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[Poland,]

ART.

23. Rivers.

TABLE.

24. Rivers.

Common right of Towage and Landing.
Single duty on Rivers and Canals.

25. Rivers. Abolition of Staple and other Duties.

26. Local Rights and Privileges of Towns and Ports.

27. Appointment of Consuls and Commercial Agents.

28. Freedom of Trade between Polish Provinces of 1772 in respect of Produce and Manufactures. Tariff. Certificates of Origin.

29. Freedom of Transit in Ancient Poland.

30. Freedom of Transit. Import Duties.

31. Regulations and Division of Debts of Republic of Poland and Duchy of Warsaw.

32. Table of Sums to be paid to Prussia by Russia and by Duchy of Warsaw, in consequence of Convention of 1797, and of Treaty of Tilsit of 1807.

33. Reimbursement of Debts by Warsaw to Prussia.

34. Prussia to provide three-tenths of New Debts of Warsaw.

35. Russian share of Old Debts of the Duchy.

36. Commission of Accounts at Warsaw.

37. Nomination of Committee by Commission of Accounts at Warsaw.

38. Delivery of Documents, Maps, &c.

39. Delivery of Documents, Maps, &c.

40. Restitution of Depôts placed in Security at Königsberg during the War of 1806, according to Convention of 1810.

41. Construction of Map of new Frontier.

42. Evacuation and Delivery of Territories.

43. Ratifications.

(Translation as laid before Parliament.*)

Preamble.

In the Name of the Most Holy and Undivided Trinity.

His Majesty the Emperor of all the Russias, and His Majesty the King of Prussia, animated with the desire of cementing more closely the ties of friendship which have united their arms and their subjects in a difficult and sanguinary war, the sacred object of which was to restore peace to Europe and tranquillity to nations, have judged it expedient, in order to fulfil their immediate engagements, and to put an end to all uncertainties, to fix definitely, by a solemn Treaty, everything which concerns the arrangements relative to the Duchy of Warsaw; as well as to settle the state of affairs resulting therefrom, by combined negotiations, founded upon the principles of a just Balance of Power and division of forces, discussed and agreed upon at the Congress of Vienna.

* For French version see "State Papers," vol. ii, p. 56.

[Poland.]

The national spirit, the advantages of commerce, the arrange. ments which may restore stability to the administration, regularity in the finances, public and individual prosperity in the provinces recently obtained, have all been taken into consideration, and their Imperial and Royal Majesties, in order to complete this salutary work, to settle and fix definitely the limits of their States, to agree on all the stipulations which can insure their. happiness, have named for their Plenipotentiaries, viz. :

His Majesty the Emperor of all the Russias, the Sieur Andrew, Count de Rasoumoffsky, His Privy Councillor, and His First Plenipotentiary at the Congress, &c.;

And His Majesty the King of Prussia, the Prince Hardenberg, His Chancellor of State, His First Plenipotentiary at the Congress, &c.;

Who, after having exchanged their Full Powers, and found them in good and due form, have agreed on the following Articles: these Articles having been negotiated in common with the Treaties between Russia, Austria, and Prussia respectively, are inserted in all their form and tenor, excepting the modifications which are contained in that concluded with His Imperial and Royal Apostolic Majesty, occasioned by the particular state of affairs.

Part of Duchy of Warsaw to be possessed by Prussia as Grand Duchy of Posen.

ART. I. (Embodied in Vienna Congress Treaty (No. 27) as Art. II.)

Cracow declared to be a Free, Neutral, and Independent Town under the Protection of Austria, Prussia, and Russia.

ART. II. (Embodied in Vienna Congress Treaty (No. 27) as Art. VI.)

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.

ART. III. (Embodied in Vienna Congress Treaty (No. 27) as Art. I.)

Emigration. Liberty to Inhabitants of separate Countries to dispose of their Property and withdraw.

ART. IV. If the Inhabitants and Landed Proprietors of the countries which have been separated in consequence of the pre

[Poland]

sent Treaty, wish to settle under another government, they shall be at liberty, during six years, to dispose of their property, moveable or immoveable, of whatever nature it may be, to sell it, to quit the country, and to remove the produce thereof, either in specie or other description of money, without any impediment or deduction whatever.

Poland. General Amnesty.

ART. V. (Embodied in Vienna Congress Treaty (No. 27) as Art. XI.)

Poland. Sequestrations to be removed. Prosecutions to be annulled. ART. VI. (Embodied in Vienna Congress Treaty (No. 27) as Art. XII.)

Poland. Exceptions to the preceding Article respecting Confiscations. ART. VII. (Embodied in Vienna Congress Treaty (No. 27) as Art. XIII.)

Recognition of right of mixed Subjects to Property.

ART. VIII. The quality of a Subject, of the two Governments, with regard to property, shall be acknowledged and confirmed.

Choice of Domicile to be made within a year.

ART. IX. Every individual possessing property under more than one Government is required, in the course of a year, dating from the day of the ratification of the present Treaty, to declare, in writing, before the magistrate of the nearest town, or the commander of the nearest district, or before the nearest civil authority in the country which he has chosen to reside in, the place where he shall have fixed upon for his settled abode. This declaration, which the above magistrate or other authority shall transmit to the superior authority of the province, renders him, as to his person and his family, exclusively the subject of the Sovereign in whose states he has fixed his said residence.

Guardians to make Declarations for Minors.

ART. X. With regard to Minors, and other persons under the care of guardians, such guardians shall be compelled to make the necessary declaration at the time prescribed.

Neglect of Declaration within prescribed time.

ART. XI. If an individual, possessing property under both

[Poland.]

Governments, shall have neglected, at the expiration of the said term of one year, to make the declaration of his fixed abode, he shall be considered as being the subject of the Power in whose states he last resided, his silence in this case being considered a tacit declaration.

Power of mixed Proprietor to change Domicile within eight years.

ART. XII. Every individual possessing property under both Governments, having once declared his place of abode, shall, nevertheless, retain during the term of eight years, dating from the day of the ratification of the present Treaty, the liberty of settling under another Government, upon making a new declaration of his abode, and upon producing the permission of the Power under whose Government he wishes to settle.

Right of mixed Proprietor to retain Property in States of a Sovereign of whom he is not a Subject.

ART. XIII. Any individual possessing property, and circumstanced as above, who has made his declaration of abode, or who is considered as having made it, conformably to the stipulations of Article XI, is not obliged to sell, at any period whatever, the property which he may possess in the states of a Sovereign of whom he is not a subject. He shall enjoy, with regard to this property, all the rights which attach to possession. He shall be allowed to expend the revenues thereof in the country where he has chosen his residence, without being subject to any drawback at the time of exportation, and he may dispose of the said possessions, and remove the value thereof, without any impediment whatever.

Extent of Privilege of retaining Property.

ART. XIV. The privileges mentioned in the preceding Article extend solely to the property which such individual may possess at the time of the ratification of the present Treaty.

Acquisition of Property by Inheritance, &c.

ART. XV. The same privileges are, however, attached to every acquisition made under either Government by reason of inheritance, marriage, or gift of an estate, which at the date of the ratification of the present Treaty shall finally belong to a possessor under both Governments.

[Poland.]

Acquisition of Property by Inheritance, &c.

ART. XVI. Should any individual, previously possessing property under one Government only, become entitled, by inheritance, legacy, gift, or marriage, to any property under the other Government, he shall be considered as a possessor under both Governments, and shall be required to declare his place of abode in the prescribed term of a year. This term shall be dated from the day on which he shall have produced the legal proofs of his new acquisition.

Freedom of Transit of mixed Proprietors.

ART. XVII. Any individual possessing property under both Governments, or his agent, shall be at liberty, at all times, to proceed from one of his possessions to the other; and it is the pleasure of the two Courts that the Governor of the nearest province shall grant the necessary passports for this purpose, on application of the parties. These passports shall be deemed sufficient authority for passing from one Government to the other, and shall be mutually respected.

Treatment of Proprietors of Estates divided by Frontier.

ART. XVIII. Possessors whose Estates are divided by the frontier, shall be treated, in regard to such possessions, on the most liberal principles.

Possessors under both Governments, their servants and tenants, shall have the liberty of passing and repassing, with their implements of husbandry, their cattle, utensils, &c., from one part of the estate, thus separated by the frontier, to the other, the difference of sovereignty being no impediment thereto; as well as of removing from one place to the other their harvests, all productions of the soil, their cattle, and all manufactured articles, without passports, molestation, rent or impost, or duty whatever. This favour, however, shall be limited to articles of growth or of industry in the territory thus separated by the line of demarcation. It shall likewise extend to such lands only as belong to the same individual, in the defined distance of a mile (15 to a degree) on each side of the frontier line.

Privileges of Shepherds and Drovers.

ART. XIX. The Shepherds and Drovers, subjects of both Powers, shall continue to enjoy the rights, immunities, and privi

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