[Territorial.]

25. Guarantee by Austria to Bavaria of the free and peaceable enjoyment and Sovereignty of all States, &c., in his possession. Courts of St. Petersburg, London, and Berlin to be invited to grant similar guarantee.

26. Ratifications.

(Translation as laid before Parliament.*)

In the Name of the Most Holy and Undivided Trinity.

Preamble.

HIS MAJESTY the Emperor of Austria, and His Majesty the King of Bavaria, equally animated with the desire of drawing closer the bonds of friendship which unite them, by fixing in a definitive manner the Boundaries and Relations of their respective States, have appointed Plenipotentiaries to concert, determine, and sign all that relates to these objects, viz. :

His Majesty the Emperor of Austria, the Sieur John Peter Theodore Baron de Wacquant-Geozelles, Chamberlain, Privy Councillor, Lieutenant-General in His Service, &c.

And His Majesty the King of Bavaria, the Sieur Maximilian Comte de Montgelas, His Chamberlain, Minister of State and of Conferences, Directing Minister for the Departments of Foreign Affairs, of Finance, and of the Interior, Minister and State Secretary of the Royal Household, &c.

And the Sieur Louis Comte de Rechberg and Rothenlöwen, His Chamberlain and Privy Councillor, Envoy Extraordinary and Minister Plenipotentiary to His Imperial and Royal Apostolic Majesty, &c.

Who, after having exchanged their Full Powers, and found them in good and due form, have agreed upon the following Articles:

Retrocessions by Bavaria to Austria. †

ART. I. His Majesty the King of Bavaria, for Himself, His Heirs and Successors, gives back and abandons, in full Property and Sovereignty, to His Majesty the Emperor of Austria, as well as to His Heirs and Successors :

The parts of Hausruckviertel and the Innviertel, in the state they were ceded by Austria in 1809.

The Tyrolien Bailiwick of Vils, and the Duchy of Salzburg, in the state it was ceded by Austria in 1809.

*For French version, see "State Papers," vol. vii., p. 63.

See Treaty of 20th July, 1819, Art. I.

[Territorial.]

Those parts of the Baliwicks of Waging, Sittmaning, Teisendorf and Laufen, situated on the left bank of the Salza and the Saal, are excepted from the present Retrocession.

These districts with their appurtenances and dependencies shall continue to belong to the Crown of Bavaria, in full Property and Sovereignty.

Cessions by Austria to Bavaria on the Left and Right Banks of the Rhine, in exchange for Bavarian Retrocessions.

ART. II. In return for these concessions, His Majesty the Emperor of Austria, for Himself, His Heirs and Successors, gives up to His Majesty the King of Bavaria, His Heirs and Successors, in full Property and Sovereignty :

A. On the Left bank of the Rhine.

In the Department of Mount Tonnerre:

1st. The Arrondissements of Deux-Ponts, Kaiserlautern and Spire, excepting from the latter the Cantons of Worms and Pfeddersheim.

2nd. The Canton of Kirchen-Poland in the Arrondissement of Alzey.

In the Department of the Saar:*

3rd. The Cantons of Waldmohr, Bliescastel, and Coussel: excepting from this last, certain places on the road from Saint Wendel to Baumholder, for which a compensation shall be made by a territorial arrangement to be regulated in concert with the Plenipotentiaries of the Allied Powers at Frankfort.†

Fortress of Landau, &c.

In the Department of the Lower Rhine:

4th. The Canton, with the City and Fortress of Landau, this last as a Fortress of the Confederation,† conformably to the arrangements of the 3rd of November, 1815 (No. 38).

5th. The Cantons of Bergzabern, Langenkandel, and every other part of the Department of the Lower Rhine, ceded by France on the left bank of the Lauter, by the Treaty of Paris of the 20th of November, 1815 (No. 40).

These countries shall be possessed by His Majesty the King of Bavaria, without other charges or mortgages than those which existed during the Austrian Administration.

See Conventions between Austria and Prussia of 1st July, 1816; 30th September, 1818; 30th January, 1844; and 16th December, 1850. + See General Treaty of 20th July, 1819, Art. III.

[Territorial.]

B. On the right of the Rhine.

1st. The former Fuldois Bailiwicks of Hammelburg with Tulba and Salek, Brückenau with Motten, that of Weyhers,-with the exception of the villages of Melters and Hattenrodt; as well as that part of the Bailiwick of Bieberstein, which includes the villages of Batten, Brand, Dietges, Findlos, Liebhardt, Melperz, Oberbernhardt, with Steinbach, Saifferz and Thaiden; the whole of these districts to be given up in the state they were possessed by His Imperial and Royal Apostolic Majesty.

2nd. The Austrian Bailiwick of Redwitz enclosed (enclave) in the Bavarian States.

Engagement of Austria to obtain for Bavaria cessions from HesseDarmstadt and Baden.

ART. III. His Majesty the Emperor of Austria engages for Himself, in concert with His High Allies, to employ His most earnest intervention, and to use His utmost endeavours to procure for His Majesty the King of Bavaria :

On the part of His Royal Highness the Grand Duke of Hesse, the pure, simple, and unlimited cession of the Bailiwicks of Alzenau, Miltenberg, Amorbach, and Heubach.*

On the part of His Royal Highness the Grand Duke of Baden, a part of the Bailiwick of Wertheim, according to the arrangements made at Paris on the 3rd of November, 1815 (No. 38).

Indemnification by Austria to Bavaria for relinquishment of principle of contiguity.

ART. IV. The contiguity of the acquisitions made by Bavaria in exchange for the afore-mentioned retrocessions, being a stipulation of the Treaty of Ried,† His Majesty the Emperor of Austria recognizes the right of His Majesty the King of Bavaria to an indemnification on His relinquishment of the principle of contiguity.

This indemnification shall be fixed at Frankfort, at the same time and in the same manner as the other Territorial Arrangements of Germany.‡

To this effect His Majesty the Emperor of Austria engages to give His Majesty the King of Bavaria a compensation, which has been agreed upon between them, until the final result of the

*See Treaty between Austria, Prussia, &c., of 30th June, 1816, Art. III. + Preliminary Treaty of Alliance between Austria and Bavaria of 8th October, 1813, Art. IV. See Appendix.

See General Treaty, 20th July, 1819.

[Territorial.]

negociations at Frankfort, and until His Majesty shall have received the indemnification for His relinquishment of the principle of contiguity.

Military Road between the Possessions of Bavaria on the Mayne and the Left Bank of the Rhine.

ART. V. A direct communication shall be established between the possessions of His Majesty the King of Bavaria on the Mayne and those on the left bank of the Rhine, which shall be regulated in concert with the parties interested.

His Royal Highness the Grand Duke of Baden shall be invited to enter into the necessary arrangements for the said Military Road through his States.

Portion of French contribution to be given to Bavaria.

ART. VI. His Majesty the King of Bavaria shall obtain the sum of 15,000,000 francs from the French contribution, for reinforcing the Defensive System of Germany, in virtue of the distribution made at Paris, the 3rd of November, 1815 (No. 38).

Supply of Salt to Bavaria, free from all export and transit Duties.

ART. VII. His Majesty the Emperor of Austria, for Himself, Ilis Heirs and Successors, engages that His Majesty the King of Bavaria, His Heirs and Successors, shall be furnished annually with a quantity of Salt, not exceeding 200,000 quintals, at the price it costs manufacturing, including the expense of packing, which price shall be regulated between the High Contracting Powers every ten years, by the scale of the real average cost of manufacturing it during the preceding 10 years, which average cost shall regulate the price for the ensuing 10 years.

This Salt, which may not in any case, nor in any manner be sold in the States of His Imperial and Royal Apostolic Majesty, shall be free from all exportation and transit duties, and all others whatsoever.

Free passage and transit of Sult through Bavarian States from the Tyrol to Bregenz.

ART. VIII. His Majesty the King of Bavaria, for Himself, His Heirs and Successors, engages to grant free passage and transit for Salt and Grain on the road which leads through His States from the Tyrol to Bregenz.

To prevent this free transit from becoming detrimental to the commerce, or the territorial rights and Sovereignty of Bavaria.

[Territorial.]

the Commission which shall be appointed, in execution of Article XX. of the present Treaty shall regulate the forms and precautions necessary to preclude every kind of fraud with regard thereto.

Navigation of Rivers.

ART. IX. The Stipulations of the Treaty of Teschen, which relate to the Navigation of the Rivers which traverse the States of the two Sovereigns, or form the boundaries thereof, shall be maintained on both sides until the general Principles agreed upon by the Congress of Vienna (No. 11), can be made applicable thereto.

The Salza and the Saale.

These stipulations shall be extended to the Salza and the Saale, as far as these Rivers separate the two countries.

Payment of Debts secured by Mortgages upon Countries respectively ceded. Payment of Pensions, &c.

ART. X. The Debts secured by mortgages upon the countries respectively ceded by the present Treaty, shall be regulated as well by the dates of the periods in which they were contracted as by the dates of the Protocols of Vienna, of Paris, and of every other Official Act which establishes the right of cession on either part, so that all the debts contracted prior to the dates of the said Acts shall fall to the lot of the new, and all those subsequently contracted shall remain at the charge of the former possessor.

To define more clearly the application of this stipulation, the following dates are agreed upon :-

1st. The 23rd of April, 1815, for those parts of the Ilausruckviertel and the Innviertel, with the part of Salzburg, the cession of which was on that day agreed to at Vienna.

2nd. The 24th of January, 1816, for that part of Salzburg not included in the cession previous to the 23rd of April.

3rd. Finally the other cessions on the right and left of the Rhine, agreed upon at Vienna the 23rd of April, and at Paris the 3rd of November, 1815 (No. 38), shall be regulated according to those two dates.

The Pensions, half-pay, and appointments, proceeding from the Administration of the respective countries, shall remain at the charge of the new possessor.

* 13th May, 1779. See Appendix.