revision, as will appear by their Control Certificates. Cases where suspicion of fraud exists are, however, excepted from this renunciation. Participation in Revisions at Prussian Toll-houses of Mühlberg and Wittenberg. ART. II. His Majesty the King of Prussia, on the other hand, readily grants a participation in the revisions of Mühlberg and Wittenberg; and, for that purpose, will not only cause the result of the special visitation to be fully and correctly stated in the document of discharge to be delivered to the Boatmen, in order to its being produced at the other Elbe Toll-houses, but also consents to the appointment of a Special Commissary for Saxony at Mühlberg, and for the other States bordering on the River, at Wittenberg. Appointment and Duties of Special Commissary for Saxony at Mühlberg. ART. III. These Commissaries shall, at the Royal Prussian Revision and Toll-offices to which they are appointed: (a.) Attend to the interests of their Most High Constituents. in all affairs relative to the Elbe tolls, and, for that purpose, (b.) Are authorised to be present at the revision of the lading of Vessels and Floats of timber (which revision, however, belongs exclusively to the Royal Prussian functionaries), in order thereby to obtain a conviction that the interests of their Most High Constituents are attended to in the best manner. Commissary not to impede Prussian Toll Authorities. They shall not by their presence impede the Royal Prussian Toll Authorities in their official business; and any direct interference in the course of their proceedings is strictly forbidden. (c.) The Royal Prussian Elbe-toll Register, as well of import as of export, shall be always produced to them at the Offices, on their demand, provided that no interruption be thereby occasioned to the current business, particularly after or at other times than the hours of office; they may extract therefrom what they may [Navigation of the Elbe.] deem necessary, compare the lists of the duties to be collected, which are transmitred by the Toll Officers of their Most High Constituents, and regulate matters agreeably thereto. (d.) They shall also be circumstantially informed, through the respective Toll-houses of Mühlberg and Wittenberg, of the result of the revision at the place of destination of each cargo, in every case of inquiry concerning the manifest. (e.) They may personally attend the examinations of the Toll Officer, so far as they may concern them; and they are authorised to take cognizance of, and to make extracts from, such documents of the proceedings of search as may be interesting to them. (f.) They shall receive the ulterior Duties, and remit them to the Toll-offices of their Most High Constituents. (g.) They shall in all cases transact business and preserve official relations with the Chief Collector and Officer of the Tollhouse to which they are appointed. Frauds by Boatmen. ART. IV. If, on the special revision of the Royal Prussian Authorities, deviations from the declarations which have been made at the respective Toll-houses of the other States bordering on the river, who are parties to this Special Convention of Revision, shall be discovered, a deficiency of the duties to be levied, or any intentional fraud on the part of the Boatmen, the Toll Commissaries shall immediately be informed thereof by the Royal Prussian Authorities; and the Boatmen shall not be dispatched until the deficient Toll Duties and the deposited costs and penalties shall have been received and handed over to the Toll Commissaries. Proceedings against Defrauders. In case the Defrauder refuse to pay the penalties and costs, the Toll Commissaries shall have the option, either of instituting formal proceedings before the competent Royal Prussian Toll Officer, or of reserving the prosecution of the Offender before the respective Toll Officers of their Most High Constituents, should they succeed in apprehending him. Security given by Boatmen for Payment of Tolls. ART. V. When, on the Royal Prussian side, Security is obtained from Boatmen for any Elbe toll not fully discharged at Witten |