페이지 이미지
PDF
ePub

[Geneva, Savoy, Chablais, and Faucigny.]

boundary between the two States shall appertain to His Majesty, and that the roads constituting the before-mentioned frontier line of the above Delimitation shall belong to His Majesty, with the exceptions already described, and that all the inclosures formed by walls or hedges contiguous to the houses of villages or hamlets, bordering on the new frontiers shall appertain to that State in which the said village or hamlet may be situated; the line marking the confines of the States shall not approach within two yards (toises) of such houses or inclosures contiguous thereto, and surrounded by walls or hedges. As to the rivers and rivulets which, according to the alterations of boundaries resulting from the present Treaty, are to determine the new frontier, the centre of their courses shall form the boundaries; except that of the Foron, which shall entirely appertain to His Majesty, and the passage of that river shall not be subject to any duty whatever.

Mutual Renunciation of Sovereign Rights in Countries ceded.

ART. II. The Contracting Powers renounce all Sovereign and other Rights which may appertain to them in the countries reciprocally ceded, namely; His Majesty, in the territory situated between the route of Evian, the lake and the river Hermance; the Swiss Confederation and the Canton of Geneva, in that portion of the Commune of St. Julien, where the principal Town is situated; the whole conformably to the Delimitation fixed by the preceding Article. All the Titles, Registers and Documents concerning the Ceded Countries shall be given over on both sides as soon as possible.

Line of Custom-Houses* in the neighbourhood of Geneva and the

Lake.

ART. III. According to the purport of the Protocol of the 3rd of November (No. 38), respecting Custom-Houses (reconciling at the same time its dispositions, as much as possible, with the interests of His Majesty) the Line of Custom-Houses in the neighbourhood of Geneva and the Lake, shall proceed from the Rhone by Cologny, Valeiry, Cheney, Luiset, Chable, Sapey, Vieson, Etrembières, Annemasse, Ville-la-Grand, along the course of the Foron to Machilly, thence by Deuvaine and Colongette as far as the Lake, and along the Lake to Meillerie, afterwards resuming and continuing the present frontier at the post nearest to Saint Gingoulph; it being understood that IIis Majesty shall

*See also Article XXI.

[Geneva, Savoy, Chablais, and Faucigny.]

be at liberty to make such alterations and dispositions relative to the numbers and situations of his Custom-Houses within the said line as he may deem most convenient.

No Custom-House duty can be performed either on the Lake or within the space (Zone) which separates the territory of the Canton of Geneva from the line above described; it shall, nevertheless, be at all times lawful for His Majesty's administrative authorities, to take such measures as they may deem necessary to prevent any illegal traffic, resulting from depôts or the stationing of merchandize, within the said space (Zone).

The Government of Geneva desiring, on its part, to second the views of His Majesty in this respect, will take the necessary precautions to prevent smuggling from being encouraged by the inhabitants of the Canton.

Free export of Provisions from Savoy for the City and Canton of

Geneva.

ART. IV. Provisions, intended for the supply of the City and Canton of Geneva, may at all times be freely exported from the Duchy of Savoy, without being subject to any duty whatever; unless His Majesty should judge it expedient in case of famine, to forbid, by general measures of administration, the exportation of them from his States of Savoy and Piedmont.

Separate Convention to regulate Duties for maintenance of the Road of the Simplon.

ART. V. Merchandise and provisions which, coming from the States of His Majesty, and from the Free Port of Genoa, shall traverse the Road called that of the Simplon, through the whole of its extent by the Valais and State of Geneva, being exempt from transit duties, in virtue of the second Article of the Protocol of the Congress of Vienna of the 29th March, 1815 (No. 10), the whole of the Duties relative to the maintenance of the Road, as well in the Valais, the Chablais, and the Canton of Geneva, as by the Road of St. Julien and of Meyrin, under whatever denomination they may be described, shall be fixed by a Separate Convention in a just proportion with the expenses resulting from the local difficulties, and shall not be augmented but by the common consent of the respective Governments.

The said Governments engage not to grant any exemption from, or diminution of, those duties, to other Powers, without *Protocol of 15th June, 1816.

[Geneva, Savoy, Chablais, and Faucigny.]

immediately rendering such exemption or diminution common to the Contracting Parties.

Transit Duties.

ART. VI. Provisions and merchandise coming from the States of His Majesty, which shall be declared upon their entrance into the Valais to be only in transit, shall, nevertheless, pay the same duty as if they were intended to be consumed in the country, but the amount of the said duty shall be returned when they quit the Valais, upon the identity of the merchandise being established, by verifying the seals, or by the customary marks affixed to it on its entrance, if more than six weeks shall not have elapsed since that period; and in case of any impediment preventing it from passing within that time, a longer delay must be obtained, which shall be permitted gratuitously.

The same formalities shall be observed upon entering and quitting the Canton of Geneva.

The seals or other marks affixed in the Valais to verify the identity of the merchandise in transit, shall be recognised and admitted in the Canton of Geneva, and finally the provisions and merchandise coming from the Valais by the Chablais, and destined for Geneva, which enjoy the same exemptions in the territories of His Majesty, shall be subject to the same formalities.

The expense of the marks affixed to the merchandize, must not exceed the real cost of the lead or other materials, so employed.

Perpetual Neutrality of Chablais, Faucigny, and Territory north of Ugine (Upper Savoy).

ART. VII. The Protocol of the Congress of Vienna, of the 29th March, 1815 (No. 10), accepted by the Act of the Diet of the Swiss Confederation, dated the 12th of April following, having stipulated as one of the Conditions of the Cession of the territory in favour of the Canton of Geneva; "That the "Provinces of Chablais, and of Faucigny, with all the terri"tory to the North of Ugine, belonging to His Majesty, should "form part of the Swiss Neutrality, guaranteed by all the "Powers," as explained in the first Article of the said Protocol:

The Federal Directory, having declared, by its Official Note to His Majesty's Minister of the 1st of November;

"That the Swiss Confederation has accepted the Acts of the

[Geneva, Savoy, Chablais, and Faucigny.]

Congress of Vienna, of the 29th March (No. 10), in their full extent and according to their literal tenour, without any "reservation; so that the difference that may be discovered "between the wording of the afore-mentioned Act of the Diet, "and of the Protocol of the Congress, ought by no means to be "viewed as a restriction, or as a deviation from the precise meaning of the latter," and the same Official Note having "added;

"It results from these explanations, that Switzerland makes "no distinction or reserve on the subject of admitting the "Provinces of Chablais, of Faucigny, and of the territory north "of Ugine, into its system of Neutrality, which may tend to "weaken or modify the dispositions expressed in the Acts of "the Congress of the 29th March:"

The Treaty of Paris, of the 20th November, 1815 (No. 40), having, in like manner, extended this Neutrality of Switzerland, to another part of His Majesty's territory: and finally the Act of the same day Acknowledging and Guaranteeing the Perpetual Neutrality of Switzerland, and the Inviolability of its Territory (No. 43), containing the following Article:

"The Powers acknowledge and guarantee the Neutrality of "those parts of Savoy, described by the Act of the Congress of "Vienna, of the 29th March, 1815 (No. 10), and by the Treaty "of this day, equally with the Neutrality of Switzerland, which "shall be enjoyed in the same manner as if they appertained "thereto."

These several Declarations and Stipulations, which Switzerland acknowledges and accepts, and to which His Majesty accedes in the most formal manner, shall be binding between the two States.

Freedom of Commercial communication.

ART. VIII. The Commercial communication between the Provinces of Savoy across the State of Geneva shall be all times free, with the exception of what regards Police Regulations, which shall be equally binding upon the subjects of His Majesty, as upon the Genevese themselves.

Disposal of Property by Sardinians in ceded Countries.

Emigration.

ART. IX. His Majesty's subjects United to the Canton of Geneva, shall at all times be at liberty to dispose of the Property

[Geneva, Savoy, Chablais, and Faucigny.]

they may possess in the said Canton, and to withdraw therefrom into whatever country they may prefer.

Rights of Sardinians to be respected.

ART. X. The rights acquired by His Majesty's subjects, in virtue of the laws in force at the time of the transfer of the territory, shall be respected by the new Legislation, and the Acts and Contracts existing, as well as the Judgments passed according to the said Laws, shall not be contested except by public proceedings in virtue of those laws, unless in anything which concerns the competency of, and the forms of procedure established for, the Genevese Tribunals.

Dispositions in favour of Territory ceded.

ART. XI. The dispositions of the Protocol of Vienna of the 29th March, 1815 (No. 10), in favour of the territory ceded by His Majesty to be united to the State of Geneva, shall also apply to the territory, the property of which shall be acquired by the said State, conformably to the Protocol of the 3rd of November following (No. 38), and to the Delimitation fixed by the Treaty of this day.

Maintenance of Catholic Religion in ceded States.

ART. XII. With regard to all the objects to which it was foreseen, in the Protocol of Vienna of the 29th March, 1815 (No. 10), that the future laws of the Constitution of Geneva would not be applicable; and considering that the said Protocol has directed, by the first clause of Article III., "that the "Catholic Religion shall be maintained and protected in the same "manner as at present in all those Communes ceded by His "Majesty the King of Sardinia, which are to be. united to the "Canton of Geneva"; it is agreed that the Laws and Customs in force on the 29th March, 1815, relative to the Catholic Religion, shall be maintained throughout the whole of the ceded territory, unless they shall be otherwise regulated by the authority of the Holy See.

In execution of the 6th clause of the said Article III., which has directed that the Curate of the Catholic Church of Geneva shall be properly lodged and paid, this object is regulated conformably to the stipulation contained in the Private Act of this day's date.

« 이전계속 »