[Hostilities. Portugal and Spain.] strictest Amity and Alliance, and whose Government has not given any just cause of offence, either to Spain or to any other Power. The Undersigned, &c. Foreign Office, Dec. 14th, 1826. GEORGE CANNING. A copy is subjoined of His Majesty's gracious Reply to the Addresses of the two Houses of Parliament. (ANNEX.) Message of the King of Great Britain to both Houses of Parliament, relative to the Hostilities between Portugal and Spain. 11th December, 1826. GEORGE R. His Majesty acquaints the House of Lords [Commons] that His Majesty has received an earnest application from the Princess Regent of Portugal, claiming, in virtue of the ancient Obligations of Alliance and Amity subsisting between His Majesty and the Crown of Portugal His Majesty's aid against an hostile aggression from Spain. His Majesty has exerted himself for some time past, in conjunction with His Majesty's Ally, the King of France, to prevent such an aggression; and repeated assurances have been given by the Court of Madrid of the determination of His Catholic Majesty neither to commit, nor to allow to be committed, from His Catholic Majesty's territory, any aggression against Portugal. But His Majesty has learnt with deep concern that, notwithstanding these assurances, hostile inroads into the territory of Portugal have been concerted in Spain, and have been executed under the eyes of Spanish authorities by Portuguese regiments which had deserted into Spain, and which the Spanish Government had repeatedly and solemnly engaged to disarm and to disperse. His Majesty leaves no effort unexhausted to awaken the Spanish Government to the dangerous consequences of this apparent connivance. His Majesty makes this communication to the House of Lords [Commons] with the full and entire confidence that the House of Lords [his faithful Commons] will afford to His Majesty their cordial concurrence and support in maintaining the faith of Treaties, and in securing against foreign hostility the safety and Independence of the Kingdom of Portugal, the oldest Ally of Great Britain. G. R. [Boundary. Poland.] No. 133.—BOUNDARY TREATY between Austria and Russia. Signed at Brody, 14th December, 1826. ART. 26th TABLE. Preamble. Reference to Treaty of Vienna, of 3rd May, 1815. 1. Detailed Demarcation of the Line of Frontier between the Kingdoms of Poland and Gallicia, starting from the Frontier of the Territory of the Free City of Cracow. 2. Mutual Cessions by Russia and Austria of Farms, Villages, and Lands. 3 and 4. Planting of Stakes fixing the Limits. 5 and 6. Limits of the River Vistula. 7. Map of Frontier. 8. Ratifications. (Translation.) Reference to Treaty of Vienna, of 3rd May, 1815. In the Name of the Most Holy and Indivisible Trinity. Be it known to all whom it may concern: His Majesty the Emperor of All the Russias, King of Poland, and His Majesty the Emperor of Austria, King of Hungary, Bohemia, and Gallicia, having resolved to carry out Article XXXVIII of the Treaty of Friendship concluded at Vienna on the 21st April, 1815 (No. 12), by executing the demarcation of the Frontier between the Kingdoms of Poland and Gallicia, in accordance with the terms of Article III of the same Treaty, have to that effect furnished with their Full Powers, namely: 3rd May ' His Majesty the Emperor of All the Russias, King of Poland, the Sieur Frederic Auguste d'Auvray, General of Infantry of his Armies, &c.; and the Sieur Adam Bojanowicz, Lieutenant-Colonel of the Staff, &c.; His Majesty the Emperor of Austria, King of Hungary, Bohemia, and Gallicia; the Sieur Emanuel Baron de Lipowski, Government Councillor, his Resident and Consul General in the Free City of Cracow, &c.; and the Sieur Emeric Baron de Blagoevich, Lieutenant-Colonel of the Staff, &c.; Who, after having executed and caused to be executed the different labours which were required, having discussed in 18 meetings (the Procès-verbaux of which have been drawn up and signed) the different questions which had arisen, and fixed in a [Boundary. Poland.] visible, precise, and unalterable manner the Line of Demarcation between the Kingdoms of Poland and Gallicia in accordance with the Articles of the Treaty of Friendship above mentioned relating thereto, as well as to the Instructions with which they have been furnished during the progress of the work, after having exchanged their Full Powers, found to be in good and due form, have concluded, signed and settled the following Articles :— ART. I. Detailed Demarcation of the Line of Frontier between the Kingdoms of Poland and Gallicia, starting from the Frontier of the Territory of the Free City of Cracow. ART. II. Mutual Cessions by Russia and Austria of Farms, Villages, and Lands. ARTS. III and IV. Planting of Stakes fixing the Limits. ARTS. V and VI. Limits of the River Vistula. ART. VII. Map of Frontier. Ratifications. ART. VIII. In testimony whereof the Plenipotentiaries have signed it, and have affixed thereto the Seal of their Arms. Done in duplicate at Brody, the 14th December, 1826. (L.S.) F. D'AUVRAY, General of Infantry. [Islands on the Rhine.] No. 134.--BOUNDARY CONVENTION between Baden and France. Signed at Strasburg, 30th January, 1827.* ART. 1 to 8. 9 TABLE. Preamble. Reference to Treaties of 30th May, 1814, and 20th November, 1815. Re-establishment of the State of Possession and Property of the Islands on the Rhine at the time of the Treaty of Luneville. to Limits of Sovereignty. 23. 24. Ratifications. (Translation.) Reference to Treaties of 30th May, 1814, and 20th November, 1815. His Majesty the King of France and Navarre of the one part, and His Royal Highness the Grand Duke of Baden of the other part, animated by an equal desire to fulfil § 5 of Art. III of the Treaty of Paris of 30th May, 1814 (No. 1), and § 1 of that of 20th November, 1815 (No. 40), which both decide the demarcation of the Frontier between France and the States of Germany, as well as the re-establishment of the state of Possession and Property of the Islands on the Rhine such as they existed at the time of the signature of the Treaty of Luneville,† have appointed to that effect Commissioners Plenipotentiaries, namely: His Majesty the King of France and Navarre, Mr. Amand Charles, Count Guilleminot, Lieutenant-General of the Armies of the King, &c., to whose functions Mr. Claude Florimond Esmangart, Councillor of State, Prefect of the Department of the Lower Rhine, &c., was appointed in 1826 to replace him; And His Royal Highness the Grand Duke of Baden, Mr. Charles Chrétien, Baron de Berckheim, Minister of State and of the Interior, &c.; Who, after having exchanged their Full Powers, found to be in good and due form, took into consideration, in a series of Conferences, held at Bâle, Carlsruhe, Colmar, and Strasburg, 1st. The means of executing in their literal sense the abovementioned Treaties: * Modified by Convention of 5th April, 1840. [Islands on the Rhine.] 2ndly. The re-establishment of the state of Property and Possession of the Islands on the Rhine, such as it existed at the time of the signature of the Treaty of Luneville,* and to fix it by a new examination of the River; 3rdly. To give to the demarcation of the Frontier between France and the Grand Duchy of Baden, a description sufficiently positive to prevent, as far as possible in future, all uncertainty, as well regarding the Limit of Sovereignty as that of Property, and to secure, as far as possible, its enjoyment to Proprietors. The execution of the literal sense of the Treaties having nevertheless offered difficulties, as well on account of the particular state of the River, of the constant changeableness of the River, of the facility with which it formed and destroyed landmarks, that changes which have occurred in the state of the Properties and of the Islands since the signature of the Treaty of Luneville up to the realisation of the Treaties of Paris, the Commissioners agreed upon principles which were sanctioned by their Governments, and according to which were to be decided the several questions arising out of the execution of the Treaties, principles, the application of which, not being possible in future, become annulled, dating from the ratification of the present Treaty. It was agreed: On the means of executing in their literal sense the abovementioned Treaties. § 1. That all Land surrounded by water at low water shall be considered as an Island. § 2. That Land should be considered as an Island if, at low water, it was only joined to a Continent by a Work of Art left uncovered. § 3. That Land would, on the contrary, cease to be considered as an Island if, at low water, it was joined to the Continent by a natural alluvion, or produced by a Work of Art, provided, in the latter case, that the Work of Art being supposed to be destroyed, the uncovered communication continued to exist between the Land and the Continent. § 4. That the state of the Low Water should be settled by the daily arithmetical mean heights observed at permanent rhinometers during a certain number of years, namely: 1. At the rhinometer at Basle, rising scale, at 72 inches above zero; *(9th February, 1801.) See Appendix. |