CHAPTER VII
THE UNION OF ITALY.
Vienna Congress Treaty and Italy -- Swiss Neutrality -- Chablais and Faucigny -- Italy in the Eighteenth Century -- Napoleonic Period -- Movements of 1848 and 1849 -- War of 1859 -- Preliminaries of Villafranca -- Congress proposed -- Plebiscites in the Duchies -- Peace of Zurich -- Failure of proposal for Congress -- Lord John Russell's dispatch -- Proposed Italian Confederation -- The Duchies -- Sardinian Annexations -- Cession of Savoy --- Annexation of Naples -- Kingdom of Italy -- War of 1866 Mediation of France -- Treaty of Prague -- Treaty of Vienna (1866) -- Plebiscite in Venetia -- Rome as capital of Italy.
Texts: The Treaty of Zurich (1859) -- The Treaty of Vienna, 1866.
THE territories, with their boundaries, appertaining to Sardinia and to Austria, were indicated in Articles LXXXV onwards of the Congress Treaty of Vienna of 1815 (see p. 79). Amongst others, the States which constituted the former Republic of Genoa were assigned to Sardinia, and to Austria the territories of Venetia and Lombardy.
The neutrality of Switzerland was guaranteed by the eight Powers in a Declaration signed at Vienna on March 20, 1815. This Declaration formed Annex XI A to the Vienna Congress Treaty. The Swiss Confederation accepted this Declaration by an Act signed at Zurich May 27, 1815, forming Annex XI B to that Treaty. Article XCII of the Congress Treaty declared that the Provinces of Chablais and Faucigny and the territory of Savoy to the north of Ugine, belonging to the King of Sardinia, should form part of the neutrality of Switzerland as so guaranteed. Article CIII restored territories to the Holy See, and Article CIV restored King Ferdinand IV and his heirs to the throne of Naples and acknowledged him as King of the Two Sicilies.
The Union of Italy: 1859-1870 States of the Church (Umbria, Marchess of Ancona, Mentara, Rome) Tuscany, Naples, Messina, Sardinia, Corsica, Parma, Lombardy, Modena, Venetia, Romagne, Piedmont, Savoy, Nice, Tyrol, Sicily, Trieste
The condition of Italy in the eighteenth century may be briefly summed up. Her people were sunk in apathy under the rule of foreign princes, who, with the exception perhaps of the Habsburg line in Tuscany, entertained a complete disregard for their welfare. In Savoy and Piedmont there was a semblance of national life, because the rulers were native and governed with commendable uprightness: territorial expansion was their constant ambition. Following on the war of the Spanish Succession, Austria ( 1713) had succeeded to the Spanish dominions in Italy, and though in 1738 she surrendered the Two Sicilies to the Spanish Bourbon line, she remained the dominant power, controlling the smaller States. In South Italy misgovernment produced a constant ferment of discontent. The Papal States, under clerical government, were in a deplorable condition, and, as in South Italy, the wellbeing of the people was neglected. It was the Napoleonic invasions which first stirred the lethargic mass into consciousness of a common life. In 1796 the French Army first entered Italy, driving the Austrians before them, and establishing republics or annexing territory to France. Napoleon's second invasion in 1800 resulted in the defeat of the Austrians, and in due course led to his own acquisition of the Crown of Italy.
After the fall of Napoleon came the Congress of Vienna, and the territorial and constitutional arrangements above alluded to Nevertheless matters did not greatly mend. The former rulers resumed ascendancy, the old privileges of nobles and clergy were restored, with the old abuses; but Italy, profiting by past experience, no longer submitted tamely. Revolutions recurred at intervals, both in Northern and Southern Italy as well as in the Papal States. In 1848, at a time of general unrest in Europe, Lombardy and Venice revolted, and being supported by Sardinia, war with Austria ensued. The latter was eventually victorious, and on August 6, 1849 Treaty of Peace was concluded at Milan between Austria and Sardinia 1 (the Dukes of Modena and Parma afterwards acceding to it), wherein the boundaries of Sardinia were declared to be those specified in Article LXXXV of the Congress Treaty of Vienna. No prospect of success to the efforts of Sardinia to shake off the Austrian yoke manifested itself until 1858, when Sardinia and France, each animated by interests of her own, approached the question in concert, and it became manifest in the early days of 1859 that war between those two Powers and Austria was imminent.
The Swiss Government, while declaring their neutrality in the event of war, were much exercised in mind over the question whether the passage of French troops into Piedmont by the Victor Emmanuel Railway, which passed through a portion of the neutral territory, would be deemed to be a breach of the neutrality declared by the Congress Treaty of 1815. They held, however, that the negotiators of that treaty did not intend to cut off communication with Piedmont, otherwise they would have included in the lieutral territory the then existing road to Chambéry. They therefore decided to raise no obstacle to the use of the railway by French troops in transit. 2 But the question did not assume an acute form. Proposals were then made, originating with Russia, and supported by Great Britain, for assembling a Congress of the Powers to consider the relations between Austria and Sardinia with a view to averting war, the questions for discussion being the evacuation of the Papal States by the armies of Austria and France, the reform of the Papal and other Governments, the safeguarding of Sardinia against invasion by Austria, and the substitution of a new arrangement for ensuring the internal security of the smaller States, in lieu of the Austrian Treaties of 1847. 3 It was suggested that this arrangement should take the form of a confederation
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1 State Papers, vol. xxxviii, p. 1239.
2 Ibid., vol. lvii, pp. 170-2.
3 Ibid., vol. lvii, pp. 176 ff.
of the smaller Italian States. The treaties here alluded to were the Treaty of Offensive and Defensive Alliance between Austria and Modena of December 24, 1847, for mutual assistance in case of attack, and a similar treaty between Austria and Parma of February 4, 1848. 1 But so many difficulties arose in the course of the negotiations as to what States were to be admitted and what points discussed, that the idea of settling the questions at issue by means of a Congress was finally abandoned; and Austria, after addressing an ultimatum to Sardinia requiring her to disarm, declared war against that Power on April 28, 1859. 2 The Grand Duke of Tuscany and the Duke of Modena thereupon abandoned their respective Duchies and joined the Austrian forces. The Emperor of Austria's manifesto declaring war laid all the blame upon Sardinia, who, it was stated, notwithstanding the moderation of Austria in not annexing territory on the conclusion of Peace in 1849, had ever since agitated by all the expedients of perfidy against the peace and welfare of the LombardoVenetian Kingdom. The Italian proclamation announcing war with Austria, dated April 29, 1859, 3 accused Austria of refusing the proposed Congress and of attacking Piedmont because she had advocated the cause of the Italians in the Councils of Europe: Austria had thus violently broken the treaties which she had never respected. On May 3, France declared war against Austria. The French and Sardinian armies thereupon invaded Lombardy, defeated the Austrians at Magenta ( June 4, 1859), and subsequently at Solferino ( June 24, 1859). France, mindful of the dangers which threatened in the event of a continuance of the war, with the reluctant acquiescence of Sardinia, then signed Preliminary Articles of Peace with Austria at Villafranca on July 11, 1859. 4
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1 State Papers, vol. xxxvi, pp. 1169-71.
2 Ibid , vol. lvii, p. 228.
3 Ibid., vol. lvii, p. 236.
4 Ibid., vol. xlix, p. 362.
These Preliminaries declared that the two sovereigns favoured the creation of an Italian Confederation under the honorary presidency of the Holy Father; that Austria ceded to France her rights over Lombardy; that France should present the ceded territory to Sardinia; that Venetia should form part of the Italian Confederation, whilst remaining subject to the Crown of Austria; that the Grand Duke of Tuscany and the Duke of Modena should return to their States; and that the Pope should be requested to introduce reforms in his territories.
A definitive Peace was signed at Zurich on November 10, 1859. There were in fact three treaties signed on that day, one between Austria and France, one between France and Sardinia, and one between Austria, France, and Sardinia conjointly. 1 The Plenipotentiaries who negotiated these treaties met at Zurich in August 1859.
Before examining the provisions of these treaties it will be convenient to detail briefly the international discussions which were entered upon immediately on the signature of the preliminaries of peace, and which were continued until the month of January 1860. 2
As soon as the Preliminaries of Villafranca had been signed, Great Britain, always mindful of the true interests of Italy and also, no doubt, of her own interest in the preservation of peace in Europe, inquired of the British Ambassador at Paris what were the arrangements therein made, what arrangements remained to be considered, and what means were in contemplation for carrying the proposed arrangements into effect. Lord Cowley, the Ambassador in question, furnished the substance of the Preliminaries, as given above. He stated that the details for carrying them into effect must, in the opinion of the French Government, emanate from a congress or conference of the Powers. The French Government were further of
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1 State Papers, vol. xlvii, pp. 364, 371, 377
2 Ibid., vol. xlix, pp. 87-361.
opinion that it should be optional for all the Italian sovereigns to join or not to join the proposed Confederation, that the French troops should leave Rome on the formation of the Confederation, and that neither Austrian nor French troops should occupy the Legations. 1
Great Britain was opposed to the idea of a Confederation such as was suggested, on the ground that it would rivet more firmly the preponderance of Austria which it was the object of the late war to put an end to. 2 She was also opposed to the employment of force for the re-establishment of the former rulers of Tuscany, Modena, &c., upon their respective thrones. The Pope was opposed to reforms which included lay government in the Legations, although His Holiness offered reforms which, on examination, were deemed to be of little value. Tuscany was opposed to the return of the Grand Ducal family to the throne, which could only be maintained by the assistance of foreign bayonets. Russia declined to take the initiative in calling together a congress, but would not refuse to take part in it provided that both England and Prussia did so. Other Powers also entertained special views on particular points.
On August 16, 1859, the Tuscan Assembly voted unanimously that they could neither recall nor receive the Austrian dynasty of Lorraine to reign again in Tuscany. On the 20th of the same month they voted, also unanimously, in favour of annexing the Grand Duchy to Piedmont under the sceptre of King Victor Emmanuel.
In the same way, the National Assembly of Modena voted unanimously on August 20, 1859, that the Duke of Modena was deposed from the throne of that Duchy and that no member of the House of Lorraine could be received to reign over it; and on the following day they voted,
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1 The Legations were the twenty administrative divisions of the Papal States, governed by Legates.
2 An interesting dispatch by Lord John Russell. See State Papers, vol. xlix, p. 110.
also unanimously, the annexation of that Duchy to Piedmont. The Duchy of Parma adopted a similar course. In the meantime temporary governments had been established in those Duchies, following on what was termed the desertion of their territories by their rulers to join the armies of their enemies. Romagna (Papal State) also set up a temporary government.
All this time the negotiations between France and Austria at Zurich for the conclusion of a definitive peace were being slowly and laboriously carried on in the face of the difficulties created by the divergent views of the Powers in connexion with the proposed congress and by the action of the Italian States.
At length, before any final decision was arrived at concerning the meeting of the congress (though its acceptance was confidently expected), the three treaties above specified were signed at Zurich on November 10, 1859, and the ratifications of them were exchanged on the 21st of that month. In their main provisions these treaties were a mere reproduction of the Preliminaries of Villafranca.
The preamble of the Treaty between Austria and France declared its object to be to put an end to the calamities of war and to prevent the recurrence of the complications which gave rise to it by assisting to place on solid and durable bases the internal and external independence of Italy. Article IV of the treaty provided for the cession of Lombardy by Austria to France, except the fortresses of Peschiera and Mantua, &c., and described the new frontiers. Article V recorded the intention of France to hand over to Sardinia the territory thus ceded. By Article XVIII the contracting parties engaged to make every effort to encourage the creation of a Confederation amongst the Italian States under the honorary presidency of the Pope; Venetia, whilst remaining subject to the Crown of Austria, was to form one of the States of the Confederation.
Article XX declared that France and Austria would unite their efforts to obtain from the Pope that the necessity of introducing indispensable reforms should be taken into serious consideration. All the foregoing stipulations were also contained in the Preliminaries of Villafranca. With regard to the restoration of the Grand Duke of Tuscany and the Duke of Modena, the idea was rather differently expressed: the Preliminaries said, 'The Grand Duke of Tuscany and the Duke of Modena return to their States, granting a general Amnesty'; -- the Treaty (Article XIX) said, 'As the Territorial delimitations of the Independent States of Italy who took no part in the late war can be changed only with the sanction of the Powers who presided at their formation and recognized their existence, the Rights of the Grand Duke of Tuscany, of the Duke of Modena and of the Duke of Parma are expressly reserved for the consideration of the High Contracting Parties'.
The remaining Articles of the Treaty had reference to prisoners of war, restoration of certain captured vessels, portions of public debt and contracts to be taken over by Lombardy, and other financial arrangements, railways, freedom of inhabitants to remove from ceded territory, military and civil servants, archives, religious societies, non-molestation of individuals in person or property, and such-like.
The Treaty between France and Sardinia (Article I) recited Article IV of the above treaty and transferred to Sardinia the rights over Lombardy acquired by France under that Article. By Article II Sardinia accepted those rights and the charges and conditions consequent thereupon as indicated, which were also recited in that Article (Articles VII to XVI of the Franco-Austrian Treaty).
The Treaty between Austria, France, and Sardinia followed somewhat on the lines of the first Treaty ( Austria and France), with the exception of the stipulations respecting the proposed Italian Confederation, the reinstatement of the Dukes and the reforms to be required of the Pope, concerning which the treaty is silent; and with the addition of stipulations for the renewal of treaties between Austria and Sardinia subject to revision and their extension to the ceded territories, the free navigation of the Lake of Garda and the River Po, the conclusion of a convention for the prevention of smuggling, and kindred matters as between Austria and Sardinia.
It is to be observed that Sardinia was in no way bound by or concerned in the provisions relating to the establishment of an Italian Confederation, the restoration of the Grand Duke of Tuscany and the Dukes of Modena and Parma, or the introduction of reforms in the Papal States, arranged for in the Preliminaries of Villafranca and in the Franco-Austrian Treaty of Zurich. Those stipulations affected France and Austria alone.
It is evident that the negotiations at Zurich contemplated the submission of these several questions to a congress of the Great Powers, but this congress never took place. Invitations to attend it were issued by France and Austria, Paris was accepted as the seat of its deliberations, and the date of its assembling was approximately fixed for January 1860. Austria and the Pope, however, intervened in such a manner as to render further action by the Powers impossible. The circumstances under which this occurred are thus set forth in a dispatch of January 1, 1860, from the British Ambassador at Paris to Lord John Russell 1 :
'Your Lordship will have been informed . . . that the projected meeting of the Congress on Italian affairs has been indefinitely postponed. A pamphlet published in Paris under the title of "Le Pape et le Congrès" which has created too much stir in the political world not to have attracted your Lordship's attention, is the indirect cause of the postponement. The Austrian Government, it appears, requires an engagement on the part of the French Government neither to bring before the Congress themselves the measures of which the pamphlet is the advocate, nor to
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1 State Papers, vol. xlix, p. 361.
support them if brought forward by others. The French Government hesitate at entering into any such engagement, and Austria, in consequence, declines appearing at the Congress -- that is, she declares that she will not assist at a Congress in which the Pope is not represented; and it would seem that, although nothing official has as yet been received from Rome, the intention of the Pope is to require the engagement to which I have alluded above before he will send a Plenipotentiary to Paris.'
The proposal for a congress therefore came to nothing.
It has been related above, in connexion with the Treaty of Peace signed at Zurich between Austria and France on November 10, 1859, how it was the object of that treaty (amongst other things) to establish an Italian Confederation and to provide for the return of the Austrian Dukes to their territories in Tuscany, Modena, and Parma respectively, and how the congress which was to have regularized these proposals proved abortive.
As Sardinia was not a party to these arrangements, and as they did not materialize by means of a congress or otherwise, this Power was left with a more or less free hand in the disposal of her destinies.
In the course of the exchange of views which continued to take place between the Powers, it was manifested that England and France were opposed to the principle of the employment of force in carrying out the proposals of Zurich if those proposals were antagonistic to the wishes of the populations concerned; and the French Government did not fail to impress upon that of Austria the fact that such a principle was contrary to French policy and practice. 1 In the early months of 1860, therefore, votes by universal suffrage were obtained, in favour of annexation to Sardinia, in the provinces of Emilia -- Bologna, Ferrara, Forli, Massa and Carrara, Modena, Parma, Piacenza, Ravenna and Reggio -- which were States of the Church, and in Tuscany. Acting in accordance with the
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1 January 31, 1860. State Papers, vol. 1, p. 542.
will of the people thus declared, the King of Sardinia, by Decrees dated the 18th and 22nd March, 1860, 1 annexed those territories to his dominions.
The Duke of Modena protested (March 22) against the annexation of Modena; the Grand Duke of Tuscany protested (March 24) against the annexation of Tuscany; the Duchess Regent of Parma protested (March 28) against the annexation of Parma 2 ; and the Pope protested (March 24) against the annexation of the Romagna, &c. 3
Already, before these events had taken place, hints had been thrown out by France in the diplomatic correspondence, and comments had even appeared in the public press of that country, to the effect that the creation of a strong Italian State would constitute a grave danger to France in the existing position of her frontiers, and that a rectification of her boundaries in the direction of Savoy would become essential in order to safeguard her from attack. The idea of the cession of Savoy and Nice to France was in fact discussed by France and Sardinia before the outbreak of the war in 1859, when it was hoped that Venetia would be acquired by Sardinia. When this failed, the idea was abandoned, but resuscitated later on. When rumours of the proposed cession began to assume a more concrete form, the British Government warned France of the dangers which were to be apprehended should a serious attempt be made to bring about the annexation of Savoy and Nice to France. 4 Nevertheless the scheme matured, and early in March 1860, France addressed a long reasoned statement to Great Britain and other Powers 5 setting forth the necessity for the proposed action and expressing the hope that her motives would be appreciated. Great Britain did not altogether appreciate them, but her reply
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1 State Papers, vol. lvii, p. 1029.
2 Ibid., vol. lvil, pp. 1030, 1033, 1037.
3 Hertslet, Map of Europe by Treaty, p. 1422.
4 See State Papers, vol. l, pp. 457, 474, 604.
5 State Papers, vol. l, p. 600.
to the French statement, though controverting its arguments and assertions, did not actually amount to a protest, a fact which the French Government were not slow in making a note of. Thus, on March 24, 1860, in the midst of the Sardinian annexations and the protests of the Dukes and of the Pope, a treaty was concluded at Turin between France and Sardinia for the annexation of Savoy and Nice to France. 1 The second article of this treaty declared that as Sardinia could only transfer the neutralized parts of Savoy on the conditions upon which she herself possessed them, it devolved upon the Emperor of the French to come to an understanding with the Vienna Congress Powers and with Switzerland on the subject. Switzerland, of course, protested against the cession, and appealed to the neutrality articles of the Vienna Congress Treaty. A conference was then proposed for the purpose of reconciling Article XCII of the Congress Treaty with Article II of the Treaty of Turin; the conference did not, however, take place, but in due course the new boundaries between France and Sardinia were established.
Towards the end of 1860 the King of Sardinia entered Naples (the way having been paved for him by Garibaldi), and, annexation having been voted by plebiscite, assumed the title of King. On March 17, 1861, His Majesty, by a law passed by the Sardinian Chambers, assumed the title of King of Italy.
The next serious push in the direction of the unification of the Italian peninsula was made in 1866, when Italy took advantage of the strained relations then existing between Austria and Prussia (dealt with in another place in connexion with the Treaty of Prague, pp. 241 -51) to make a further effort for the emancipation of Venetia from Austria. Three burning questions at that time agitated Europe: the Venetian question as between Austria and Italy, the Danish Duchies question as between Austria and Prussia,
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1 State Papers, vol. l, p. 412.
and the question of the reform of the Germanic Confederation as between Austria, Prussia, and other German States. The armies of the several countries concerned were placed upon a war footing, and hostilities appeared imminent. An attempt was made by Great Britain, France, and Russia to convene a conference to discuss the questions at issue in the hope of averting war. Austria alone refused the conference, that is to say she attached to her acceptance of it a condition that no questions of territorial aggrandizement should therein be raised. This put an end to all discussion on the principal points in dispute, and once more, therefore, the idea of arriving at a peaceful solution of the existing difficulties had to be abandoned.
Italy entered into an alliance with Prussia in May 1866, and on the collapse of the proposal for a conference in the following month war was the inevitable and almost immediate result. On June 17 an Austrian manifesto of war with Prussia and Italy was issued; on the 18th a Prussian manifesto of war with Austria; and on the 19th and 20th an Italian manifesto and declaration of war with Austria. 1
The war was of short duration. Although Austria gained some successes against the Italian forces both on land and at sea, she was entirely defeated by the Prussians, and an opening was afforded to the Emperor of the French to step in as mediator between the contending parties. France obtained from Austria an undertaking to cede to her the Lombardo-Venetian Kingdom, to be by her handed over to Italy; and on July 14, 1866, France submitted to Austria and Prussia a draft of Preliminaries of Peace for their consideration and adoption. The first stipulation of this draft was that the integrity of the Austrian Empire, with the exception of Venetia, should be maintained. 2 Preliminaries on the lines of the French proposal were signed at Nikolsburg on July 26, 1866, between Prussia
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1 State Papers, vol. lxiii, pp. 580, 584, 585, 587.
2 De Clercq, Recueil des Traités de la France, vol. ix, p. 599.
and Austria, Prussia undertaking to obtain the concurrence of Italy in them 'as soon as the Venetian Kingdom should have been put at the disposal of the King of Italy by a Declaration of His Majesty the Emperor of the French'.
On August 11 the Emperor of the French addressed a letter to the King of Italy in which the following passage occurred: 'Your Majesty is aware that I accepted the offer of Venetia in order to preserve her from devastation and to prevent a useless effusion of blood. My object always was to restore her to herself, to the end that Italy should be free from the Alps to the Adriatic. Mistress of her destinies, Venetia will soon be in a position, by means of universal suffrage, to give expression to her desires. Your Majesty will acknowledge that under these circumstances the action of France has once more been exercised in the interests of humanity and the independence of the populations.' 1
The somewhat unusual mode of procedure above indicated was probably adopted as a compromise to meet the unwillingness of Austria to cede Venetia directly to Italy and the reluctance of Italy to accept the territory as a gift from France.
By Article II of the Treaty of Prague of August 23, 1866 (the Peace between Austria and Prussia), it was recorded that the Emperor of the French had officially declared through his Ambassador at Berlin: 'that in' so far as regards the Government of the Emperor, Venetia is secured to Italy, to be made over to her at the peace'; and consequently that the Emperor of Austria acceded on his part to that declaration, and gave his consent to the union of the Lombardo-Venetian Kingdom with the Kingdom of Italy. 2
The Treaty of Peace between Austria and Italy was signed at Vienna on October 3, 1866. 3
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1 De Clereq, vol. ix, p. 618.
2 See below, p. 248.
3 State Papers, vol. lvi, p. 700.
The preamble of this treaty declared that Austria had ceded the Lombardo-Venetian Kingdom to the Emperor of the French, who had recorded his willingness to recognise its union with Italy provided that the populations, being cosulted, consented thereto; the contracting parties had therefore agreed to the following Articles.
Then came the usual peace and friendship Article and that for the mutual delivery of prisoners of war. Articles III and IV declared the consent of Austria to the union of the Lombardo-Venetian Kingdom to Italy; the boundaries to be the actual administrative confines of the ceded territory, to be traced by a military commission. Thereupon followed stipulations for evacuation of ceded territory, responsibility for certain debts, payments to Austria on account of loan of 1854, and for the price of non-transportable war material, the taking over of Austrian contracts, railway concessions, &c., the mutual reimbursement of monies paid into public banks, the administrative separation of Venetian and Austrian railways, and so forth. Article XIII provided for the extension of railways to unite the Italian and Austrian networks. Article XIV empowered inhabitants on either side to remove, free from molestation, from or into the respective territories with their movable property, while retaining their immovable property. Article XV onwards dealt with persons in the military or civil services, giving the option of remaining; with the payment of pensions; with the delivery of judicial, political, and historical documents; with customs and trade facilities on the frontiers; with the renewal of treaties, &c. Article XXII restored to Princes and Princesses of the House of Austria their personal and real estates, reserving, nevertheless, all the rights of the State and of individuals to be prosecuted by legal means. Article XXIII granted a full and entire amnesty for all individuals compromised on account of political events in the past.
These were the principal stipulations of the treaty, to which an additional Article was appended fixing the periods of payments to be made by Italy in respect of the Monte-Lombardo debt and in respect of war material.
The ratifications of the treaty were exchanged at Vienna on October 12, 1866.
On the 19th of the same month a 'Procès-verbal' was drawn up at Venice and signed by the French Commissioner and other members of the commission, whereby Venetia was delivered to the Venetians 'in order that the populations, mistresses of their destinies, might express freely, by universal suffrage, their wishes on the subject of the annexation of Venetia to the Kingdom of Italy'. 1
The vote above alluded to was taken on October 21 and 22, 1866, and resulted almost unanimously in favour of annexation to Italy. On November 4 following, an Italian decree was promulgated annexing Venetia to the Kingdom of Italy.
It may here be recorded in conclusion that the seat of the Italian Government and Court (which had been transferred from Turin to Florence in 1865) was, after the final withdrawal of the French troops from Rome in 1870, removed to that capital in the year 1871.
TREATY OF PEACE BETWEEN AUSTRIA, FRANCE, AND SARDINIA. SIGNED AT ZURICH, 10TH NOVEMBER, 1859. 2
(Translation as presented to Parliament.)
ARTICLE I. There shall be from the date of the day of the exchange of the Ratifications of the present Treaty, Peace and Amity between His Majesty the Emperor of Austria and His Majesty the King of Sardinia, their heirs and successors, their respective States and subjects, in perpetuity.
ARTICLE II. The Austrian and Sardinian Prisoners of War shall be immediately returned on either part.
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1 De Clercq, vol. ix, p. 619.
2 French version in State Papers, vol. xl, p. 377.
ARTICLE III. In pursuance of the Territorial Cessions stipulated in the Treaties concluded this day between His Majesty the Emperor of Austria and His Majesty the Emperor of the French, on one side, and His Majesty the Emperor of the French and His Majesty the King of Sardinia on the other, the Delimitation between the Italian Provinces of Austria and Sardinia shall in future be as follows:
The Frontier, starting from the Southern Boundary of the Tyrol, on the Lake de Garda, will follow the middle of the Lake as far as the height of Bardolino and Manerba, whence it will meet, in a straight line, the point where the circle of defence of the Fortress of Peschiera intersects the Lake of Garda.
It will follow the circumference of this circle, the radius of which, reckoned from the centre of the Fortress, is fixed at 3,500 mètres, plus the distance from the said centre to the glacis of the most advanced Fort. From the point of intersection of the circumference thus designated with the Mincio, the Frontier will follow the thalweg of the river as far as Le Grazie; will stretch from Le Grazie, in a straight line, to Scorzarolo; will follow the thalweg of the Po as far as Luzzara, beyond which point no change is made in the Boundaries such as they existed before the War.
A Military Commission, appointed by the High Contracting Parties, will be charged with the duty of tracing the Boundary with the least possible delay.
ARTICLE IV. The Territories still occupied in virtue of the Armistice of the 8th of July last shall be reciprocally evacuated by the Austrian and Sardinian Troops, who shall immediately retire beyond the Frontiers determined by the preceding Article.
ARTICLE V. The Government of His Majesty the King of Sardinia shall take upon itself three-fifths of the Debt of the Monte Lombardo-Veneto.
It shall equally undertake a portion of the National Loan of 1854, fixed between the High Contracting Parties at 40,000,000 florins, 'monnaie de Convention'.
ARTICLE VI. With regard to the 40,000,000 florins stipulated in the preceding Article, the Government of His Majesty the Emperor of the French renews the engagement which it has entered into with the Government of His Majesty the Emperor of Austria, to effect the Payment of it according to the manner determined in the Additional Article to the Treaty signed this day between the two High Contracting Powers.
On the other hand, the Government of His Majesty the King of Sardinia puts again on record the engagement which it has contracted by the Treaty likewise signed to-day between Sardinia and France, to reimburse this sum to the Government of His Majesty the Emperor of the French, according to the manner stipulated in Article III of the said Treaty.
ARTICLE VII. A Commission, composed of Delegates of the High Contracting Parties, will be immediately formed, in order to proceed to the liquidation of the Monte Lombardo-Venetian Debt. The Division of the Debts and Credits of this establishment will be effected on the basis of three-fifths for Sardinia, and two-fifths for Austria. Of the Assets of the Sinking Fund of the Monte and its Deposits, consisting of public securities, Sardinia will receive three-fifths, and Austria two-fifths; and as to that part of the Assets which consists of Lands or Mortgages, the Commission will effect the partition with reference to the situation of the Property in question, to allot such Property, as far as possible, to that one of the two Governments upon whose Territory it may be situated.
As to the different categories of Debts inscribed up to 4th June, 1859, in the Monte Lombardo-Veneto, and to the capital placed at interest in the deposit bank of the Sinking Fund, Sardinia undertakes three-fifths, and Austria two-fifths, either for the payment of the interest, or the reimbursement of the capital, in accordance with the regulations hitherto in force. The Credits of Austrian subjects shall come by preference into the quota of Austria, who shall, within 3 months after the exchange of Ratifications, or sooner if possible, transmit to the Sardinian Government specific lists of these Credits.
ARTICLE VIII. The Government of His Sardinian Majesty succeeds to the Rights and Obligations resulting from the Contracts regularly stipulated by the Austrian Administration in respect of all matters of public interests specially concerning the Territories ceded.
ARTICLE IX. The Austrian Government will remain charged with the reimbursement of all Sums deposited by Lombard subjects, by the communes, by public establishments and religious corporations, in the Austrian public Banks, by way of caution-money, deposits, or consignments. In like manner the Austrian subjects, communes, public establishments, and religious corporations who have deposited sums of money as caution-money, deposits, or consignments in the Banks of Lombardy, will be punctually reimbursed by the Sardinian Government.
ARTICLE X. The Government of His Majesty the King of Sardinia acknowledges and confirms the concessions of Railways granted by the Austrian Government upon the Territory ceded in all their clauses, and during the whole duration of the concessions, and in particular the concessions made by Contracts dated 14th March, 1856, 8th April, 1857, and 23rd September,1858.
From the day of the date of the exchange of the Ratifications of the present Treaty, the Sardinian Government is invested with all the rights and subjected to all the obligations appertaining to the Austrian Government in respect of the said concessions in all that relates to the railway lines situate on the Territory ceded. In consequence, the right of Devolution which belonged to the Austrian Government in regard to these Railways is transferred to the Sardinian Government.
The Payments which remain to be made on the sum due to the State by the grantees by virtue of the Contract 14th March, 1856, by way of equivalent for the expenses of making the said Railways, will be paid in their entirety to the Austrian Treasury.
The credits of the Building Contractors and Tradesmen, and also the compensation money for land taken, so far as they may appertain respectively to the time when the Railways in question were administered for the account of the State, and which have not hitherto been paid, will be borne by the Austrian Government, and, in so far as they may be due from them by virtue of the concession, by the grantees in the name of the Austrian Government.
A special Convention will regulate, with as little delay as possible, the international service of the Railways between Sardinia and Austria.
ARTICLE XI. It is understood that the recovery of the Credits under paragraphs 12, 13, 14, 15, and 16 of the Contract of 14th March, 1856, shall not confer upon Austria any right of Control or Surveillance in the construction and working of the Railways in the Territories ceded. The Sardinian Government undertakes, for its part, to furnish the Austrian Government with all the information which it may require on this head.
ARTICLE XII. The Lombard Subjects domiciled on the ceded Territory shall enjoy for the space of one year, commencing with the day of the exchange of the Ratifications, and conditionally on a previous Declaration before the competent authorities, full and entire permission to export their Moveables, free of duty, and to withdraw with their families into the States of His Imperial and Royal Apostolic Majesty, in which case their quality of Austrian Subjects shall be retained by them. They shall be free to preserve their Immoveable property, situated on the Territory of Lombardy.
The same permission is accorded reciprocally to Individuals, Natives of the ceded Territory of Lombardy, established in the States of His Majesty the Emperor of Austria.
The Lombards who shall profit by the present arrangements shall not be, on account of their choice, disturbed on one side or on the other, in their persons or in their properties situated in the respective States.
The delay of one year is extended to two years, for the Subjects, Natives of the ceded Territory of Lombardy, who, at the time of the exchange of the Ratifications of the present Treaty, shall be beyond the Territory of the Austrian Monarchy. Their Declaration may be received by the nearest Austrian Mission, or by the superior authorities of any province of the Monarchy.
ARTICLE XIII. The Lombard subjects forming part of the Austrian Army, with the exception of those who are natives of the part of the Lombard Territory retained by His Majesty the Emperor of Austria, shall be immediately set free from Military Service and sent back to their homes.
It is understood that those who declare their wish to remain in the service of His Imperial and Royal Apostolic Majesty shall not be disturbed on that account, either in their persons or in their properties.
The same guarantees are given to persons in Civil Employments, natives of Lombardy, who shall manifest their intention of retaining the offices which they hold in the service of Austria.
ARTICLE XIV. Pensions, Civil as well as Military, regularly paid, and which were charged on the public revenue of Lombardy, remain in the possession of those who are entitled to them, and when there is occasion, to their widows and their children, and shall be paid in future by the Government of His Sardinian Majesty.
This stipulation extends to the holders of Pensions, Civil as well as Military, as well as to their widows and children, without distinction of origin, who shall retain their domicile in the ceded Territory, and whose claims, paid up to 1814 by the ci-devant Kingdom of Italy, then fell to the charge of the Austrian Treasury.
ARTICLE XV. The Archives containing the Titles of Property, and Documents connected with administration and civil justice, whether they relate to the part of Lombardy whose possession is reserved to His Majesty the Emperor of Austria, or to the Venetian Provinces, shall be handed over to the Commissioners of His Imperial and Royal Apostolic Majesty as soon as possible.
Reciprocally the Titles of Property, and Documents connected with administration and civil justice, concerning the ceded Territory, which may be found in the Archives of the Emperor of Austria, shall be handed over to the Commissioners of His Majesty the King of Sardinia.
The Governments of Sardinia and Austria bind themselves to communicate reciprocally on the demand of the higher administrative authorities, all the documents and information relative to matters concerning at once Lombardy and Venetia.
ARTICLE XVI. The Religious Corporations established in Lombardy, whose existence the Sardinian laws would not authorise, shall be free to dispose of their Property, both Moveable and Immoveable.
ARTICLE XVII. All the Treaties and Conventions concluded between His Majesty the King of Sardinia and His Majesty the Emperor of Austria which were in force before the Ist April, 1859, are confirmed in as far as they are not modified by the present Treaty. At the same time the two High Contracting Parties bind themselves to submit, within the term of a year, these Treaties and Conventions to a general revision, in order to introduce into them by common agreement, such modifications as shall be considered in accordance with the interests of the two countries.
In the meanwhile these Treaties and Conventions are extended to the Territory recently acquired by His Majesty the King of Sardinia.
ARTICLE XVIII. The Navigation of the Lake of Garda is free, except as regards the special regulations of the Ports and the Water Police. The liberty of Navigation of the Po and its affluents is maintained in accordance with the Treaties.
A Convention designed to regulate the measures necessary to prevent and repress smuggling in these waters will be concluded between Sardinia and Austria, in the term of one year, to date from the exchange of the Ratifications of the present Treaty. In the meanwhile the arrangements stipulated in the Convention of the 22nd November, 1851, for the repression of smuggling on the Lake Maggiore, the Po, and the Ticino, shall be applied to the navigation; and during the same interval no innovation shall be made in the regulations and the rights of navigation in force with regard to the Po and its affluents.
ARTICLE XIX. The Sardinian Government and the Austrian Government bind themselves to regulate, by a special Act, all that relates to the ownership of, and the maintenance of the bridges and passages on the Mincio, where it forms the Frontier, and to such new buildings as may be made in that respect, the expenses which may result from them, and the taking of the Tolls.
ARTICLE XX. Where the Valley of the Mincio shall henceforth mark the Frontier between Sardinia and Austria, the buildings intended for the rectification of the Bed and the Damming up of that River, or which shall be of a nature to alter its current, shall be made by common agreement between the two adjoining States. An ulterior arrangement will regulate this matter.
ARTICLE XXI. The inhabitants of the adjoining districts shall enjoy reciprocally the Facilities which were formerly assured to the dwellers on the Banks of the Ticino.
ARTICLE XXII. In order to contribute, with all their efforts, to the pacification of men's minds, His Majesty the King of Sardinia and His Majesty the Emperor of Austria declare and promise that, in their respective Territories, and in the Countries restored or ceded, no Individual compromised on the occasion of the late events in the Peninsula, of whatever class or condition he may be, shall be prosecuted, disturbed, or troubled in his person or in his property, on account of his political conduct and opinions.ARTICLE XXIII. The present Treaty shall be ratified, and its Ratifications exchanged at Zurich in the space of 15 days, or sooner if possible.In faith of which the respective Plenipotentiaries have signed and sealed it.Done at Zurich, on the 10th day of the month of November, in the year of Grace, 1859.
(L.S.) KAROLYI.
(L.S.) MEYSENBUG.
(L.S.) BOURQUENEY.
(L.S.) BANNEVILLE.
(L.S.) DES AMBROIS.
(L.S.) JOCTEAU.
TREATY OF PEACE BETWEEN AUSTRIA AND ITALY. SIGNED AT VIENNA, 3RD OCTOBER, 1866. 1
ARTICLE I. There shall be from the date of the exchange of the Ratifications of the present Treaty, Peace and Friendship between His Majesty the King of Italy and His Majesty the Emperor of Austria, their heirs and successors, their States and their respective subjects in perpetuity.
ARTICLE II. The Italian and Austrian Prisoners of War shall be immediately delivered up on both sides.
ARTICLE III. His Majesty the Emperor of Austria agrees to the Union of the Lombardo-Venetian Kingdom to the Kingdom of Italy.
ARTICLE IV. The Frontier of the Ceded Territory is determined by the actual administrative confines of the Lombardo-Venetian Kingdom.
A Military Commission appointed by the two Contracting Powers shall be entrusted with the execution of the tracing on the spot within the shortest possible delay.
ARTICLE V. The evacuation of the Ceded Territory
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1 French version in State Papers, vol. lvi, p. 700; Hertslet, vol. iii, No. 392.
determined by the preceding Article, shall begin immediately after the signature of Peace, and shall be terminated in the shortest possible delay, in conformity with the arrangements agreed upon between the Special Commissioners appointed to that effect.
ARTICLE VI. The Italian Government will take upon itself:
1st. The portion of the Monte Lombardo-Veneto which devolved upon Austria in virtue of the Convention concluded at Milan in 1860 for the execution of Article VII of the Treaty of Zurich;
2ndly. The Debts added to the Monte Lombardo-Veneto since the 4th of June, 1859, up to the day of the conclusion of the present Treaty;
3rdly. A sum of 35,000,000 florins, Austrian currency, in cash, for the portion of the Loan of, 1854, allotted to Venetia, and for the price of the non-transportable War Material. The manner of paying that sum of 35,000,000 florins, Austrian currency, in cash, shall, in conformity with the precedent of the Treaty of Zurich, be determined in an Additional Article.
ARTICLE VII. A Commission, composed of Italian, Austrian, and French Delegates, shall proceed to the liquidation of the different classes mentioned in the two first paragraphs of the preceding Article, taking into account the Sinking Fund already paid, and the Property, Assets, of every kind, constituting the Sinking Fund. That Commission shall proceed with the Definitive Regulation of the Accounts between the Contracting Parties, and shall fix the time and method to be employed for the liquidation of the Monte Lombardo-Veneto.
ARTICLE VIII. The Government of His Majesty the King of Italy succeeds to the Rights and Obligations resulting from Contracts regularly stipulated by the Austrian Administration for objects of public interest, especially concerning the ceded Territory.
ARTICLE IX. The Austrian Government is charged with the Reimbursement of all sums paid by subjects of the ceded Territory, communal districts, public establishments, and religious societies into the Austrian public Banks in the shape of caution-money, deposits, or consignments. In the same manner, Austrian subjects, communes, public establishments, and religious societies, who have paid money into the Banks of the ceded Territories in the shape of caution-money, deposits, or consignments, will be punctually reimbursed by the Italian Government.
ARTICLE X. The Government of His Majesty the King of Italy recognises and confirms the concessions granted to the Railroads by the Austrian Government in the ceded Territory, to the full extent of all their arrangements and duration, and particularly the concessions resulting from the Contracts passed under date of 14th March, 1856, 8th April, 1857, and 23rd September, 1858.
The Italian Government also recognises and confirms the stipulations of the Convention of 20th November 1861, between the Administration of the South LombardoVenetian and Central Italian Railway Company, as well as the Convention of the 27th February 1866, between the Imperial Minister of Finances and Commerce and the South Austrian Society.
From the time of the exchange of the Ratifications of this Treaty, the Italian Government is bound by all the Rights and Obligations resulting to the Austrian Government by the above-mentioned Convention, in regard to the Lines of Railway situated on the ceded Territory; consequently the right of Devolution which belonged to the Austrian Government.
The Payments which are still to be made of the sum due to the State by the Concessionaries in virtue of the Contract of 14th March, 1856, as an equivalent for the expense of construction of the said Railroads, shall be paid in full into the Austrian Exchequer.
The Credits of the building Contractors and Tradesmen, as well as the Indemnities for appropriation of land, which appertain to the time when the Railways in question were administered on account of the State, and which have not yet been paid, will be paid by the Austrian Government, and, in so far as they may be due from them in virtue of the Act of Concession by the grantees of the Austrian Government.
ARTICLE XI. It is understood that the recovery of the debts, resulting from Paragraphs 12, 13, 14, 15, and 16 of the Contract of the 14th March, 1856, will give Austria no right of control or superintendence over the construction and working of Railways in the ceded Territory. The Italian Government engages on its part to communicate all the information which may be asked for on the subject by the Austrian Government.
ARTICLE XII. In order to extend to the Venetian Railways the Stipulations of Article XV of the Convention of the 27th February 1866, the High Contracting Parties engage to enter as soon as possible, in concert with the South Austrian Railway Company, into a Convention for the administrative and economical separation of the Venetian and Austrian Railways.
In virtue of the Convention of the 27th February, 1866, the guarantee that the State has to pay to the South Austrian Railway Company shall be calculated on the basis of the net produce of the whole of the Venetian and Austrian Lines forming the networks of the South Austrian Railways actually conceded to the Company. It is understood that the Italian Government will take upon itself a proportionate part of that Guarantee corresponding to the Lines in the ceded Territory, and that the basis of the net produce of the Austrian and Venetian Lines conceded to the said Company shall still form the basis for the evaluation of that Guarantee.
ARTICLE XIII. The Italian and Austrian Governments, desirous of extending the relations between the two States, engage to facilitate Railway Communications and to favour the establishment of new Lines to unite the Italian and Austrian networks. The Government of His Imperial and Royal Apostolic Majesty promises besides to hasten as much as possible the conclusion of the Brenner Line destined to unite the Valley of the Adige with that of the Inn.
ARTICLE XIV. Inhabitants or natives of the Territory ceded by the present Treaty will have, for the space of a year, from the day of the date on which the Ratifications are exchanged, and conditionally on a previous declaration before the competent authorities, full and entire power to export their Moveables, free of duty, and to retire with their families into the States of His Imperial and Royal Apostolic Majesty, in which case their quality of Austrian subjects will be retained by them. They will be at liberty to keep their immoveable property situated on the ceded Territory.
The same power is granted reciprocally to natives of the ceded Territory of Lombardy living in the States of His Majesty the Emperor of Austria.
The Lombards who profit by these arrangements cannot be, on account of their choice, disturbed on either side, in their persons or their properties situated in the respective States.
The delay of one year is extended to two years, for the subjects, natives of the ceded Territory of Lombardy, who at the time of the exchange of the Ratifications of this Treaty are not within the Territory of the Austrian Monarchy. Their Declaration may be received by the nearest Austrian Mission, or by the superior authority of any province of the Monarchy.
ARTICLE XV. The Lombardo-Venetian subjects in the Austrian army will be immediately discharged from military service and sent back to their homes.
It is understood that those amongst them who declare their wish to remain in the service of His Imperial and Royal Apostolic Majesty shall be free to do so, and will not be disturbed on this account, either in person or in property.
The same guarantees are assured to the Civil Employés, natives of the Lombardo-Venetian Kingdom, who manifest their intention of keeping the offices they occupy in the Austrian Service.
Civil Servants born in the Lombardo-Venetian Kingdom shall have the choice, either of remaining in the Austrian Service, or entering the Italian Administration, in which case the Government of His Majesty the King of Italy engages, either to place them in positions analogous to those which they occupied, or allot them Pensions, the amount of which shall be fixed according to the Laws and Regulations in force in Austria. It is understood that the said Civil Servants shall act under the disciplinary Laws and Regulations of the Italian Administration.
ARTICLE XVI. Officers of Italian origin, who are actually in the Austrian Service, shall have the choice, either of remaining in the Service of His Imperial and Royal Apostolic Majesty or of entering the Army of His Majesty the King of Italy, with the Rank they hold in the Austrian Army, provided they make the request within 6 months after the Ratification of the present Treaty.
ARTICLE XVII. The Pensions, both Civil and Military, regularly paid, and which were paid out of the public funds of the Lombardo-Venetian Kingdom, remain due to those entitled to them, and, if need be, to their widows and children, and will be paid in future by the Government of His Italian Majesty.
This stipulation is extended to the Pensioners, both Civil and Military, as well as to their widows and children, without distinction of origin, who keep their domicile in the ceded Territory, and whose salaries, paid up to 1814 by the then Government of the Lombardo-Venetian Provinces, then became payable by the Austrian Treasury.
ARTICLE XVIII. The Archives of the ceded Territories containing the titles to property, and documents regarding the administration of justice, as well as the Political and Historical Documents of the old Republic of Venice, will be handed over to the Commissioners who shall be appointed thereto, to whose care shall be delivered the objects of Art and Science specially belonging to the ceded Territory.
Reciprocally, the titles to property, and documents connected with the administration and civil justice applying to the Austrian Territories, which may be in the Archives of the ceded Territory, will be handed over to the Commissioners of His Imperial and Royal Apostolic Majesty.
The Governments of Italy and Austria engage to consult each other, at the request of the superior administrative authorities, respecting all the documents and information relative to the affairs which concern both the ceded Territory and the adjoining country.
They also engage to allow authentic Copies to be taken of Historical and Political Documents which may interest the Territories remaining respectively in the possession of the other Contracting Power, and which, in the interest of science, cannot be taken from the Archives to which they belong.
ARTICLE XIX. The High Contracting Powers engage reciprocally to grant the greatest possible Customs Facilities to the bordering Inhabitants of the two Countries for the improvement of their property and the exercise of their trade.
ARTICLE XX. The Treaties and Conventions which have been confirmed by Article XVII of the Treaty of Peace signed at Zurich, on the 10th November, 1859, shall be temporarily renewed for one year, and shall extend to all the Territories of the Kingdom of Italy. In the case where those Treaties and Conventions shall not be denounced 3 months before the expiration of a year dating from the exchange of the Ratifications, they shall remain in force, and so on, from year to year.ARTICLE XXI. The two High Contracting Powers reserve to themselves to enter, as soon as possible, into negotiations on the widest bases reciprocally to facilitate business between the two Countries.Until then, and for the term fixed in the preceding Article, the Treaty of Commerce and Navigation of the 18th October, 1851, shall remain in force and shall apply to the whole Territory of the Kingdom of Italy.ARTICLE XXII. The Princes and Princesses of the House of Austria, as well as the Princesses who have entered into the Imperial Family by marriage, shall, on proving their Titles, recover their Private Property in full and entire possession, as well Personal as Real, which they shall be allowed to enjoy and to dispose of without being molested in any manner in the enjoyment of their Rights.Nevertheless, all the Rights of the State and of Individuals are reserved to be prosecuted by legal means.ARTICLE XXIII. With a view to contribute by every effort to quiet the public mind, the King of Italy and His Majesty the Emperor of Austria declare and promise that in their respective Territories there shall be a full and entire amnesty for all individuals compromised on account of Political Events in the Peninsula up to the present time; consequently no individual, no matter what may be his rank or position in society, shall be prosecuted, annoyed, or troubled, in person or property, or in the exercise of his rights, on account of his conduct or political opinions.ARTICLE XXIV. The present Treaty shall be ratified, and the Ratifications exchanged at Vienna within a fortnight, or earlier if possible.In faith of which, the respective Plenipotentiaries have signed it, and have affixed their Seals thereunto.Done at Vienna, on the 3rd day of the month of October, of the year of Grace, 1866.
(L.S.) MENABREA.
(L.S.) WIMPFFEN.
ADDITIONAL ARTICLE.The Government of His Majesty the King of Italy engages itself towards the Government of His Imperial and Royal Apostolic Majesty to pay 35,000,000 florins, Austrian value, equivalent to 87,500,000 francs, stipulated by Article VI of the present Treaty, in the manner and at the periods hereinafter determined:7,000,000 florins shall be paid in cash by 7 Bills or Treasury Bonds to the order of the Austrian Government, payable at Paris, at the place of business of one of the first Bankers, or of an Establishment of the first order, without interest, on the expiration of the 3rd month, dating from the day of the signature of the present Treaty, and which will be handed to the Plenipotentiary of His Imperial and Royal Apostolic Majesty at the time of the exchange of Ratifications.The payment of the remaining 28,000,000 florins shall take place at Vienna in cash, in 10 Bills or Treasury Bonds to the order of the Austrian Government, payable at Paris, at the rate of 2,800,000 florins (Austrian value) each to reach maturity successively at intervals of two months. These 10 Bills or Treasury Bonds shall likewise be handed to the Plenipotentiary of His Imperial and Royal Apostolic Majesty on the exchange of the Ratifications. The first of these Bills, or Treasury Bonds, will be payable two months after the payment of the Bills or Treasury Bonds of 7,000,000 florins above stipulated. For that period, as for the others following, becoming due on every succeeding two months, the interest will be reckoned at 5 per cent., dating from the first day of the month which will follow the exchange of the Ratifications of the present Treaty.The payment of the Interest shall take place at Paris at the expiration of each Bill or Treasury Bond.The present Additional Article shall have the same force and value as if inserted word for word in the Treaty of this day. Vienna, 3rd October, 1866.
(L.S.) MENABREA.
(L.S.) WIMPFFEN.
CHAPTER VIII
AUSTRIA AND PRUSSIA
Treaty of Vienna ( 1864) -- Convention of Gastein -- Policy of Bismarck -- Napoleon III -- Dispute between Austria and Prussia -- Proposal for Conference -- Lord Clarendon -- Austrian manifesto -- War -- Preliminaries of Peace -- Treaty of Prague -Annexations -- Treaties with minor German States -- The North German Confederation. Text : The Treaty of Prague ( 1866).
NEITHER the Treaty of Peace with Denmark in 1864 nor the Convention of Gastein in 1865, to which allusion has already been made, completely set at rest the questions previously at issue respecting the Danish Duchies, nor in all probability were they intended to do so by one at least of the parties concerned. The first-named gave the Elbe Duchies to be administered jointly by Austria and Prussia; the latter superseded the joint administration, giving that of Schleswig to Prussia and that of Holstein to Austria. It moreover awarded Lauenburg to Prussia in return for a money payment to be made to Austria, and it laid the foundation for a German Navy, a German naval base at Kiel, and a Kiel Canal, all under the command or control of Prussia. Bismarck, who, soon after the accession of William I to the throne of Prussia, was appointed by the new monarch to the post of. Prime Minister and Minister for Foreign Affairs, had from the outset occupied himself with the idea of advancing Prussia to the first place in t2he Germanic Confederation. The position of Austria as President of the Diet at Frankfort was an obstacle in the way of the realization of this idea, and by gradual steps extending over years he sought to eliminate Austria from her place in the councils of Germany and to reform the Constitution of the Germanic Confederation.
The question of the Danish Duchies lent itself to the achievement of this design. First came the dismemberment of Denmark in 1864, then the modifications effected at Gastein in 1865. The Convention of Gastein ( August 14, 1865) for a time staved off the threatened war between Austria and Prussia by introducing a modus vivendi in the Duchies and putting a stop to the squabbles arising out of the joint control. This enabled Bismarck to complete his arrangements and to win over his sovereign to his views, the King of Prussia being at that time averse from entering upon a war with Austria. No sooner was the Convention concluded than Bismarck, in September 1865, approached the Emperor of the French with a view to obtaining his concurrence in the idea of an offensive Alliance between Prussia and Italy against Austria. Napoleon III, always desirous of seeing Venetia united to Italy, and perhaps actuated also by other political reasons, raised no objection to the proposal, and the chance of interference from this quarter being removed, a treaty of offensive and defensive Alliance was concluded between Prussia and Italy in April 1866. Meantime the dissensions in the Germanic Diet concerning the Duchies had led Prussia to put forward demands for the re-constitution of the Germanic Confederation. Reforms proposed by Austria were discarded by Prussia, who took steps6 to ascertain what amount of support she could count upon from the minor German States in the event of war. Austria announced in March 1866 that she would refer the Duchies question to the Federal Diet, and she pressed upon the Diet the necessity of mobilizing the Federal armies; the Diet agreed to the Austrian proposal for mobilization. Prussia thereupon sent troops into Holstein, and declared in the Diet on June 14, 1866, that the action of Austria in the matter of the mobilization constituted a breach of the Federal Act which decreed that no member of the Confederation should make war upon another member; in a long argumentative document she announced that she considered the dissolution of the Federal Pact as accomplished, and would act accordingly. 1
Before matters had arrived at this pitch, that is to say at the beginning of May 1866, fresh endeavours were made by Great Britain, France, and Russia to avert the threatened war between Austria and Prussia by means of assembling a conference or congress of the Powers to discuss the matters in dispute. 2 Lord Clarendon, the British Secretary of State for Foreign Affairs, in a dispatch to the ambassador at Paris, while assenting to the idea of a congress mooted by France, went on to say, 'But Her Majesty's Government consider that a congress should not meet without its objects being previously defined and without a reasonable prospect of effecting the purpose for which it was convoked. The origin of the unfortunate dispute between Prussia and Austria is the Duchies, upon the annexation of which Prussia appears to be determined. Could a congress sanction such a policy, which could only be carried into effect by violence, if the wishes of the people were not consulted, and if they were, assuredly Prussia would not obtain the Duchies? With regard to the cession of Venetia, it is notorious that Austria will not cede her Italian provinces unless she obtains territorial compensation elsewhere; but where is this to be obtained?' Lord Clarendon therefore proposed that, inasmuch as a congress would be powerless to enforce its decisions, an appeal should be made to the three Powers on the point of taking the field, by Great Britain, France, and Russia, who, invoking the Protocol of Paris, 3 should call upon them to resume the status quo.
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1 Hertslet Map of Europe by Treaty, vol. iii, p. 1652.
2 The three questions at issue were the Danish Duchies, the position of Venetia, and the reform of the German Federal Diet.
3 As to having recourse to mediation before entering on a war,
France did not fall in with this suggestion, but was in favour of a preliminary meeting between England, France, and Russia to settle a programme and announce a 'firm intention' to solve the international difficulties in the direction of peace. The words, 'a firm intention,' were demurred to by England as possibly tending to commit her to action she did not contemplate. France argued, on the other hand, though deprecating the employment of force in giving effect to the firm intention, that the decisions of the Powers would be stripped of all authority if they were to declare beforehand that the enforcement of their decisions by arms was absolutely renounced by them.
A conference at Paris was therefore decided on, and Austria, Prussia, Italy, and the Germanic Confederation were invited to take part in it. Prussia accepted the invitation, but did not admit that the question of the Elbe Duchies was the one which menaced the peace of Europe, 'a question she had never intended to make a casus belli' ; it was, rather, the menacing attitude and military preparations of Austria and other German States which had given rise to the complications. 1
Italy and the Germanic Confederation also accepted the invitation. Austria accepted it likewise, but she attached to her acceptance of it a condition to the effect that all discussions with a view to a territorial aggrandizement or an increase of power of any one of the Powers invited to the conference be excluded from its deliberations. 2 This condition was held to exclude from consideration the most important of the questions in dispute, and as a result ( June 8, 1866) no conference took place. 3
Thus, Prussia having declared the Germanic Confedera-
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April 14, 1856. This proposition was adopted in principle by the Plenipotentiaries who signed the Treaty of Paris of 1856, without, however, binding their respective Governments to any definite course of action. State Papers, vol. xlvi, p. 133. See below p. 270.
1 State Papers, vol. lvii, p. 395.
2 Ibid., vol. lvii, p. 402.
3 Ibid., vol. lvii, p. 402.
PRUSSIA 1815-17
Schleswig-Holstein, Bremen, Wilhelmshaven, Hamburg, Danzig, Konigsburg, Tilsit, Silesia, Aix-la-Chapelle, Koln, Hanover, Potsdam, Hesse, Breslau, Posen, Berlin (Territory acquired between 1815 to 1866). tion to be dissolved, and having withdrawn from it, placing the blame upon Austria and the Diet, and having moreover entered into an alliance with Italy, no alternative to war remained. The Austrian manifesto declaring war was dated June 17, the Prussian June 18, and the Italian June 19, 1866.
The manifesto of the Emperor of Austria declaring war against Prussia and Italy went into some detail concerning the causes which had necessitated an appeal to arms. 1 Though slightly coloured with a tint of bias, it probably gives a fairly accurate representation of the position of affairs. His Majesty declared that he was threatened on two frontiers by enemies allied for the purpose of breaking the power of Austria, to neither of whom he had given cause for war. For one of the Powers a favourable opportunity was a sufficient excuse for going to war. 2 The Emperor went on to say that after the conquest of the Elbe Duchies, an aggressive war against Austria was at once prepared for; that on his offer of simultaneous disarmament, Prussia demanded a previous disarmament by Austria, and that no negotiations respecting the Duchies could succeed because Prussia was violent and intent on conquest. She had forcibly ejected the Austrian garrison from Holstein, and when the German 'Bund' had adopted the Austrian proposal to mobilize the Federal troops, she violently severed the tie which united the German races and seceded from the Bund. 'We shall not be alone', added the Emperor, 'in the struggle which is about to take place. The Princes and Peoples of Germany know that their liberty and independence are menaced by a Power which listens but to the dictates of egotism and
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1 State Papers, vol. lxiii, p. 580.
2 This was true enough: it was notorious that Italy was biding her time with a view to acquiring Venetia, of which her Alliance with Prussia is a proof. On the other hand, it is to be borne in mind that the internal condition of Venetia under Austrian rule justified the Italian desire for the emancipation of that kingdom.
is under the influence of an ungovernable craving after aggrandizement.'
Saxony, Bavaria, Wurtemberg, Baden, and HesseCassel threw in their lot with Austria. There can be little doubt that the latter confidently expected a favourable issue from the contest, but superior strategy and rapidity of movement on the part of the Prussians (under the guidance of von Moltke) turned the scale in the opposite direction. After several reverses, and notwithstanding a measure of success against the Italian forces, Austria was glad to have recourse to the mediation of France with a view to peace, at the same time ceding to France the Lombardo-Venetian Kingdom on an understanding that it would be passed on to Italy. 1
France, in communication with the two belligerents, Austria and Prussia, thereupon drew up a document to serve as a basis for the conclusion of peace, which being accepted by them, a Preliminary Treaty of Peace founded upon it was signed between those two Powers at Nikolsburg on July 26, 1866. 2
These Preliminaries declared:
Article I. The Austrian territory to remain intact, excepting Venetia. Article II. The dissolution of the Germanic Confederation: new organization to be without the participation of Austria, &c. Article III. Transfer of Austrian rights in the Duchies of Schleswig and Holstein to Prussia and reunion of North Schleswig to Denmark. Article IV. The payment of a war indemnity to Prussia. Article V. The territorial integrity of Saxony, &c. Article VI. That Italy should approve of the Preliminaries of Peace, &c. Article VII. That the Preliminaries should be ratified. Article VIII. That peace should be concluded on the basis of the Preliminaries. Article IX. That an armistice should be concluded between the various States.
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1 Queen Victoria had proposed that England should intervene against Prussia: Lord Russell refused. See Egerton, British Foreign Policy. p. 283.
2 State Papers, vol. lvi, p. 1029.
The definitive Treaty of Peace between Austria and Prussia was signed at Prague on August 23, 1866.
The first Article of this Treaty contained the usual peace and friendship stipulation.
The second Article recorded the consent of Austria to the union of the Lombardo-Venetian Kingdom with Italy.
The third Article provided for the liberation of prisoners of war; the details of this and of the evacuation of Austrian territory were given in a Protocol appended to the Treaty.
By the fourth Article Austria acknowledged the dissolution of the Germanic Confederation, 1 and consented to a new organization without the participation of Austria.
The fifth Article transferred to Prussia all the rights over Schleswig and Holstein acquired by Aústria under the Treaty of October 30, 1864 (see p. 199), with a condition for the cession to Denmark of Northern Schleswig, if desired by the populations. 2
The sixth Article guaranteed the territories of Saxony, subject to a contribution to the expenses of the war, and recorded the recognition by Austria of the arrangements to be made by Prussia in North Germany.
The seventh Article provided for arrangements to be made respecting the late Federal property, by means of a commission.
The eighth Article dealt with the removal or disposal of Imperial property in Federal fortresses, &c.
The ninth Article secured payment of pensions of Federal officials; pensions of officers of Schleswig-Holstein Army were to be paid by Prussia.
The tenth Article secured payment of pensions granted
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1 This Confederation had been established by the Powers of Europe at the Congress of Vienna in 1815. It was thus dissolved without their connivance.
2 This condition was rescinded by arrangement between Austria and Prussia -- see p. 252, note.
by the Austrian Lieutenancy in Holstein, and the restoration of bonds belonging to the Holstein Treasury; it also decreed the non-molestation of persons belonging to the Duchies, and of Austrian and Prussian subjects on account of political conduct during recent events.
The eleventh Article fixed the war indemnity to be paid by Austria to Prussia.
The twelfth Article provided for the evacuation of Austrian territory; the details of this were embodied in a Protocol annexed to the Treaty.
The thirteenth Article renewed the treaties in operation before the war, as far as applicable to new conditions, and adumbrated a revision of the Zollverein Treaty of 1865. 1
The fourteenth and last Article provided for the exchange of ratifications within eight days.
The ratifications were duly exchanged on August 30, 1866.
As soon as the Preliminaries of Peace were signed, Prussia set about the reconstruction of the map of Europe as affected by the events of the late war.
On August 13 ( 1866) she signed a Treaty of Peace with Wurtemberg, providing for a war indemnity, the reestablishment of Zollverein Treaties, the regulation of railway traffic and communications, &c. 2
On August 16 the Prussian Landtag was called upon to sanction the annexation of Hanover, Hesse-Cassel, Nassau, and Frankfort to Prussia. This sanction was accorded and a decree promulgated on September 20, 1866. 3
On August 17 Prussia signed a Treaty of Peace with Baden, similar to the Wurtemberg Treaty, but providing in
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1 In 1833 a Customs Union or Zollverein was arranged by treaty between Prussia and several other German States, the object being to establish reciprocal treatment inter se with regard to trade, customs-duties, tariffs, and kindred matters. Other States, not originally signatories, subsequently joined the Union. Austria joined it by a treaty dated April 11, 1865. (See State Papers, vol. lviii, p. 352.)
2 State Papers, vol. lvii, p. 1163.
3 Ibid., vol. lvi, p. 1067.
addition for the abolition of navigation dues on the Rhine. 1
On August 22 she signed a Treaty of Peace with Bavaria, similar to the foregoing, dealing also with the renewal of treaties, navigation dues on the Rhine and Main, telegraphs, cessions of territory to Prussia, &c. 2
On September 3 she signed a Treaty of Peace with Hesse-Darmstadt of a similar nature, stipulating for the abolition of navigation dues on the Rhine and on the Main, as well as for mutual cessions of territory, &c. 3
On October 8 she signed a Treaty of Peace with SaxeMeiningen, renewing treaties, declaring cessions of territory to Prussia, with exclusive use of posts and telegraphs, &c. 4
On October 21 she signed a Treaty of Peace with Saxony. It dealt with war indemnity, reorganization of Saxon troops as an integral part of the North German Federal Army under the supreme command of the King of Prussia, renewal of treaties, railways, post and telegraph service, abolition of rights of Leipzig University, cessions of territory by Saxony, fortress of Königstein, &c. 5
Treaties of offensive and defensive alliance were also concluded between Prussia and various South German States in August and September 1866.
By these several treaties, by the annexation of Hanover and other territories, and by the creation of a North German Confederation to take the place of the old Germanic Confederation, Germany (to the exclusion of Austria) was reconstituted under the control of Prussia.
The constitution of the new North German Confederation was promulgated on June 14, 1867. 6
In the Federal Council, composed of the members of the Confederation, Prussia had the preponderating influence with 17 votes as against 4 votes for Saxony, 2 votes each
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1 State Papers, vol. lvii, p. 1165.
2 Ibid., vol. lvi, p. 1044.
3 Ibid., vol. lvi, p. 1057.
4 Ibid., vol. lvi, p. 1082.
5 Ibid., vol. lvi, pp. 1084, 1090.
6 Ibid., vol. lvii, p. 296.
for Mecklenburg- Schwerin and Brunswick, and 1 vote each for the remaining 18 members, making a total of 43 votes in all.
The presidency of the Confederation was vested in Prussia, with the right of representing the Confederation internationally, of declaring war and concluding peace, of entering into alliances and other treaties with foreign States, and of accrediting and receiving ambassadors in the name of the Confederation.
All the land forces of the Confederation formed one single army under the command of the King of Prussia as Federal commander-in-chief, who, amongst other attributes, possessed the right of erecting fortresses on Federal territory. The Federal navy, likewise, was placed under the command-in-chief of Prussia. These were some of the more important of the stipulations of the Constitution, which, however, dealt with many other subjects, such as commerce, railways, posts and telegraphs, customs and such-like. It was, moreover, declared that a majority of two-thirds of the votes in the Federal Council was requisite in order to effect an alteration of the Constitution.
TREATY OF PEACE BETWEEN AUSTRIA AND PRUSSIA.
SIGNED AT PRAGUE,
23RD AUGUST, 1866. 1
ARTICLE I. There shall be Peace and Friendship between His Majesty the Emperor of Austria and His Majesty the King of Prussia, and between their heirs and successors, as well as between their respective States and subjects, henceforth and for ever.
ARTICLE II. For the purpose of carrying out Article VI of the Preliminaries of Peace concluded at Nikolsburg on the 26th July, 1866, and as His Majesty the Emperor of the French officially declared through his accredited Ambassador to His Majesty the King of Prussia, on the 29th July, 1866, 'qu'en ce qui concerne le Gouvernement de l'Empereur, la Vénétie est acquise à l'Italie pour lui être remise à la Paix,' -- His Majesty the Emperor of Austria
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1 State Papers, vol. lvi, p. 1050; Hertslet, vol. iii, No. 388.
also accedes on his part to that Declaration and gives his consent to the Union of the Lombardo-Venetian Kingdom with the Kingdom of Italy, without any other burdensome condition than the liquidation of those Debts which, being charged on the Territories ceded, are to be recognized in accordance with the precedent of the Treaty of Zurich.
ARTICLE III. The Prisoners of War shall be set at liberty immediately on both sides.
ARTICLE IV. His Majesty the Emperor of Austria acknowledges the dissolution of the Germanic Confederation as hitherto constituted, and gives his consent to a new organization of Germany without the participation of the Imperial Austrian State. His Majesty likewise promises to recognize the more restricted Federal relations which His Majesty the King of Prussia will establish to the north of the line of the Main; and he declares his concurrence in the formation of an Association of the German States situated to the south of that line, whose national connexion with the North German Confederation is reserved for further arrangement between the parties, and which will have an independent international existence.
ARTICLE V. His Majesty the Emperor of Austria transfers to His Majesty the King of Prussia all the rights which he acquired by the Vienna Treaty of Peace of 30th October, 1864, over the Duchies of Holstein and Schleswig, with the condition that the populations of the Northern Districts of Schleswig shall be ceded to Denmark if, by a free vote, they express a wish to be united to Denmark. 1
ARTICLE VI. At the desire of His Majesty the Emperor of Austria, His Majesty the King of Prussia declares his willingness to let the present Territorial condition of the Kingdom of Saxony remain to the same extent as before, in the alterations which are about to be made in Germany; but he reserves to himself the right of arranging the contribution of Saxony to the expenses of the War, and the future position of the Kingdom of Saxony in the North German Confederation, by a special Treaty to be concluded with His Majesty the King of Saxony.
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1 This condition was abrogated by treaty between Prussia and Austria ( Vienna, October 11, 1878), see Nouveau Recueil, IIme série, t. iii, and Manuel historique de la Question du Slesvig, by F. de Jessen ( Copenhagen, 1906), p. 312.
On the other hand, His Majesty the Emperor of Austria promises to recognise the new arrangements that will be made by His Majesty the King of Prussia in North Germany, including the Territorial alterations.
ARTICLE VII. For the purpose of making arrangements respecting the late Federal Property, a Commission will meet at Frankfort-on-the-Main within 6 weeks at farthest from the Ratification of this Treaty, to which Commission all claims and demands on the German Confederation are to be sent in, and they will be liquidated within 6 months. Austria and Prussia will send Representatives to that Commission, and all the other late Federal Governments are at liberty to do the same.
ARTICLE VIII. Austria has the right of removing or otherwise disposing of the Imperial Property in the Federal Fortresses, and the part of the movable Federal Property belonging to Austria, according to specification; the same is the case with all the movable effects of the Confederation.
ARTICLE IX. The Pensions to which the regular Officials, Servants, and Pensioners of the Confederation are entitled, or which have already been granted, will be secured to them pro rata of the register.
The Royal Prussian Government, however, undertakes the Pensions and Allowances hitherto paid out of the Federal matriculation fund to the Officers of the former Schleswig-Holstein Army and their survivors.
ARTICLE X. The persons interested in the Pensions granted by the Imperial Royal Austrian Lieutenancy in Holstein will still be allowed to draw them.
The sum of 449,500 thalers of Danish currency in 4 per cent. Danish State Bonds, which is still in the custody of the Imperial Royal Austrian Government, and which belongs to the Holstein Treasury, will be restored to it immediately after the Ratification of the present Treaty.
No one belonging to the Duchies of Holstein and Schleswig, and no subject of their Majesties the Emperor of Austria and the King of Prussia will be prosecuted, molested, or obstructed in his person or property on account of his Political conduct during the late events and the War.
ARTICLE XI. His Majesty the Emperor of Austria undertakes to pay to His Majesty the King of Prussia the sum of 40,000,000 Prussian thalers, to cover part of the expenses which Prussia has been put to by the War. From that sum is however to be deducted the amount of the War expenses which His Majesty the Emperor of Austria has still to demand from the Duchies of Schleswig and Holstein, according to Article XII of the aforesaid Treaty of Vienna of the 30th October, 1864, to the extent of 15,000,000 Prussian thalers, as well as a further sum of 5,000,000, as an equivalent for the free maintenance which the Prussian Army is to have in those parts of the Austrian Territories which it occupies, until the conclusion of Peace; so that there only remain 20,000,000 to be paid in ready money.
One-half of that sum is to be settled when the Ratification of the present Treaty takes place, the second half 3 weeks later at Oppeln in cash.
ARTICLE XII. The Evacuation of the Austrian Territories held by the Royal Prussian troops shall be completed within 3 weeks after the exchange of the Ratifications of the Treaty of Peace. From the day of the exchange of the Ratifications the Prussian General Governments will confine their functions to the purely military sphere of operations.
The special stipulations according to which the Evacuation is to take place are settled in a separate Protocol which forms an Appendix to the present Treaty.
ARTICLE XIII. All the Treaties and Conventions concluded between the High Contracting Parties before the War are hereby again brought into force, in so far as they by their nature, must not lose their effect by the dissolution of the relations of the Germanic Confederation. The General Cartel Convention between the German Federal States, of the 10th February, 1831, together with the supplementary stipulations belonging thereto, will especially retain its validity between Austria and Prussia. The Imperial Royal Austrian Government declares, however, that the Monetary Treaty concluded the 24th January, 1857, loses its most essential value for Austria by the dissolution of the German Federal relations, and the Royal Prussian Government declares its willingness to enter into negotiations with Austria and the other participators in that Treaty for the abrogation thereof.
In like manner, the High Contracting Parties reserve to themselves to enter into a negotiation as soon as possible for the Revision of the Commercial and Customs Treaty of the 11th April, 1865, for the further facilitation of their reciprocal traffic. Meanwhile the said Treaty shall again come into force, on the condition that each of the High Contracting Parties reserves the right of putting an end to its operation after 6 months' notice.ARTICLE XIV. The Ratifications of the present Treaty shall be exchanged at Prague within the space of 8 days, or sooner if possible.In witness whereof the respective Plenipotentiaries have signed the present Treaty, and have affixed to it the Seals of their Arms.Done at Prague, on the 23rd day of the month of August, in the year of Salvation, 1866.
(L.S.) BRENNER.
(L.S.) WERTHER.
CHAPTER IX
THE GRAND DUCHY OF LUXEMBURG
The Grand Duchy of Luxemburg -- The Revolution of 1830 -Dissolution of the Germanic Confederation -- Crisis of 1866 -- The Treaty of London, 1867 -- Lord Derby on a Collective Guarantee -Foreign opinion -- Obligations of Luxemburg -- The War of 1870 -- End of the Dutch connexion -- The War of 1914. Text: The Treaty of London ( 1867).
THE Grand Duchy of Luxemburg is to be dated only from the year 1815, when it was created by the Congress of Vienna. The. King of the Netherlands was made Grand Duke, as a compensation for the loss of the German territories of the House of Orange-Nassau, which Prussia had been allowed to annex.
Originally a feudal County, within the Mediaeval Empire, Luxemburg at the end of the Middle Ages was part of the dominions of the House of Burgundy. Subsequently, along with the greater part of the Burgundian dominions, including the Netherlands, it passed to the House of Habsburg, through the marriage (in 1477) of Maximilian I to Mary the daughter of Duke Charles the Bold. The Spanish branch of the House of Habsburg held Luxemburg with the 'Spanish Netherlands' from 1556 till 1713, when under the Peace of Utrecht it passed to Austria. During the French Revolutionary Wars Luxemburg was taken from Austria by France. At the Vienna Settlement in 1815 it was not restored to Austria, but, as has already been explained, was erected into a Grand Duchy, with the Dutch King as Grand Duke.
The Grand Duchy, like Belgium, felt the revolutionary influences which were started by the Revolution of July 1830 in Paris. Luxemburg joined Belgium in throwing off the Dutch control. The Powers, by the Treaty of London, November 15, 1831, partitioned Luxemburg in two; the western and larger portion was to be incorporated in the new Kingdom of Belgium; the rest, with the city of Luxemburg itself, was to continue the Grand Duchy under the King of the Netherlands. Both the Belgians and the Grand Duke were dissatisfied with this arrangement, and it was not till 1839 that the agreement was carried into effect (Treaty of London, April 19, 1839; see p. 135 ).
From 1839 till 1866 the Grand Duchy remained undisturbed. The reason for its existence in international law was to prevent any aggression of France against Prussia and the North German States. For in 1815, when the Grand Duchy was created, it was France that Europe feared. As the Grand Duchy was not strong enough to defend itself, the city of Luxemburg was fortified, and was garrisoned by Prussia. 1 The Duchy belonged to the Germanic Confederation.
In 1866, however, as a consequence of the war between Austria and Prussia, the German Confederation was dissolved (Treaty of Prague, August 23, 1866; see p. 248 ). The North German Confederation, under the headship of Prussia with Austria excluded, came into existence. Luxemburg was not part of the new Confederation, and seemed about to gravitate towards France. Napoleon III held that if Luxemburg in 1815 had been needed as a buffer for Germany against France, it was now needed as a buffer for France against Germany. Negotiations were accordingly opened between the Grand Duke and the French Emperor for the sale of Luxemburg to France. Prussia w8as cognizant of this movement, and proposed to prevent it by war. The cloud of a fearful war between the two
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1 Treaty of Frankfort, July 20, 1819; see Hertslet, vol. i, p. 251, note.
greatest States of the Continent hung over Europe. The British Government worked to avert this, and proposed the meeting of a Conference, the wholesome means by which, from 1815 till 1914, the calamities of war have been many times averted. In the Conference, which took place at London, Great Britain, Austria, Belgium, France, Italy, the Netherlands, Prussia, and Russia, concluded the Treaty of May 11, 1867, which defined anew the position of Luxemburg in international law.
The treaty recognized Luxemburg as a perpetually neutral State. The High Contracting Parties specially put it upon record in Article II, that they 'engage to respect the principle of neutrality', and that they 'placed it under the sanction of the collective Guarantee of the Powers signing Parties to the present Treaty, with the exception of Belgium'.
This guarantee differed from that given to Belgium in two important respects. In the first place, it was a collective guarantee, whereas that given to Belgium has always been held to be individual. When the Luxemburg Treaty was concluded, the Earl of Derby, then Prime Minister, explained that 'a collective guarantee is one which is binding on all the parties collectively; but [of] which, if any difference of opinion should arise, no one of them can be called upon to take upon itself the task of vindication by force of arms'. 1 The guarantee might therefore prove valueless, if one of the signing parties chose to disregard it.
The second difference was that although Luxemburg, like Belgium, was bound by treaty to observe neutrality towards all other States, yet she was not bound to defend that neutrality by force of arms. In effect she was forbidden actively to defend her neutrality, by the terms of Article III, which forbade her to maintain any fortified places or military forces. The Prussian garrison, of course, had to evacuate
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1 Hansard, July 4, 1867.
the city of Luxemburg, and the fortifications were dismantled.
During the Franco-Prussian War, 1870-1, the Prussian Government paid great attention to the neutrality of Luxemburg. It was alleged that the Luxemburg railways had been used for passing French soldiers from Metz through the State, and for forwarding provisions to Thionville. Bismarck accordingly notified the signatories of the Treaty of 1867 that the King of Prussia could no longer hold himself bound to observe the neutrality of Luxemburg. Papers were then exchanged between Earl Granville and the Prussian Government on this subject. Eventually the overwhelming military successes of Prussia in France made any action of Bismarck with regard to Luxemburg unnecessary from a military point of view. If, as he con8tended, France had violated Luxemburg neutrality, Prussia would, of course, have been justified in considering herself free to treat the Grand Duchy as no longer neutralized with regard to the war then being waged. In conclusion, on January 20, 1871, Bismarck notified the British Government that the King of Prussia had no intention of denouncing the Treaty of 1867, and so the affair ended. 1
The Dutch branch of the House of Orange- Nassau came to an end in the male line in 1890, on the death of King William III of the Netherlands. The Grand Duchy, unlike the kingdom, was bound by the Salic Law, and accordingly passed to the branch of the Dukes of Nassau. The neutrality of the Grand Duchy was unbroken till the outbreak of the European War. On August 2, 1914, the German forces entered Luxemburg; the Imperial Government alleged that French forces had already committed hostile acts within the Grand Duchy.
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1 Parliamentary Papers, 1871; Mowat, Select Treaties, pp. 44-8.
TREATY BETWEEN GREAT BRITAIN, AUSTRIA, BELGIUM, FRANCE, ITALY,
THE NETHERLANDS, PRUSSIA, AND RUSSIA,
RELATIVE TO THE GRAND DUCHY OF LUXEMBURG AND THE DUCHY OF LIMBURG.
SIGNED AT LONDON, 11TH MAY, 1867. 1
ARTICLE I. His Majesty the King of the Netherlands, Grand Duke of Luxemburg, maintains the ties which attach the said Grand Duchy to the House of Orange-Nassau, in virtue of the Treaties which placed that State under the Sovereignty of the King Grand Duke, his descendants and successors.
The Rights which the Agnates of the House of Nassau possess with regard to the Succession of the Grand Duchy, in virtue of the same Treaties, are maintained.
The High Contracting Parties accept the present Declaration, and place it upon record.
ARTICLE II. The Grand Duchy of Luxemburg, within the Limits determined by the Act annexed to the Treaties of the 19th April, 1839, under the Guarantee of the Courts of Great Britain, Austria, France, Prussia, and Russia, shall henceforth form a perpetually Neutral State.
It shall be bound to observe the same Neutrality towards all other States.
The High Contracting Parties engage to respect the principle of Neutrality stipulated by the present Article.
That principle is and remains placed under the sanction of the collective Guarantee of the Powers signing Parties to the present Treaty, with the exception of Belgium, which is itself a Neutral State.
ARTICLE III. The Grand Duchy of Luxemburg being Neutralized, according to the terms of the preceding Article, the maintenance or establishment of Fortresses upon its Territory becomes without necessity as well as without object.
In consequence, it is agreed by common consent that the City of Luxemburg, considered in time past, in a military point of view, as a Federal Fortress, shall cease to be a fortified city.
His Majesty the King Grand Duke reserves to himself to maintain in that city the number of troops necessary to provide in it for the maintenance of good order.
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1 State Papers, vol. lvii, p. 32; Hertslet, vol. iii, No. 405.
ARTICLE IV. In conformity with the stipulations contained in Articles II and III, His Majesty the King of Prussia declares that his troops actually in garrison in the Fortress of Luxemburg shall receive orders to proceed to the Evacuation of that place immediately after the exchange of the Ratifications of the present Treaty. The withdrawal of the artillery, munitions, and every object which forms part of the equipment of the said Fortress shall commence simultaneously. During that operation there shall remain in it no more than the number of troops necessary to provide for the safety of the material of war, and to effect the dispatch thereof, which shall be completed within the shortest time possible.
ARTICLE V. His Majesty the King Grand Duke, in virtue of the rights of Sovereignty which he exercises over the City and Fortress of Luxemburg, engages, on his part, to take the necessary measures for converting the said Fortress into an open city by means of a demolition which His Majesty shall deem sufficient to fulfil the intentions of the High Contracting Parties expressed in Article III of the present Treaty. The works requisite for that purpose shall be commenced immediately after the withdrawal of the garrison. They shall be carried out with all the attention required for the interests of the inhabitants of the city.
His Majesty the King Grand Duke promises, moreover, that the Fortifications of the city of Luxemburg shall not be restored in future, and that no Military Establishment shall be there maintained or created.
ARTICLE VI. The Powers signing Parties to the present Treaty recognize that the Dissolution of the Germanic Confederation having equally produced the Dissolution of the ties which united the Duchy of Limburg, collectively with the Grand Duchy of Luxemburg, to the said Confederation, it results therefrom that the relations, of which mention is made in Articles III, IV, and V of the Treaty of the 19th April, 1839, between the Grand Duchy and certain Territories belonging to the Duchy of Limburg, have ceased to exist, the said Territories continuing to form an integral part of the Kingdom of the Netherlands.
ARTICLE VII. The present Treaty shall be ratified, and the Ratifications shall be exchanged at London within the space of 4 weeks, or sooner if possible.
In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the Seals of their Arms.Done at London, the 11th day of May, in the year of Our Lord, 1867.
(L.S.) STANLEY.
(L.S.) APPONYI.
(L.S.) VAN DE WEYER.
(L.S.) LA TOUR D'AUVERGNE.
(L.S.) D'AZEGLIO.
(L.S.) BENTINCK.
(L.S.) TORNACO.
(L.S.) E. SERVAIS.
(L.S.) BERNSTORFF.
(L.S.) BRUNNOW.
CHAPTER X
THE FRANCO-GERMAN WAR
France and Prussia, 1866 -- Bismarck on the prospect of War -Grand Duchy of Luxemburg -- The Hohenzollern candidature for Spanish Throne -- Duc de Gramont's views -- Attitude of the King of Prussia -- Withdrawal of Hohenzollern candidature -Demand of French Government -- Refusal of Bismarck -- Ems Telegram -- Protocol of Paris ( 1856) -- Neutrality of Belgium -War, 1870-1 -- Proclamation of German Empire -- Preliminaries of Versailles -- Treaty of Frankfort -- Constitution of the German Empire -- Outcome of Franco-German War.
Texts: The Preliminaries of Versailles ( 1871) -- The Treaty of Frankfort ( 1871) -- The Constitution of the German Empire.
IT has already been related, in a previous chapter, that after the conclusion of the Austro-Prussian Convention at Gastein in 1865, Count Bismarck, in view of the practical certainty of war with Austria in the near future, approached the Emperor of the French for the purpose of obtaining his concurrence in a projected alliance between Prussia and Italy, to become operative on the outbreak of such a war. Bismarck and the Emperor Napoleon III met at Biarritz in September 1865. Their negotiations, or conversations, took place without witnesses, and the precise form which they assumed is not known. That Napoleon favoured the acquisition of Venetia by Italy is undeniable, but that he fell in with Bismarck's proposals without a promise of compensation, real or implied, may well be doubted. Whatever impression Bismarck may have left upon his mind, the fact remains that on the conclusion of peace between Austria and Prussia in 1866, no benefits accrued to France if we except the prestige conferred upon the Emperor by his assumption of the rôle of mediator in arranging the terms of that peace. It is not surprising that an ever-increasing jealousy of the growing power of Prussia supervened.
Bismarck, in his Reminiscences, says, 'It was already quite clear to me that we should have to defend the conquests of the campaign in future wars, just as Frederick the Great had to defend the results of his two first Silesian Wars in the fiercer fire of the Seven Years' War. That a war with France would succeed that with Austria lay in the logic of history'. 1
Prussia proceeded with her task of the unification of Germany by the formation of the North German Confederation, by treaties of alliance with the Southern German States, and by the placing of all military power in the hands of the Prussian monarch (see p. 250 ). It was the general opinion that a war with France was only a question of time. In 1867 the question of Luxemburg for a while threatened the peace of Europe, when France and Prussia held divergent views about the future of the Grand Duchy, but the danger of war was averted by means of a Conference of the Powers at London, where a treaty was signed in which the neutrality of Luxemburg was guaranteed. 2
In the winter of 1868-9 Count von Moltke elaborated a complete scheme of action for the contingency of an invasion of France. Peace was, however, maintained until the year 1870, when General Prim, the head of the provisional Government in Spain, suddenly and without notice to other foreign States ( England and France, at any rate, were not previously informed), offered the then vacant throne of Spain to Prince Leopold of HohenzollernSigmaringen, who accepted it.
The news of this event reached Paris and London on July 5, 1870. The Duc de Gramont immediately informed the Prussian ambassador at Paris, in plain language, that France could not tolerate the establishment of any Prussian
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1 Bismarck, Reflections and Reminiscences (trans. Butler), chap. XX.
2 State Papers, vol. lvii, p. 32; see above, pp. 257 ff.
FRANCE 1814-1917 Alsace and Lorraine ceded 1871.
Prince upon the Spanish throne; and a statement to the same effect was made by the Duke in the Corps Législatif.
I rise to reply to the interpellation addressed to me yesterday by M. Cochery. It is true that Marshal Prim has offered the crown of Spain to Prince Leopold of Hohenzollern and that the latter has accepted it. But the Spanish people have not as yet pronounced their views upon the matter, nor are we at present aware of the true details of a negotiation of which we have been kept in ignorance. An immediate discussion could not therefore lead to any practical result. We beg you, Gentlemen, to postpone it. We have never ceased to demonstrate our sympathy with the Spanish nation, and to avoid everything in the nature of an interference in the internal affairs of a great and noble nation in full exercise of its sovereignty; we have not deviated from a course of the strictest neutrality with regard to the various aspirants to the throne and we have never shown for any of them either preference or aversion. We shall persevere in this line of conduct. But we do not believe that our respect for the rights of a neighbouring people obliges us to permit a Foreign Power, by placing one of her Princes upon the throne of Charles V, to disturb to our detriment the existing equilibrium of the forces of Europe, and to endanger the interests and the honour of France. We have a firm hope that this eventuality will not be realised. To prevent it we rely equally upon the wisdom of the German people and upon the friendship of those of Spain. If it were otherwise, strong in your support, Gentlemen, and in that of the Nation, we should know how to fulfil our duty without hesitation and without weakness. 1
On July 6 the French ambassador in London appealed to the British Government to exercise all their influence upon Prussia and upon Spain in order to put a stop to the projected installation of the Prince on the Spanish throne. Lord Granville accordingly addressed strong but friendly representations both to Prussia and to Spain, urging them for the sake of the general welfare to consider the possible consequences of an adherence to the proposed arrangement. Lord Lyons reported from Paris on the indignation of the
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1 State Papers, vol. ix, pp. 788-9.
French people at what they could only regard as an insult and a challenge from Prussia, adding, however, that he did not believe that either the Emperor or his Ministers either wished for war or expected it. The Duc de Gramont, in discussing the question with the ambassador, urged that it was not only the pride of France which was concerned, but also that her military power was at stake. 'What', he observed, 'had been the result of placing the brother of Prince Leopold at the head of the Government of Roumania? He had immediately begun to collect arms, to form an army, and obeying in all points the instructions he received from Berlin, to prepare a Prussian arsenal to be used in case of war between Prussia and Austria. What had been done there on a small scale would be done on a great scale in Spain. The Prince of Hohenzollern would make himself a military sovereign and would get ready the means of paralysing 200,000 French troops if France should be engaged in war in Europe. It would be madness to wait until this was accomplished.' He trusted much to the aid of the British Government in avoiding war. 1
The German ambassador informed Lord Granville that the King of Prussia was a stranger to the negotiations with Prince Leopold, but that he would not forbid the Prince to accept the crown of Spain. On the other hand, the Duc de Gramont stated that he had reason to know, and indeed the Spanish Minister did not deny it, that the King of Prussia had been cognizant of the negotiations between Prim and the Prince of Hohenzollern throughout. 2
The King of Prussia himself admitted that he had given his consent to the Hohenzollern candidature, and stated that having given it, it would be difficult to withdraw it.
The candidature of Prince Leopold was, in view of the threatening attitude of affairs, withdrawn by his father in his name, and it was at first hoped that by this action the difficulties which had arisen would be removed. It
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1 State Papers, vol. lx, pp. 784-94.
2 Ibid., pp. 796, 799.
was argued, however, by France that this was not sufficient, and that some guarantee should be given by Prussia that Prince Leopold's candidature would not be revived. Lord Granville, thereupon, whilst regretting that France was unable to accept the mere withdrawal as a sufficient concession, submitted a memorandum for communication to the King of Prussia recommending that as the King had consented to the acceptance by Prince Leopold of the throne of Spain, and had thereby in a certain sense become a party to the arrangement, His Majesty might with perfect dignity communicate to the French Government his consent to the withdrawal of that acceptance, in the event of France waiving her demand for an engagement covering the future. Count Bismarck replied by telegraph (on the 14th or 15th July) that he regretted that Her Majesty's Government should have made a proposal which it would be impossible for him to recommend to the King for his acceptance, and he went on to allude to the question of the succession, as he had previously done, as a private matter in which Prussia was not concerned. 1
A letter of July 10, 1870, from King William of Prussia to King Charles of Roumania shows that the Prussian Government knew and approved of the Hohenzollern candidature for the Spanish throne, 2 and there is no doubt that Bismarck made use of it for the furtherance of his political aims. The history of the 'Ems telegram' is instructive on this point, as told by Bismarck and Busch.
It appears that von Roon, the Prussian War Minister, and Moltke were dining with Bismarck on July 13 ( 1870). In the course of the repast intelligence arrived from the Prussian Embassy at Paris to the effect that the Prince of Hohenzollern had renounced the Spanish throne in order to prevent the war with which France threatened Prussia. Bismarck says, 'My first idea was to retire from the
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1 State Papers, vol. lx, p. 826.
2 See Aus dem Leben König Karls von Rumänien. ( Stuttgart, 1894.) Band II, 101. Letter dated 28 June-10 July 1870.
service because after all the national challenges which had gone before I perceived in this extorted submission a humiliation to Germany, for which I did not desire to be responsible'. (A threat to retire had more than once been resorted to by that statesman as an expedient for the attainment of his ends.) Following on this intelligence came a long telegram of about 200 words from King William, who was then at Ems, detailing his communications with the French ambassador Benedetti as forming part of a negotiation still pending on the Hohenzollern question. Moltke was in despair. 'It looked', says Bismarck, 'as if Our Most Gracious might knuckle under after all. . . . Seating myself at a small table I boiled down those 200 words to about twenty, but without otherwise altering or adding anything.' The reduced telegram stated, in terms so brief as to convey the impression of an actual insult, that the King had refused to see Benedetti, and had informed him by an aide-de-camp that he had nothing more to communicate to him. Moltke said, 'Now it has a different ring. It sounded before like a parley, now it sounds like a flourish in answer to a challenge.' The reduced telegram was officially published at Berlin and sent to the different Embassies in Europe. It so excited the French Government and people that war resulted in the course of a couple of days.
'Thus', says a commentator, 'the war was the deliberate work of a small group of conspirators holding the highest positions in the Prussian Empire, whose action on this occasion rendered it inevitable.' 1
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1 Nineteenth Century, August 1916. The original telegram was actually from Herr Abeken and was as follows:
'His Majesty writes to me: "Count Benedetti spoke to me on the promenade, in order to demand from me, finally in a very importunate manner, that I should authorise him to telegraph at once that I bound myself for all future time never again to give my consent if the Hohenzollerns should renew their candidature. I refused at last somewhat sternly, as it is neither right nor possible to undertake engagements of this kind à tout jamais. Naturally I told him that I had as yet received no news, and as he was earlier informed about Paris and Madrid than myself, he could clearly see that my government
It may, at any rate, be maintained that the responsibility for the war did not rest entirely on France.
The efforts of the British Government to preserve peace were continued until the last moment, an appeal being made to the 223rd Protocol of the Paris Congress ( 1856) relative to recourse being had to the good offices of a friendly Power before proceeding to extremities, but no success resulted.
On the eve of the declaration of war the French Government spontaneously declared their determination to respect the neutrality of Belgium. 1 The Prussian Government also intimated to the Netherlands Minister at Berlin that 'as regards Belgium and Luxemburg, the neutrality of both countries was guaranteed by Treaty, and it would be scrupulously respected by Prussia'. 2
Nevertheless, the British Government deemed it desirable to emphasize the fact of the neutrality of Belgium by means of a separate treaty with each of the belligerents, indicating the course which Great Britain was prepared to
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once more had no hand in the matter." His Majesty has since received a letter from the Prince. His Majesty having told Count Benedetti that he was awaiting news from the Prince, has decided, with reference to the above demand, upon the representation of Count Eulenburg and myself, not to receive Count Benedetti again, but only to let him be informed through an aide-de-camp: That his Majesty had now received from the Prince confirmation of the news which Benedetti had already received from Paris, and had nothing further to say to the ambassador. His Majesty leaves it to your Excellency whether Benedetti's fresh demand and its rejection should not be at once communicated both to our ambassadors and to the press.' The telegram, as reduced and given to the Press by Bismarck, ran as follows: 'After the news of the renunciation of the hereditary Prince of Hohenzollern had been officially communicated to the imperial government of France by the royal government of Spain, the French ambassador at Ems further demanded of his Majesty the King that he would authorise him to telegraph to Paris that his Majesty the King bound himself for all future time never again to give his consent if the Hohenzollerns should renew their candidature. His Majesty the King thereupon decided not to receive the French ambassador again, and sent to tell him through the aide-de-camp on duty that his Majesty had nothing further to communicate to the ambassador.' -- Bismarck, Reflections and Reminiscences, chap xxii.
1 State Papers, vol. lx, p. 870.
2 Ibid., vol. lx, p. 860.
follow in the event of the disregard of that neutrality by either of them. Their proposal to this effect having been accepted by France and Prussia, a treaty with each was duly signed, that with Prussia bearing date August 9, and that with France August 11, 1870. 1 It was declared that these treaties should remain in force until one year after the ratification of a Treaty of Peace between the belligerents, and on the expiration of that time the independence and neutrality of Belgium would, so far as the contracting parties were concerned, continue to rest, as in the past, on Article I of the Quintuple Treaty of April 19, 1839. 2
War was declared by France on July 19, 1870. 3
On September 2 the Emperor of the French surrendered, with his army, to the King of Prussia at Sedan; a Government of National Defence was set up at Paris; Paris was invested and bombarded by the Germans. It capitulated in January 1871. On the 28th of the same month a convention of armistice was concluded at Versailles. 4
A Preliminary Treaty of Peace between France and Germany was signed at Versailles on February 26, 1871. 5
The King of Prussia had previously (on January 18) been proclaimed German Emperor by the sovereigns of Germany and the chiefs of the army assembled in the Hall of Mirrors at Versailles.
By Article I of the Preliminaries the new boundaries between France and Germany, consequent on the cession of Alsace and Lorraine by France, were laid down. It was agreed that these boundaries should be traced on the spot by an international commission.
Article II stated the indemnity to be paid by France and the mode of payment. (See also Article III.)
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1 State Papers, vol. lx, pp. 10, 13.
2 Ibid., vol. xxvii, p. 1000.
3 Ibid., vol. lx, p. 907.
4 Ibid., vol. lxii, p. 49.
5 Ibid., vol. lxii, p. 59. The Documents relating to the causes of the War of 1870-1 have been issued in ten volumes by the French Government -- Les Origines diplomatiques de la Guerre de 1870- 1871 ( Paris, 1910-14).
The remaining Articles dealt with the evacuation of French territory, inhabitants of ceded territories, prisoners of war, negotiations for definitive treaty, administration of occupied territories, taxes, &c.
Bavaria, Wurtemberg, and Baden acceded to this Treaty on the day of its signature. 1
The Definitive Treaty of Peace was signed at Frankfort on May 10, 1871. 2
It contains in Article I a modification of the boundary laid down in the Preliminary Treaty, and goes on to provide for the choice of nationality by natives of ceded territory, and their retention of immovable property; an amnesty in respect of action previous to the war; surrender of archives; reimbursement of certain moneys and premiums; navigation of the Moselle and canals; diocesan limits; payment of war indemnity; conditions of evacuation on payment of instalments; contributions and taxes during occupation; maintenance of troops; importations from ceded territories into France; prisoners of war and disposition of French troops; most favoured nation treatment, with the exception of certain States; renewal of navigation, railway, and copyright treaties; French shipping dues; property of expelled Germans; naturalization; restoration of maritime prizes; canalization of the Moselle; treatment of nationals in circumstances arising from the war; preservation of soldiers' graves; additional stipulations reserved for further negotiations. The last Article (XVIII) provides for the exchange of ratifications.
Three additional Articles were signed on the same day, relating to purchase of railways and railway rights, and rectification of the frontier near Belfort.
Bavaria, Wurtemberg, and Baden acceded to this treaty on May 15, 1871.
Two additional conventions, dated respectively October 12 and December 11, relating to customs, renewal of treaties,
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1 State Papers, vol. lxii, p. 63.
2 Ibid., vol. lxii, p. 77.
&c., were also signed, the first at Berlin, the second at Frankfort. 1
A Constitution for the newly-established German Empire was promulgated at Berlin on April 16, 1871. 2 The territory of the Empire (or Confederation) is therein declared to comprise' the States of Prussia with Lauenburg, Bavaria, Saxony, Wurtemberg, Baden, Hesse, Mecklenburg-Schwerin, Saxe-Weimar, Mecklenburg-Strelitz, Oldenburg, Brunswick, Saxe-Meiningen, Saxe-Altenburg, Saxe-Coburg-Gotha, Anhalt, Schwarzburg-Rudolstadt, Schwarzburg-Sondershausen, Waldeck, Reuss Elder Line, Reuss Younger Line, Schaumburg-Lippe, Lippe, Lubeck, Bremen, and Hamburg'.
The Confederation, which was to bear the name of 'German Empire', was established, according to the preamble, for the protection of the territory of the Confederation and the rights thereof, as well as to care for the welfare of the German people.
One common nationality was declared to exist for entire Germany, so that every person belonging to any one of the Confederated States should be treated in every other of those States as a born native, with equal rights. Imperial laws were given precedence over laws of the States. A Council of the Confederation was formed in which Prussia had 17 votes (as in the previous Constitution of 1867), Bavaria 6 votes, Saxony and Wurtemberg 4 votes each, Baden and Hesse 3 votes each, Mecklenburg-Schwerin and Oldenburg 2 votes each, and the remaining States 1 vote each, making a total of 58 votes. The presidency of the Confederation was vested in the King of Prussia, 'who bears the name of German Emperor', whose attribute it was to represent the Empire internationally, to declare war and to conclude peace, to enter into alliances and other treaties with foreign Powers, and to accredit and to receive ambassadors. The consent of the Council was declared necessary for the declaration of war, unless an
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1 State Papers, vol. lxii, pp. 88, 92.
2 Ibid., vol. lxi, p. 58.
attack on the territory of the Confederation should have taken place. One customs and commercial territory for the whole of Germany was decreed. The Constitution further dealt with the construction and management of imperial railways; with postal and telegraph affairs; with the navy (under the command of the Emperor), and the obligation of the maritime population to serve in it, while exempt from service in the land forces; with the merchant navy; with the appointment of consuls; with universal military service, the strength of the army in peace, the entire force to form a single army under the command of the Emperor, &c.; with the erection of fortresses; with the imperial finances, &c. The last Article of the Constitution (Article LXXVIII) declares that alterations in the Constitution shall be considered as rejected if they have fourteen votes in the Council against them.
The outcome of the Franco-German War thus embraced a further unification of all Germany ( Austria excepted), as well as an accession of territory in the cession of Alsace and Lorraine by France, and the payment by France of a huge war indemnity of 5 milliards of francs.
PRELIMINARY TREATY OF PEACE BETWEEN FRANCE AND GERMANY.
SIGNED AT VERSAILLES, 26TH FEBRUARY, 1871. 1
ARTICLE I. France renounces in favour of the German Empire all her Rights and Titles over the Territories situated on the East of the Frontier hereafter described.
The Line of Demarcation begins at the North-west Frontier of the Canton of Cattenom, towards the Grand Duchy of Luxemburg, follows on the South the Western Frontiers of the Cantons of Cattenom and Thionville, passes by the Canton of Briey, along the Western Frontiers of the Communes of Montjois-la-Montagne and Roncourt,
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1 French version in State Papers, vol. lxii, p. 59; Hertslet, vol. iii, No. 438.
as well as the Eastern Frontiers of the Communes of Marieaux-Chênes, St. Ail, Habonville, reaches the Frontier of the Canton de Gooze, which it crosses along the Communal Frontiers of Vionville, Bouxières, and Onville, follows the South-west Frontier, south of the District of Metz, the Western Frontier of the District of Chateau-Salins, as far as the Commune of Pettoncourt, taking in the Western and Southern Frontiers thereof to follow the Crest of the Mountains between Seille and Moncel, as far as the Frontier of the District of Sarreburg, to the South of Garde. The demarcation afterwards coincides with the Frontier of that District as far as the Commune of Tanconville, reaching the Frontier to the North thereof, from thence it follows the Crest of the Mountains between the Sources of the White Sarre and Vezouze, as far as the Frontier of the Canton of Schirmeck, skirts the Western Frontier of that Canton, includes the Communes of Saales, Bourg-Bruche, Colroy-la-Roche, Plaine, Ranrupt, Saulxures, and St. Blaise-la-Roche of the Canton of Saales, and coincides with the Western Frontier of the Departments of the Lower Rhine and the Upper Rhine as far as the Canton of Belfort, the Southern Frontier of which it leaves not far from Vourvenans, to cross the Canton of Delle at the Southern Limits of the Communes of Bourogne and Froide Fontaine, and to reach the Swiss Frontier skirting the Eastern Frontiers of the Communes of Jonchery and Delle.
The German Empire shall possess these Territories in perpetuity in all Sovereignty and Property. An International Commission, composed of an equal number of Representatives of the two High Contracting Parties, shall be appointed immediately after the exchange of the Ratifications of the present Treaty, to trace on the spot the new Frontier, in conformity with the preceding stipulations.
This Commission shall preside over the Division of the Lands and Funds, which have hitherto belonged to Districts or Communes divided by the new Frontiers; in case of disagreement in the tracing and the measures of execution, the Members of the Commission shall refer to their respective Governments.
The Frontier, such as it has just been described, is marked in green on two identic copies of the Map of the Territory forming the Government of Alsace, published at Berlin in September 1870, by the Geographical and Statistical Division of the Staff, and a copy of which shall be annexed to both copies of the present Treaty.
Nevertheless, the alteration of the above tracing has been agreed to by the two Contracting Parties. In the former Department of the Moselle, the Villages of Marieaux-Chânes near St. Privat-la-Montagne, and Vionville to the west of Rezonville, shall be ceded to Germany. In exchange thereof, France shall retain the Town and Fortifications of Belfort, with a Radius which shall be hereafter determined upon.
ARTICLE II. France shall pay to His Majesty the Emperor of Germany the sum of 5,000,000,000 Francs (5 milliards).
The Payment of at least 1,000,000,000 (one milliard) Francs shall be effected within the year 1871, and the whole of the remainder of the Debt in the space of 3 years, dating from the Ratification of the present Treaty.
ARTICLE III. The Evacuation of the French Territory occupied by German Troops shall begin after the Ratification of the present Treaty by the National Assembly sitting at Bordeaux. Immediately after that Ratification, the German Troops shall quit the interior of Paris, as well as the Forts on the Left Bank of the Seine, and within the shortest possible delay agreed upon between the military authorities of the two Countries, they shall entirely evacuate the Departments of Calvados, Orne, Sarthe, Eure-et-Loire, Loiret, Loire-et-Cher, Indre-et-Loire, Yonne, and also the Departments of the Seine Inférieure, Eure, Seine-et-Oise, Seine-et-Marne, Aube, and Côte d'Or, as far as the Left Bank of the Seine. The French troops shall fall back at the same time behind the Loire, which they shall not be allowed to pass before the signature of the Definitive Treaty of Peace. The Garrison of Paris is excepted from this disposition, the number of which shall not exceed 40,000 men, and the Garrisons indispensably necessary for the safety of the strongholds.
The Evacuation of the Departments between the Right Bank of the Seine and the Eastern Frontier by German Troops shall take place gradually after the Ratification of the Definitive Treaty of Peace and the payment of the first 500,000,000 (half milliard) of the contribution stipulated by Article II, beginning with the Departments nearest to Paris, and shall continue gradually, according to the proportion of the Payments made on account of the Contribution; after the first Payment of a 500,000,000 (half milliard) that Evacuation shall take place in the following Departments: Somme, Oise, and the parts of the Departments of the Seine Inférieure, Seine-et-Oise, Seine-et-Marne, situated on the Right Bank of the Seine, as well as the part of the Department of the Seine, and the Forts situated on the Right Bank.
After the payment of 2,000,000,000 (two milliards), the German occupation shall only include the Departments of the Marne, Ardennes, Haute Marne, Meuse, Vosges, Meurthe, as well as the Fortress of Belfort, with its Territory, which shall serve as a pledge for the remaining 3,000,000,000 (3 milliards), and in which the number of the German Troops shall not exceed 50,000 men. His Majesty the Emperor will be willing to substitute for the Territorial Guarantee, consisting in the partial occupation of the French Territory, a Financial Guarantee, should it be offered by the French Government under conditions considered sufficient by His Majesty the Emperor and King for the interests of Germany. The 3,000,000,000 (3 milliards), the payment of which shall have been deferred, shall bear Interest at the rate of 5 per cent., beginning from the Ratification of the present Convention.
ARTICLE IV. The German Troops shall abstain from levying contributions either in money or in kind in the occupied Departments. On the other hand, the maintenance of the German Troops remaining in France shall be at the expense of the French Government in the manner decided upon by an Agreement with the German Military Administration.
ARTICLE V. The interests of the Inhabitants of the Territories ceded by France, in everything relating to their Commerce and their Civil Rights shall be regulated in as favourable a manner as possible when the conditions of the Definitive Peace are settled. A certain time will be fixed, during which they will enjoy particular advantages for the disposal of their produce. The German Government will put no obstacle in the way of Free Emigration by the Inhabitants from the ceded Territories, and shall take no steps against them affecting their Persons or their Property.
ARTICLE VI. The Prisoners of War who shall not have been already set at liberty by exchange shall be given up immediately after the Ratification of the present Preliminaries. In order to accelerate the transport of French Prisoners, the French Government shall place at the disposal of the German Authorities in the interior of the German Territory a part of the rolling-stock of its Railways in such proportion as shall be determined by special arrangements, and at prices paid in France by the French Government for military transport.ARTICLE VII. The opening of negotiations for the Definitive Treaty of Peace to be concluded on the Basis of the present Preliminaries shall take place at Brussels, immediately after the Ratification of the latter by the National Assembly and by His Majesty the Emperor of Germany.ARTICLE VIII. After the conclusion and the Ratification of the Definitive Treaty of Peace, the Administration of the Departments which are still to remain occupied by the German Troops shall be made over to the French authorities. But the latter shall be bound to conform to the orders which the Commanders of the German troops may think necessary to give in the interests of the safety, maintenance, and distribution of the Troops.After the Ratification of the present Treaty, the Taxes in the occupied Departments shall be levied on account of the French Government, and by its own Officers.ARTICLE IX. It is well understood that these stipulations do not give to the German Military Authority any right over the parts of Territory which it does not actually occupy.ARTICLE X. The present Preliminary Treaty shall be immediately submitted to the Ratification of His Majesty the Emperor of Germany and to the French National Assembly sitting at Bordeaux.In testimony whereof the Undersigned have signed the present Preliminary Treaty, and sealed it with the Seal of their Arms.Done at Versailles, 26th February, 1871.
(L.S.) Bismarck.
(L.S.) A. THIERS.
(L.S.) JULES FAVRE.
ACCESSION OF BADEN, BAVARIA, AND WURTEMBERG.
The Kingdoms of Bavaria and Wurtemberg, and the Grand Duchy of Baden, having taken part in the actual War as Allies of Prussia, and now forming part of the Germanic Empire, the Undersigned adhere to the present Convention in the name of their respective Sovereigns.
Versailles, 26th February, 1871.
CTE. DE BRAY-STEINBURG.
MITTNACHT.
BN. DE WACHTER.
JOLLY.
DEFINITIVE TREATY OF PEACE BETWEEN FRANCE AND GERMANY.
SIGNED AT FRANKFORT, 10TH MAY, 1871. 1
ARTICLE I. The distance between the Town of Belfort and the Line of Frontier, such as it had been proposed during the negotiations of Versailles, and such as it is marked on the Map annexed to the Ratifications of the Preliminaries of the 26th February, is considered as describing the Radius which, by virtue of the Clause relating thereto in Article I of the Preliminaries, is to remain to France with the Town and Fortifications of Belfort.
The German Government is disposed to extend that Radius so as to include the Cantons of Belfort, Delle, and Giromagny, as well as the western part of the Canton of Fontaine, to the West of a line to be traced from the spot where the Canal from the Rhone to the Rhine leaves the Canton of Delle to the South of Montreux-Château, to the Northern Limits of the Canton between Bourg and Félon where that Line would join the Eastern Limit of the Canton of Giromagny.
The German Government will, nevertheless, not cede the above Territories unless the French Republic agrees, on its part, to a rectification of Frontier along the Western Limits of the Cantons of Cattenom and Thionville which will give to Germany the Territory to the East of a Line starting from the Frontier of Luxemburg between Hussigny and Redingen, leaving to France the Villages of Thil and Villerupt, extending between Erronville and Aumetz between Beuvillers and Boulange, between Trieux and
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1 French version in State Papers, vol. lxii, pp. 77, 83. Hertslet, vol. iii, No. 446.
Lomeringen, and joining the ancient Line of Frontier between Avril and Moyeuvre.
The International Commission, mentioned in Article I of the Preliminaries, shall proceed to the spot immediately after the Ratifications of the present Treaty to execute the Works entrusted to them and to trace the new Frontier, in accordance with the preceding dispositions.
ARTICLE II. French Subjects, Natives of the ceded Territories, actually domiciled on that Territory, who shall preserve their Nationality, shall up to the 1st October, 1872, and on their making a previous Declaration to that Leffect to the Competent Authority, be lowed to change their domicile into France and to remain there, that right in nowise infringing on the Laws on Military Service, in which case the title of French Citizen shall be maintained.
They shall be at liberty to preserve their Immovables situated in the Territory united to Germany.
No Inhabitant of the ceded Territory shall be prosecuted, annoyed, or sought for, either in his person or his property, on account of his Political or Military Acts previous to the War.
ARTICLE III. The French Government shall deliver over to the German Government the Archives, Documents, and Registers relating to the Civil, Military, and Judicial Administration of the ceded Territories. Should any of the Documents be found missing, they shall be restored by the French Government on the demand of the German Government.
ARTICLE IV. The French Government shall make over to the Government of the Empire of Germany within the term of 6 Months dating from the exchange of the Ratifications of this Treaty: 1. The amount of the sum deposited by the Departments, Communes, and Public Establishments of the ceded Territories. 2. The amount of the premium of Enlistment and Discharge belonging to Soldiers and Sailors natives of the ceded Territory who shall have chosen the German Nationality. 3. The Amount of Security of responsible Agents of the State. 4. The Amount of Sums deposited for Judicial Consignments on account of measures taken by the Administrative or Judicial Authorities in the ceded Territories.
ARTICLE V. The two Nations shall enjoy equal privileges as far as regards the Navigation on the Moselle, the Canal of the Marne to the Rhine, the Canal of the Rhone to the Rhine, the Canal of the Sarre and the Navigable Waters communicating with those channels of Navigation. The Right of Floatage shall be maintained.
ARTICLE VI. The High Contracting Parties being of opinion that the Diocesan circumscriptions of the Territories ceded to the German Empire must agree with the new Frontier determined upon by Article I above, will consider, without delay, after the Ratification of the present Treaty, upon the measures to be taken in common on the subject.
The Communities belonging either to the Reformed Church or to the Augsburg Confession, established on the Territories ceded by France, shall cease to be under French Ecclesiastical Authority.
The Communities of the Church of the Augsburg Confession established in the French Territories shall cease to be under the Superior Consistories and of the Directors residing at Strasburg.
The Jewish Communities of the Territories situated to the East of the new Frontier shall cease to depend on the Central Jewish Consistory residing at Paris.
ARTICLE VII. The payment of 500,000,000 (½ milliard) shall be made within 30 days after the re-establishment of the Authority of the French Government in the City of Paris. 1,000,000,000 (1 milliard) shall be paid in the course of the year, and 500,000,000 (½ milliard) on the 1st May, 1872. The last 3,000,000,000 (3 milliards) shall remain payable on the 2nd March, 1874, as stipulated in the Preliminary Treaty. From the 2nd March of the present year the Interest on those 3,000,000,000 francs (3 milliards) shall be paid each year on the 3rd March, at the rate of 5 per cent. per annum.
All sums paid in advance on the last 3,000,000,000 shall cease to bear Interest from the day on which the payment is made.
The payment can only be made in the principal German Commercial Towns, and shall be made in metal, Gold or Silver, in Notes of the Bank of England, in Prussian Bank Notes, in Netherlands Bank Notes, in Notes of the National Bank of Belgium, in first class Negotiable Bills to Order or Letters of Exchange, payable at sight.
The German Government having fixed in France the value of a Prussian Thaler at 3 francs 75 centimes, the French Government accepts the conversion of the Moneys of both Countries at the rate above stated.
The French Government will inform the German Government, 3 months in advance, of all payments which it intends to make into the Treasury of the German Empire.
After the payment of the first 500,000,000 (½ milliard) and the Ratification of the Definitive Treaty of Peace, the Departments of the Somme, Seine Inférieure, and Eure shall be evacuated in so far as they shall be found to be still occupied by German Troops. The Evacuation of the Departments of the Oise, Seine-et-Oise, Seine-et-Marne, and Seine, as well as the Forts of Paris, shall take place so soon as the German Government shall consider the reestablishment of Order, both in France and Paris, sufficient to ensure the execution of the Engagements contracted by France.
Under all circumstances, the Evacuation shall take place after the payment of the third 500,000,000 (½ milliard).
The German Troops, for their own security, shall have at their disposal the Neutral Zone between the German line of Demarcation and the Paris enclosure on the Right Bank of the Seine.
The stipulations of the Treaty of 26th February relative to the occupation of French Territories after the payment of the 2,000,000,000 (2 milliards), shall remain in force. None of the deductions which the French Government might have a right to make shall be made on the payment of the first 500,000,000 (½ milliard).
ARTICLE VIII. German Troops shall continue to abstain from levying contributions either in kind or money in the occupied Territories; that obligation on their part being correlative to the obligations contracted for their maintenance by the French Government, in case the French Government, notwithstanding the reiterated demands of the German Government, was behindhand in the execution of the said obligations, the German Troops will have the right to procure what is necessary to their wants by levying Taxes and Contributions in the occupied Departments, and even outside of them, should their resources not be sufficient. with reference to the Maintenance of the German Troops, the system actually in force shall be continued until the Evacuation of the Paris Forts.
In virtue of the Convention of Ferrières, of 11th March, 1871, the reductions pointed out by that Convention shall be put into force after the Evacuation of the Forts. 1
As soon as the effective of the German Army shall be reduced below the number of 500,000 men, account shall be taken of the reductions made below that number to establish a proportionate diminution in the price of the Maintenance of the Troops paid by the French Government.
ARTICLE IX. The exceptional Treatment at present granted to the Produce of the Industry of the ceded Territories for Imports into France, shall be continued for 6 months, from the 1st March, under the conditions made with the Commissioners of Alsace.
ARTICLE X. The German Government shall continue to deliver up Prisoners of War, making arrangements with the French Government. The French Government shall send to their homes such of the Prisoners as can be discharged. As for those who shall not have completed their term of service, they shall be sent beyond the Loire. It is understood that the Army of Paris and Versailles, after the re-establishment of the authority of the French Government at Paris, and until the Evacuation of the Forts by German Troops, shall not exceed 80,000 men. Until that Evacuation, the French Government shall not concentrate Troops on the Right Bank of the Loire, but it shall provide Garrisons in the Towns within that circuit, according to the necessities for the maintenance of Public Order and Peace.
As the Evacuation shall proceed, the Commanders of Regiments shall agree together as to a Neutral Circuit between the Armies of the two Nations.
20,000 Prisoners shall be sent without delay to Lyons on condition that they are immediately sent to Algiers, after their organization, to be employed in that Colony.
ARTICLE XI. The Treaties of Commerce with the different States of Germany having been annulled by the War, the French Government and the German Government will adopt as the basis of their Commercial Relations
____________________
1 Convention for the execution of the Preliminaries of Peace: State Papers, vol. lxii, p. 65.
the system of reciprocal Treatment on the footing of the Most favoured Nation.
Are included therein Import and Export Duties, Transit Dues, Customs Formalities, the admission and treatment of both Nations as well as their Agents.
Shall nevertheless be excepted from the above Rule the favours which one of the Contracting Parties has granted or may grant, by Treaties of Commerce, to other States than the following: Great Britain, Belgium, Netherlands, Switzerland, Austria, Russia.
The Treaties of Navigation as well as the Convention relative to the International Service of Railways in its relation with the Customs, and the Convention for the reciprocal Guarantee of Literary and Artistic Works, shall be renewed.
The French Government nevertheless reserves to itself the right of levying Tonnage and Shipping Duties (Droit de Pavillon) on German Vessels and their Cargoes, under the reservation that those Duties shall not be higher than those imposed on Vessels and Cargoes of the above-mentioned Nations.
ARTICLE XII. All expelled Germans shall preserve the full and entire enjoyment of all Property which they may have acquired in France.
Such Germans who had obtained the authority required by French Laws to establish their Domicile in France shall be reinstated in all their Rights, and may consequently again establish their Domicile in French Territory.
The delay stipulated by French Laws to obtain Naturalisation shall be considered as not having been interrupted by the state of War for persons who shall take advantage of the above-mentioned facility of returning to France within 6 months after the exchange of the Ratifications of this Treaty, and the time which has elapsed between their expulsion and their return to the French Territory shall be taken into account, as if they had never ceased to reside in France.
The above conditions shall be applicable in perfect reciprocity to the French Subjects residing, or wishing to reside, in Germany.
ARTICLE XIII. German Vessels condemned by Prize Courts before the 2nd March, 1871, shall be considered as definitively condemned.
Those not condemned at the above-mentioned date shall be restored with their Cargo in so far as it still exists. If the restoration of the Vessels and Cargo is no more possible, their value, fixed according to the price of the sale, shall be restored to their Owners.ARTICLE XIV. Each of the two Parties shall continue on his Territory the Works undertaken for the Canalisation of the Moselle. The Common Interests of the separate parts of the two Departments of the Meurthe and the Moselle shall be liquidated.ARTICLE XV. The High Contracting Parties mutually engage to extend to their respective Subjects the measures which they may consider necessary to adopt in favour of those of their Subjects who, in consequence of the events of the War, may have been prevented arriving in time for the safety or the preservation of their Rights.ARTICLE XVI. The two Governments, French and German, reciprocally engage to respect and preserve the Tombs of Soldiers buried in their respective Territories.ARTICLE XVII. The Regulation of additional Stipulations upon which an understanding is to be come to in consequence of this Treaty and the Preliminary Treaty, will be the object of further Negotiations which shall take place at Frankfort.ARTICLE XVIII. The Ratification of the present Treaty by the National Assembly and by the Chief of the Executive of the French Republic, on the one part, and on the other by the Emperor of Germany, shall be exchanged at Frankfort, in the delay of 10 days, or sooner if possible.In faith whereof the respective Plenipotentiaries have signed it and affixed thereto the Seal of their Arms.Done at Frankfort, 10th May, 1871.
(L.S.) JULES FAVRE.
(L.S.) POUYER-QUERTIER.
(L.S.) DE GOULARD.
(L.S.) Bismarck.
(L.S.) ARNIM.
ADDITIONAL ARTICLES. 1
ARTICLE I.
§ 1. From this date until the date fixed for the exchange of the Ratifications of the present Treaty the French Government shall exercise its right of redemp-
____________________
1 Translated from the French as given in State Papers, vol. lxii, pp. 83, 84.
tion of the Concession granted to the Eastern Railway Company (Compagnie des Chemins de Fer de l'Est). The German Government shall be surrogated in respect of all the rights which the French Government shall have acquired by the repurchase of the concessions so far as they concern the railways situated within the ceded territories whether completed or in course of construction.
§ 2. The following shall be included in this concession:
1. All the lands belonging to the said company, whatever shall be their purpose, such as establishments for a terminus, for stations, sheds, workshops and store houses, houses of keepers of the line, &c.
2. All immovables connected with them, such as gates, fences, points, turntables, water-tanks, hydraulic cranes, stationary engines, &c.
3. All materials, combustibles and supplies of all kinds, furniture of stations, tools of work-shops and stations, &c.
4. Sums of money due to the Eastern Railway Company by way of subsidy granted by corporations or persons domiciled within the ceded territories.
§ 3. Rolling-stock is excluded from this concession. The German Government will give up to the French Government that part of the rolling-stock, with its accessories which shall be found in its possession.
§ 4. The French Government undertakes as towards the German Empire, entirely to exempt the ceded railways and their dependances from all rights claimed by third parties, and particularly those of the Bondholders (Obligataires).
It undertakes equally, should the case arise, to take the place of the German Government in the matter of any claims which may be brought against that Government by any creditors of the railways in question.
§ 5. The French Government will make itself liable for any claims of the Eastern Railway Company preferred against the German Government or its Agents on account of the working of the said railways and for the use of the objects indicated in the above § 2 and of the rolling-stock. The German Government will communicate to the French Government, on its demand, all the documents and all the information which may serve to establish the facts upon which the above-mentioned claims may be founded.
§ 6. The German Government will pay to the French Government for the cession of the proprietary rights indicated in §§ 1 and 2, and as an equivalent for the engagement taken by the French Government in § 4, the sum of 325,000,000 francs.
This sum shall be deducted from the war indemnity stipulated for in Article VII. Seeing that the circumstances which constituted the basis for the Convention concluded between the Company of the Eastern Railways and the Royal Grand Ducal Society of the Guillaume-Luxembourg Railways dated June 6, 1857 and January 21, 1868, and that concluded between the Government of the Grand Duchy of Luxembourg and the Societies of the GuillaumeLuxembourg and the French Eastern Railways of December 5, 1868, have been essentially modified to an extent that they are not applicable to the state of things created by the stipulations contained in § 1, the German Government declares itself ready to take over the rights and liabilities resulting from these Conventions from the Company of the Eastern Railways.
In case the French Government should acquire (serait subrogé), either by the repurchase of the Concession of the Eastern Railways Company, or as a consequence of a special understanding, the rights of that Company in virtue of the above-mentioned Conventions, it undertakes to cede those rights to the German Government gratuitously within the period of six weeks.
In case the above-mentioned acquisition should not be effected, the French Government will only grant concessions in respect of the lines of railway belonging to the Eastern Company and situated within French territory, on the express condition that the holder of the Concessions shall not work the railway lines situated in the Grand Duchy of Luxembourg.
ARTICLE II. The German Government offers 2,000,000 francs for the rights and properties possessed by the Company of the Eastern Railways on that portion of its system situated on Swiss territory from the frontier at Bâle, provided that the French Government signifies its consent within a period of one month.
ARTICLE III. The Cession of Territory near Belfort, offered by the German Government in Article I of the present. Treaty in exchange for the rectification of the frontier required to the West of Thionville, shall be increased by the Territories of the following Villages: Rougemont, Leval, Petite-Fontaine, Romagny, Félon, La-Chapelle-sous-Rougemont, Angeot, Vauthier-Mont, Rivière, Grasige, Reppe, Fontaine, Frais, Foussemagne, Cunelières, MontreuxChâteau, Brelagne, Chavannes-les-Grands, Chavanatte, and Suarce.The Giromagny and Remiremont Road, thoroughfare to the Balloon of Alsace, shall remain to France throughout its whole extent, and shall serve as a Limit in so far as it is situated outside the Canton of Giromagny.Done at Frankfort, 10th May, 1871.
(L.S.) JULES FAVRE.
(L.S.) POUYER-QUERTIER.
(L.S.) DE GOULARD.
(L.S.) Bismarck.
(L.S.) ARNIM.
CONSTITUTION OF THE GERMAN EMPIRE. BERLIN, 16TH APRIL, 1871. 1
(Translation.)
His Majesty the King of Prussia in the name of the North German Confederation, His Majesty the King of Bavaria, His Majesty the King of Wurtemberg, His Royal Highness the Grand Duke of Baden, and His Royal Highness the Grand Duke of Hesse and by Rhine, 2 for those parts of the Grand Duchy of Hesse which are south of the river Main, conclude an everlasting Confederation for the protection of the Territory of the Confederation and the rights thereof, as well as to care for the welfare of the German people. This Confederation will bear the name 'German Empire', and is to have the following
CONSTITUTION.
I. Territory of the Confederation.
ARTICLE I. The Territory of the Confederation is comprised of the States of Prussia with Lauenburg, Bavaria, Saxony, Wurtemberg, Baden, Hesse, Mecklenburg-Schwerin, Saxe-Weimar, Mecklenburg-Strelitz, Oldenburg, Brunswick, Saxe-Meiningen, Saxe-Altenburg, Saxe-Coburg-Gotha, Anhalt, Schwarzburg-Rudolstadt, Schwarzburg-Sondershausen, Waldeck, Reuss Elder Line, Reuss Younger Line, Schaumburg-Lippe, Lippe, Lubeck, Bremen, and Hamburg.
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1 From a translation in State Papers, vol. lxi, p. 58.
2 Grand Duc de Hesse et du Rhin.
II. Legislature of the Empire. ARTICL II: Within this Confederate Territory the Empire exercises the right of legislation according to the tenor of this Constitution, and with the effect that the Imperial laws take precedence of the laws of the States. The Imperial laws receive their binding power by their publication in the name of the Empire, which takes place by means of an Imperial Law Gazette. If the date of its first coming into force is not otherwise fixed in the published law, it comes into force on the 14th day after the close of the day on which the part of the Imperial Law Gazette which contains it is published at Berlin.
ARTICLE III. For entire Germany one common nationality exists with the effect, that every person (subject, State-citizen) belonging to any one of the Confederated States is to be treated in every other of the Confederated States as a born native, and accordingly must be permitted to have a fixed dwelling, to trade, to be appointed to public offices, to acquire real estate property, to obtain the rights of a State-citizen, and to enjoy all other civil rights under the same presuppositions as the natives, and likewise is to be treated equally with regard to legal prosecution or legal protection.No German may be restricted from the exercise of this right by the authorities of his own State or by the authorities of any of the other Confederated States.Those regulations which have reference to the care of the poor, and their admission into local parishes are not affected by the principles set down in the first paragraph.Until further notice the Treaties likewise remain in force which have been entered into by the particular States of the Confederation regarding the reception of persons expelled, the care of sick persons, and the burial of deceased persons belonging to the States.What is needful for the fulfilment of military duty in regard to the native country will be ordered by the way of Imperial legislation.Every German has the same claim to the protection of the Empire with regard to foreign nations.
ARTICLE IV. The forowing affairs are subject to the superintendence and legislation of the Empire:
I. The regulations as to freedom of translocation, domicile, and settlement affairs, right of citizenship, passport and police regulations for strangers, and as to transacting business including insurance affairs, in so far as these objects are not already provided for by Article III of this Constitution. In Bavaria, however, the domicile and settlement affairs, and likewise the affairs of colonization and emigration to foreign countries are herefrom excluded;
2. The customs and commercial legislation, and the taxes which are to be applied to the requirements of the Empire;
3. The regulation of the system of the coinage, weights, and measures, likewise the establishment of the principles for the issue of funded and unfunded paper money;
4. The general regulations as to banking;
5. The granting of patents for inventions
6. The protection of intellectual property
7. The organization of the common protection of German commerce in foreign countries, of German vessels and their flags at sea, and the arrangement of a common Consular representation, which is to be salaried by the Empire;
8. Railway affairs, -- excepting in Bavaria the arrangements in Article XLVI, -- and the construction of land and water communications for the defence of the country and for the general intercourse;
9. The rafting and navigation affairs on waterways belonging in common to several of the States, and the condition of the waterways, and likewise the river or other water dues;
10. Postal and telegraph affairs; in Bavaria and Wurtemberg, however, only with reference to the provisions of Article LII;
11. Regulations as to the reciprocal execution of judgments in civil affairs and the settlement of requisitions in general;
12. Likewise as to the verification of public documents;
13. The general legislation as to obligatory rights, penal law, commercial and bill-of-exchange laws, and judicial procedure;
14. The military and naval affairs of the Empire;
15. The measures of medicinal and veterinary police;
16. The regulations for the press and for union societies.
ARTICLE V. The Legislation of the Empire is carried on by the council of the Confederation and the Imperial Diet.
The accordance of the majority of votes in both Assemblies is necessary and sufficient for a law of the Empire.
In projects of law on military affairs, on naval affairs, and on the taxes mentioned in Article XXXV, the President has the casting vote in cases where there is a difference of opinion, if his vote is in favour of the maintenance of the existing arrangements.
III. Council of the Confederation.
ARTICLE VI. The Council of the Confederation consists of the Representatives of the Members of the Confederation, amongst which the votes are divided in such a manner that
Prussia has, with the former votes of Hanover, Electoral Hesse, Holstein, Nassau, and Frankfort,
17 votes
Bavaria 6 "
Saxony 4 "
Wurtemberg 4 "
Baden 3 "
Hesse 3 "
Mecklenburg- Schwerin 2 "
Saxe- Weimar 1 "
Mecklenburg-Strelitz 1 "
Oldenburg 1 "
Brunswick 2 "
Saxe-Meiningen 1 "
Saxe- Altenburg 1 "
Saxe- Coburg-Gotha 1 "
Anhalt 1 "
Schwarzburg-Rudolstadt 1 "
Schwarzburg-Sondershausen 1 "
Waldeck 1 "
Reuss Elder Line 1 "
Reuss Younger Line 1 "
Schaumburg-Lippe 1 "
Lippe 1 "
Lubeck 1 "
Bremen 1 "
Hamburg 1 "
Total: 58 votes.
Each member of the Confederation can nominate as many Plenipotentiaries to the Council of the Confederation as it has votes; but the totality of such votes can only be given in one sense.
ARTICLE VII. The Council of the Confederation determines:
1. What Bills are to be brought before the Imperial Diet, and on the resolutions passed by the same;
2. As to the administrative measures and arrangements necessary for the general execution of the Imperial Legislation, in so far as no other Imperial law has decreed to the contrary;
3. As to defects which have made themselves manifest in the execution of the Imperial laws or the above-mentioned measures and arrangements.
Every member of the Confederation has the right to propose Bills and to recommend them, and the Presidency is bound to bring them under debate.The decisions take place by simple majority, with the reservation of the stipulations in the Articles V, XXXVII, and LXXVIII. Non-represented votes, or votes without instructions, are not counted. In equal divisions the Presidential is the casting vote. In decisions upon affairs, wherein, according to the rules of this Constitution, the whole Empire has not a common interest, only the votes of those Confederated States are counted which are interested in common.
ARTICLE VIII. The Council of the Confederation forms permanent Committees from its own members;
1. For the land army and fortresses.
2. For naval affairs.
3. For customs and taxes.
4. For commerce and intercourse.
5. For railways, post, and telegraphs.
6. For affairs of justice.
7. For finances.
In each of these Committees, besides the Presidency, at least 4 of the Confederated States will be represented, and in the same each State only has one vote. In the Committee for the land army and fortresses, Bavaria has a perpetual seat, the other members thereof, as well as the members for the Naval Committee, are nominated by the Emperor; the members of the other Committees are elected by the Council of the Confederation. The composition of these Committees is to be renewed for every session of the Council of the Confederation or respectively every year, when the outgoing members may be re-elected.
Besides these in the Council of the Confederation a Committee for Foreign Affairs will be formed, comprised of the Representatives of the Kingdoms of Bavaria, Saxony, and Wurtemberg, and of two other Representatives of other Confederated States, who will be yearly elected by the Council of the Confederation, in which Committee Bavaria will occupy the chair.
The necessary officials will be placed at the disposal of these Committees.
ARTICLE IX. Every member of the Council of the Confederation has the right to appear in the Imperial Diet, and must at his desire at all times be heard, in order to represent the views of his Government, even when these views have not been adopted by the majority of the Council of the Confederation. No one may at the same time be a member of the Council of the Confederation and of the Imperial Diet.
ARTICLE X. The Emperor is bound to afford the usual diplomatic protection to the members of the Council of the Confederation.
IV. The Presidency.
ARTICLE XI. The Presidency of the Confederation belongs to the King of Prussia, who bears the name of German Emperor. The Emperor has to represent the Empire internationally, to declare war, and to conclude peace in the name of the Empire, to enter into alliances and other Treaties with Foreign Powers, to accredit and to receive Ambassadors.
The consent of the Council of the Confederation is necessary for the declaration of war in the name of the Empire, unless an attack on the territory or the coast of the Confederation has taken place.
In so far as Treaties with Foreign States have reference to affairs which, according to Article IV, belong to the jurisdiction of the Imperial Legislation, the consent of the Council of the Confederation is requisite for their conclusion, and the sanction of the Imperial Diet for their coming into force.
ARTICLE XII. The Emperor has the right to summon, to open, to prorogue, and to close both the Council of the Confederation and the Imperial Diet.
ARTICLE XIII. The summoning of the Council of the Confederation, and of the Imperial Diet, takes place once each year, and the Council of the Confederation can be called together for preparation of business without the Imperial Diet being likewise summoned, whereas the latter cannot be summoned without the Council of the Confederation.
ARTICLE XIV. The Council of the Confederation must be summoned whenever one-third of the votes require it.
ARTICLE XV. The presidency in the Council of the Confederation and the direction of the business belongs to the Chancellor of the Empire, who is to be appointed by the Emperor.
The Chancellor of the Empire can be represented, on his giving written information thereof, by any other member of the Council of the Confederation.
ARTICLE XVI. The requisite motions, in accordance with the votes of the Council of the Confederation will be brought before the Imperial Diet in the name of the Emperor, where they will be supported by members of the Council of the Confederation, or by particular Commissioners nominated by the latter.
ARTICLE XVII. The expedition and proclamation of the laws of the Empire, and the care of their execution, belongs to the Emperor. The Orders and Decrees of the Emperor are issued in the name of the Empire and require for their validity the counter-signature of the Chancellor of the Empire, who thereby undertakes the responsibility.
ARTICLE XVIII. The Emperor nominates the Imperial officials, causes them to be sworn for the Empire, and, when necessary, decrees their dismissal.
The officials of any State of the Confederation, when appointed to any Imperial office, are entitled to the same rights with respect to the Empire, as they would enjoy from their official position in their own country, excepting in such cases as have otherwise been provided for by the Imperial Legislation before their entrance into the Imperial service.
ARTICLE XIX. Whenever members of the Confederation do not fulfil their Constitutional duties towards the Confederation, they may be constrained to do so by way of execution. Such execution must be decreed by the Council of the Confederation, and be carried out by the Emperor.
V. Imperial Diet.
ARTICLE XX. The Imperial Diet is elected by universal and direct election with secret votes.
Until the legal arrangement reserved in § 5 of the Election Laws of 31st May, 1869 ( Federal Law Gazette, 1869, page 145), has been made, there are to be elected -- in Bavaria, 48; in Wurtemberg, 17; in Baden, 14; Hesse, south of the Main, 6 members, and the total number of the members consists, therefore, of 382.
ARTICLE XXI. Officials do not require any leave of absence on entering into the Imperial Diet.
If any member of the Imperial Diet accepts of any saligied appointment of the Empire, or of any State of the Confederation, or enters into any Imperial or State office to which a higher rank, or higher salary is attached, he loses his seat and service in the Diet, and can only regain his position in the same by re-election.
ARTICLE XXII. The proceedings of the Imperial Diet are public.
Accurate reports of the proceedings in the public sittings of the Imperial Diet are free from any responsibility.
ARTICLE XXIII. The Imperial Diet has the right to propose laws within the competency of the Empire, and to forward Petitions which have been addressed to it to the Council of the Confederation, or to the Chancellor of the Empire.
ARTICLE XXIV. The Legislative Period of the Imperial Diet is 3 years. For a Dissolution of the Imperial Diet within this time, a Resolution of the Council of the Confederation, with the Assent of the Emperor, is requisite.
ARTICLE XXV. In case of a Dissolution of the Imperial Diet, the Meeting of the Electors must be called within a period of 60 days after such dissolution, and within a period of 90 days the Imperial Diet must be summoned.
ARTICLE XXVI. Without the assent of the Imperial Diet the Prorogation of the same may not be extended over 30 days, and it can never be repeated during the same session.
ARTICLE XXVII. The Imperial Diet scrutinizes the legality of the credentials of its Members, and decides thereon. It regulates its own method of business and discipline by a business-order, and elects its President, Vice-Presidents, and Secretaries.
ARTICLE XXVIII. The Imperial Diet decides by absolute Majority of Votes. The presence of a majority of the legal number of the members is necessary for the validity of a resolution.
In Voting on a matter which, according to the stipulations of this Constitution, is not common to the whole Empire, only the votes of those members will be counted who have been elected in those Confederate States to which the matter is common.
ARTICLE XXIX. The Members of the Imperial Diet are Representatives of the entire people, and are not bound by orders and instructions.
ARTICLE XXX. No Member of the Imperial Diet can at any time be proceeded against, either judicially or by way of discipline, on account of his votes, or for expressions made use of in the exercise of his functions, nor can he be made responsible in any other way out of the Assembly.
ARTICLE XXXI. Without the assent of the Imperial Diet, no Member of the same may be placed under examination or arrested during the period of the Session for any deed subject to punishment, except when taken in the fact, or in the course of the following day.
The same assent is needful in arrest for debt.
At the requisition of the Imperial Diet, every correctional procedure against a Member of the same, and all investigations or civil arrests must be relinquished for the duration of the period of the Session.
ARTICLE XXXII. The Members of the Imperial Diet must not receive any Salary or Indemnification in that capacity.
VI. Customs and Commercial Affairs.
ARTICLE XXXIII. Germany forms one Customs and Commercial Territory, encircled by a common Customs frontier. Those separate parts of Territory are excluded which, from their position, are not adapted for inclusion in the Customs frontier.
All articles of free trade in any one of the States of the Confederation may be introduced into any other State of the Confederation, and can only be subjected to a duty in the latter in so far as similar articles produced in that State are subject to a home duty.
ARTICLE XXXIV. The Hanseatic towns Bremen and Hamburg, with so much of their own or of the adjacent Territory as may be needful for the purpose, remain as free ports outside the common Customs frontier until they apply to be admitted therein.
ARTICLE XXXV. The Empire has the sole right of Legislation in all Custom-house affairs, in the taxation of Salt and Tobacco produced in the Territories of the Confederation, Beer, and Spirit, and Sugar, and Syrup, or other home productions made from beetroot, in the reciprocal protection of consumption duties raised in the separate States of the Confederation against defraudations, as well as in such measures as the Customs Committees may find requisite for the security of the common Customs frontier.
In Bavaria, Wurtemberg, and Baden, the Taxation of the native Spirit and Beer remains for the present subject to the laws of the land. But the States of the Confederation will direct their efforts to bring about an assimilation in the taxation of these articles likewise.
ARTICLE XXXVI. The Collection and Administration of the Duties and Consumption Taxes (Article XXXV) remain in the hands of each State of the Confederation, within its own Territory, in so far as they have hitherto been so.
The Emperor watches over the observance of the legal procedure through Imperial officials, whom he attaches to the Customs or Excise offices, and to the directing authorities of the separate States, according to the advice of the Committee of the Council of the Confederation for Customs and Excise affairs.
Information given by these officials as to defects in the execution of the common legislation (Article XXXV) will be laid before the Council of the Confederation for' decision.
ARTICLE XXXVII. In decisions relative to the administrative instructions and arrangements (Article XXXV) for the execution of the common legislation, the Presidency has the casting vote, when it is given for the continuance of the existing instruction or arrangement.
ARTICLE XXXVIII. The revenue from the Duties or other Taxes mentioned in Article XXXV, the latter in so far as they are subject to the Imperial legislation, flows into the Imperial Treasury.This revenue consists of the whole income arising from the duties and other taxes after the deduction of:
1. The tax-compensations and abatements according to the laws or the general administrative regulations.
2. The repayments for incorrect levies.
3. The expenses of collection and administration as follows: a. For the Customs, the expenses which are requisite for the protection and the collection of the duties in that part of the frontiers situated towards foreign countries and in the border district.
b. For the Salt Tax, the expenses which are incurred for the salaries of the officials who are employed in the salt works to collect and control that tax.
c. For the Beet-sugar and Tobacco Tax, the compensation which, according to the decisions of the Council of the Confederation from time to time, has to be made to the several Federal Governments for the expenses incurred in the administration of these taxes.
d. For the other duties 15 per cent. of the total income.
The Territories situated outside the common Customs frontier pay an agreed sum towards defraying the expenses of the Empire.
Bavaria, Wurtemberg, and Baden do not participate in the income flowing into the Imperial Treasury from the taxes on spirits and beer, nor in the corresponding part of the above-mentioned agreed payment.
ARTICLE XXXIX. The Quarterly extracts which are to be made at the end of each quarter of the year by the collecting authorities of the Federal States, and the final statements to be made at the end of the year and the close of the books, on the income from duties and from consumption dues flowing into the Imperial Treasury according to Article XXXVIII, falling due during the quarter, or during the financial year, are to be collected into chief summaries, after previous examination, by the directing authorities of the Federal States, and therein each duty is to be separately shown; these summaries are to be sent in to the Committee of the Council of the Confederation for financial affairs.
On the basis of these summaries the said Committee makes out preliminarily every 3 months the amount due from the Treasury of each State of the Confederation, to the Imperial Treasury, and communicates these amounts to the Council of the Confederation, and to the States of the Confederation; it also presents the final statement of these amounts every year, with remarks, to the Council of the Confederation. The Council of the Confederation decides on this statement.
ARTICLE XL. The stipulations in the Zollverein Treaty of 8th July, 1867, remain in force in so far as they have not been altered by the provisions of this Constitution, and so long as they are not altered in the way pointed out in Article VII, or Article LXXVIII.
VII. Railway Affairs.
ARTICLE XLI. Railways which are considered necessary I for the defence of Germany, or for the sake of the common! intercourse, may, by virtue of an Imperial law, even against the opposition of the members of the Confederation whose Territory is intersected by the Railways, but without prejudice to the prerogatives of the country, be constructed on account of the Empire, or concessions to execute the works may be granted to private contractors, with the right of expropriation.
Every existing Railway board of direction is bound to consent to the junction of newly-constructed Railways at the expense of the latter.
The legal enactments which have granted a right of denial to existing Railway undertakings against the construction of parallel or competing lines are hereby, without prejudice to rights already gained, repealed for the entire Empire. Nor can such a right of denial be ever granted again in concessions to be issued hereafter.
ARTICLE XLII. The Governments of the Confederation bind themselves to manage the German Railways as a uniform network in the interest of the common intercourse, and likewise for this purpose to have all new Railways which are to be made, constructed, and fitted up according to uniform rules.
ARTICLE XLIII. For this purpose corresponding working arrangements are to be adopted with all possible despatch, particularly with regard to Railway Police Regulations. The Empire has likewise to take heed that the Railway Boards keep the lines at all times in such a state of repair as to ensure safety, and that they provide them with the working material necessary for the traffic.ARTICLE XLIV. The Railway Boards are bound to introduce the necessary Passenger Trains of the proper speed for the through traffic, and for the arrangement of corresponding journeys, also the requisite trains to provide for the goods traffic; likewise, to arrange direct expeditions for passengers and goods traffic, with permission for conveying the means of transport from one line to the other for the usual payments.
ARTICLE XLV. The Empire exercises the control over the Tariffs, and will especially operate to the end:
1. That working regulations, in conformity with each other, be introduced as soon as possible on all German railroads;
2. That the greatest possible equalization and reduction of the tariffs shall take place, and particularly for greater distances an abatement of the tariffs for the transport of coals, coke, timber, ores, stones, salt, raw iron, manures, and similar articles, so as to be more in proportion to the necessities of agriculture and industry, and that the one pfennig tariff may be introduced as speedily as possible.
ARTICLE XLVI. In times of distress, particularly when an unusual dearth of the necessaries of life occurs, the railway boards are bound to introduce a lower special tariff for the transport of grain, meal, pulse, and potatoes, temporarily, according to the necessity, as will be determined by the Emperor on the proposal of the respective committee of the Council of the Confederation, which tariff, however, must not be lower than the lowest rate already existing for raw produce on the respective line.
The above, as well as the stipulations made in the Articles XLII to XLV, are not applicable to Bavaria.
But the Empire has the right in regard to Bavaria likewise to lay down, by way of legislation, uniform rules for the construction and fitting up of the railways which are of importance for the defence of the country.
ARTICLE XLVII. The requisitions of the authorities of the Empire relative to making use of the railways for the purpose of the defence of Germany, must be obeyed without question by all the railway boards. In particular, the military and all materials of war are to be conveyed at equally reduced rates.
VIII. Postal and Telegraph Affairs.
ARTICLE XLVIII. The postal and telegraph affairs will be arranged and administered for the entire German Empire as uniform institutions for State intercourse.
The legislation of the Empire in postal and telegraphic affairs, as provided in Article IV, does not extend to those objects, the regulation of which, according to the principles which govern the North German Postal and Telegraph Administration, has been left to definite rules or administrative directions.
ARTICLE XLIX. The revenues of the postal and telegraphic service are in common for the entire Empire. The expenses will be defrayed from the common revenues. The surpluses flow into the Imperial Treasury (Section XII).
ARTICLE L. The chief direction of the postal and telegraphic administration belongs to the Emperor. The officials appointed by him have the duty and the right to take care that uniformity in the organization of the administration and in carrying on the service, as well as in the qualification of the officials, be introduced and maintained.
The issue of definitive rules and general administrative directions, as well as the sole care of the relations with other postal and telegraphic offices, belongs to the Emperor.
All the officials of the postal and telegraph administration are bound to obey the Imperial directions. This duty is to be recorded in the oath of service.
The appointment of the requisite principal officials for the administrative authorities of the post and telegraphic service in the various districts (such as directors, counsellors, chief inspectors), likewise the appointment of the officials acting as the organs of the before-mentioned functionaries, in the service of supervision, &c., in the separate districts (such as inspectors, controllers), proceeds, for the whole territory of the German Empire, from the Emperor, to whom these officials render the oath of service. Timely notice of the appointments in question, for the governmental approbation and publication, will be given to the Governments of the several States, so far as their territory is thereby concerned.
The other officials necessary for the post and telegraphic service, as well as all those required for the local or technical business, therefore the officials, &c., acting at the actual places of business, will be appointed by the respective State Governments.
Where there is no independent State post or telegraph administration, the provisions of the special Treaties form the rule.
ARTICLE LI. In making over the balance of the postal administration for general Imperial purposes (Article XLIX), in consideration of the previous difference in the net incomes obtained by the State postal administrations of the separate territories, the following procedure is to be observed for the purpose of a corresponding arrangement during the undermentioned period of transition.
From the postal balances which have accrued in the separate postal districts during the 5 years, 1861 to 1865, an average yearly balance will be calculated, and the share which each separate postal district has had in the postal balance thus shown for the whole territory of the Empire, will be fixed according to percentages.
According to the proportion ascertained in this manner, the separate States will be credited for the next 8 years after their entrance into the postal administration of the Empire, with such quotas as accrue to them from the postal balances produced in the Empire, in account with their other contributions for Imperial purposes.
At the expiration of the 8 years all distinctions cease, and the postal balances will flow in undivided account into the Imperial Treasury, according to the principle set forth in Article XLIX.
From the quotas of the postal surplus thus ascertained during the before-mentioned 8 years for the Hanseatic towns, one-half will be placed beforehand every year at the disposal of the Emperor, for the purpose, in the first place, of paying therefrom the expenses for the establishment of normal postal institutions in the Hanseatic towns.
ARTICLE LII. The stipulations in the foregoing Articles XLVIII to LI have no application to Bavaria and Wurtemberg. In their place the following stipulations are in force for those two States of the Confederation:
To the Empire alone belongs the legislation as to the postal and telegraph privileges, as to the legal relations between both institutions and the public, as to exemptions from postage and rates of postage, exclusively, however, of the rules and tariff regulations for the home circulation of Bavaria, and of Wurtemberg respectively, likewise under similar reservation the settlement of the fees for telegraphic correspondence.
In the same manner the regulation of the postal and telegraph intercourse with foreign countries belongs to the Empire, excepting the direct intercourse of Bavaria and of Wurtemberg themselves with the neighbouring States which do not belong to the Empire, the regulations as to which remain as stipulated in Article XLIX of the Postal Treaty of 23rd November, 1867.
Bavaria and Wurtemberg do not participate in the income flowing into the Imperial Treasury from the postal and telegraph service.
IX. Shipping and Navigation.
ARTICLE LIII. The war navy of the Empire is one united navy under the chief command of the Emperor. The organization and composition thereof is the business of the Emperor, who appoints the Naval officers and officials, and into whose service they and the men are to be sworn.
The Harbour of Kiel and that of Jahde are Imperial military harbours.
The necessary expenses for the establishment and maintenance of the war fleet, and the institutions in connexion therewith, are paid from the Treasury of the Empire.
The whole of the maritime population of the Empire, including engineers and shipwrights, are free from service in the land army, but, on the other hand, are bound to serve in the Imperial Navy.
The apportionment of the recruits is arranged according to the number of the maritime population, and the quota which each State thus contributes is deducted from the contingent to the land army.
ARTICLE LIV. The merchant vessels of all the States of the Confederation form one undivided commercial navy.
The Empire has to determine the method of ascertaining the burden of sea-going vessels, to grant bills of admeasurement, as well as to regulate the ship-certificates, and to determine the conditions upon which the permission to command a sea-going vessel depends.
The commercial ships of all the States of the Confederation will be admitted and treated on equal terms in the sea harbours, and in all the natural and artificial waterways of the separate States of the Confederation. The dues to be levied in the sea-ports from sea-going vessels or their cargoes for using the navigation appliances must not exceed the expenses which are requisite for the maintenance and ordinary repairs of those appliances.
On all natural waterways dues may only be levied for the use of such appliances as are especially intended for the furtherance of traffic. These dues, as well as the dues payable for making use of such artificial waterways as are State property, must not exceed the expenses which are requisite for the maintenance and ordinary repairs of such erections and works. These regulations are also applicable to floatage so far as it takes place on navigable waterways.
The imposition of other or higher dues on foreign ships, or their cargoes, than those paid by the ships of the Federal States does not belong to any single State, but solely to the Empire.
ARTICLE LV. The Flag of the navy and of the merchantshipping is black, white, and red.
X. Consular Service.
ARTICLE LVI. The whole of the Consular service of the German Empire is under the superintendence of the Emperor, who appoints the Consuls after consultation with the Committee of the Council of the Confederation for Commerce and Traffic.
Within the official district of the German Consuls no new Consulates for separate States may be erected. The German Consuls exercise the functions of a national Consul for any State of the Confederation, not represented in their district. The whole of the existing Consulates for separate States are to be abolished as soon as the organization of the German Consulates is so completed, that the representation of the interests of all the States of the Confederation is recognized by the Council of the Confederation as secured by the German Consulates.
XI. Military Affairs of the Empire.
ARTICLE LVII. Every German is liable to military service, and cannot have that service performed by substitute.
ARTICLE LVIII. The expenses and burdens of the whole of the military affairs of the Empire are to be borne equally by all of the States of the Confederation and those belonging to them, so that no preferences, or overburdening of any single States or classes, are in principle admissible. Where an equal division of the burdens is not practicable in natura, without prejudice to the public welfare, the matter is to be arranged on the principles of equity by means of legislation.
ARTICLE LIX. Every German capable of service belongs for 7 years to the standing army, as a rule from the completion of the 20th to the commencement of the 28th year of his age; that is, for the first 3 of these years with the standards, and for the last 4 years in the reserve; then for the following 5 years of his life to the Landwehr. In those States of the Confederation wherein hitherto a longer period than 12 years of service altogether has been legal, the gradual reduction of such service can only take place in so far as regard for the readiness for war of the Imperial army permits it.
With respect to the emigration of the reserve men only those regulations are to be applied which are in force for the emigration of the Landwehr men.
ARTICLE LX. The effective strength of the German army in peace is fixed till the 31st December, 1871, at one per cent. of the population of the year 1867, and the separate States of the Confederation supply it pro rata thereof. Subsequently the effective strength of the army in peace will be determined by Imperial legislation.
ARTICLE LXI. After the publication of this Constitution the whole Prussian Military Code of Laws is to be introduced throughout the Empire without delay, both the laws themselves and the regulations, instructions, and rescripts issued for the explanation and completion thereof, especially therefore the Military Penal Code of the 3rd April, 1845; the Military Court-martial Regulations of the 3rd April, 1845; the Ordinance upon Courts of Honour of the 20th July, 1843; the regulations upon recruiting, time of service, allowance and maintenance affairs, billeting, compensations for damages to agriculture, mobilization, &c., for war and peace. The military Church ritual is, however, excluded.
After the uniform war organization of the German army has been effected, a comprehensive Military Law for the Empire will be laid before the Imperial Diet and the Council of the Confederation for their constitutional decision.
ARTICLE LXII. To cover the outlay necessary for the entire German army, and the arrangements appertaining thereunto until the 31st December, 1871, there are yearly to be placed at the disposal of the Emperor, as many times 225 thalers, in words two hundred and twenty-five thalers, as the poll-number of the peace strength of the army amounts to, according to Article LX. See Section XII.
After the 31st December, 1871, these contributions must continue to be paid to the Imperial Treasury by each State of the Confederation. For the calculation thereof the effective strength in peace, as provisionally settled in Article LX, will be taken as the basis until it is altered by an Imperial law.
The expenditure of this sum for the entire Imperial Army and its arrangements will be determined on by the Estimate Law.
In settling the estimates of the military expenses, the legal organization of the Imperial army, as laid down in this Constitution, will be taken as the basis.
ARTICLE LXIII. The entire land force of the Empire will form a single army, which in war and peace is under the command of the Emperor.
The regiments, &c., bear running numbers for the entire German Army. For their clothing, the ground colours and fashion of the Royal Prussian army are to be the model. It is left to the chiefs of the respective contingents to determine the external marks of distinction (cockades, &c.).
It is the duty and the right of the Emperor to take care that all the divisions of troops within the German army are numerically complete and effective for war, and that unity in the organization and formation, in the armament and command, in the training of the men, as well as in the qualifications of the officers, be established and maintained. For this purpose the Emperor has the right to convince himself of the condition of the separate contingents at all times by inspection, and to order the reformation of any defects thereby discovered.
The Emperor determines the effective strength, the division and arrangement of the contingents of the Imperial army, as well as the organization of the Landwehr; he also has the right of determining the garrisons within the territories of the Confederation, and to order the embodiment of any part of the Imperial army in a state of preparation for war.
For the purpose of keeping up the indispensable uniformity in the administration, maintenance, armament, and equipment of all the divisions of troops of the German army, the orders issued thereon in future for the Prussian army will be communicated in a suitable manner, through the Committee for the Land Army and Fortresses mentioned in Article VIII, No. 1, to the commanders of the other contingents for observance.
ARTICLE LXIV. All German troops are bound to obey the commands of the Emperor unconditionally. This duty is to be specified in the Banner-oath.
The Commander-in-Chief of a contingent, likewise all officers who command Troops of more than one contingent, and all commanders of Fortresses are appointed by the Emperor. The officers appointed by the Emperor take the Banner-oath to him. The appointments of Generals and officers acting as Generals within the contingents are at all times subject to the approbation of the Emperor.
The Emperor has the right, for purposes of transposition, with or without promotion, to select for such appointments as are to be made by him in the Imperial service, whether in the Prussian Army or in other contingents, from the officers of all the contingents of the Imperial Army.
ARTICLE LXV. The right of erecting Fortresses within the Territories of the Confederation belongs to the Emperor, who proposes, according to Section XII, the grant of the necessary means for the purpose, in so far as they are not provided for in the ordinary Estimates.
ARTICLE LXVI. Where nothing to the contrary is stipulated by particular Conventions, the Sovereigns of the Confederation, or the Senates, appoint the Officers of their Contingents, subject to the restriction of Article LXIV.
They are the chiefs of all the divisions of troops belonging to their Territories, and enjoy the honours connected therewith. They have especially the right of inspection at all times, and receive, besides the regular reports and announcements of alterations which take place, timely information, for the purpose of Governmental publication, of all promotions or nominations among the respective divisions of the Troops.
Likewise, they have the right to make use, for purposes of Police, not only of their own Troops, but also to make requisition for any other division of Troops of the Imperial Army which may be located in their Territories.
ARTICLE LXVII. Savings from the Military Estimate do not belong under any circumstances to a single Government, but at all times to the Imperial Treasury.
ARTICLE LXVIII. The Emperor may, when the public safety is threatened in the Territories of the Confederation, declare any part thereof to be in a State of War. Until the promulgation of an Imperial law, which will regulate the premisses, the form of publication, and the effects of such a Declaration, the rules of the Prussian law of 4th June, 1851, remain in force. (Collection of Laws for 1851, page 451, & seq.)
Final Stipulation to Section XI.
The provisions contained in this section come into force in Bavaria according to the special stipulations of the Treaty of Confederation of 23rd November, 1870 ( Federal Law Gazette, 1871, page 9), under III, § 5, and in Wurtemberg, according to the special stipulations of the Military
Convention of
21____25st November, 1870. (Federal Law Gazette, 1870, page 658.)
XII. Finances of the Empire.
ARTICLE LXIX. All the Receipts and Disbursements of the Empire must be estimated for each year, and be brought into the Imperial Estimates. These are to be fixed by a law before the beginning of the financial year, according to the following principles.
ARTICLE LXX. To provide for all common expenses, any balances of the preceding year are first of all employed, and likewise the common Revenues derived from the Duties, the common Consumption Taxes, and from the Postal and Telegraph Services. In so far as they cannot be provided for by these Revenues, they are, as long as Imperial Taxes are not introduced, to be met by contributions from the single States of the Confederation, in proportion to their population, which contributions to the amount estimated in the Budget will be estimated by the Chancellor of the Empire.
ARTICLE LXXI. The common Disbursements are, as a rule, voted for one year; they may, however, in particular cases, be voted for a longer period.
During the time of transition mentioned in Article LX, the Estimates of Expenditure for the Army, arranged under heads, are to be laid before the Council of the Confederation and the Imperial Diet only for their information and remembrance.
ARTICLE LXXII. The Chancellor of the Empire is to give account yearly to the Council of the Confederation and to the Imperial Diet of the application of all the incomes of the Empire, for discharge of responsibility.
ARTICLE LXXIII. In cases of extraordinary requirements, the Contracting of a Loan, also the undertaking of a Guarantee on account of the Empire, may take place in the way of Imperial legislation.
Final Stipulation to Section XII.
To the Expenditure for the Bavarian Army, Articles LXIX and LXXI are only applicable in conformity with the stipulations of the Treaty of 23rd November, 1870, mentioned in the final stipulation to Section XI and Article LXXII, only so far that the assignment to Bavaria of the sums necessary for the Bavarian Army is to be notified to the Council of the Confederation and to the Imperial Diet.
XIII. Settlement of Differences and Penal Stipulations.
ARTICLE LXXIV. Every undertaking against the existence, the integrity, the safety, or the Constitution of the German Empire; finally, insulting the Council of the Confederation or the Imperial Diet, or a member of the Council of the Confederation or of the Imperial Diet, or any authority, or a public functionary of the Empire, whilst in the exercise of their vocation, or in reference to their vocation, by word, in writing, printing, drawing, figurative, or other representation, will be sentenced and punished in the separate States of the Confederation, according to the existing law, or the laws which may in future be enacted there, in pursuance of which a similar offence committed against that separate State of the Confederation, its Constitution, its Chambers, or Diet, the members of its Chambers or Diet, its authorities or functionaries, would be punished.
ARTICLE LXXV. For those undertakings against the German Empire, mentioned in Article LXXIV, which, if they had been undertaken against one of the separate States of the Confederation, would be qualified as High Treason, or Treason against the Country, the Common Upper Court of Appeal of the three Free and Hanseatic Towns, at Lubeck, is the competent deciding authority in first and last instance.
The special regulations as to the competency and the procedure of the Upper Court of Appeal are to be settled by way of Imperial legislation. Until the promulgation of an Imperial law, the competency of the Courts in the separate States of the Confederation, and the provisions relative to the procedure of these Courts, remain as they have hitherto been.
ARTICLE LXXVI. Differences between various States of the Confederation, in so far as they are not of a private legal nature, and therefore to be decided by the competent judicial authorities, will, at the suit of one of the parties, be settled by the Council of the Confederation.
Constitutional differences in those States of the Confederation in whose constitution no authority for settling such disputes is provided are to be amicably arranged by the Council of the Confederation at the suit of one of the parties, or if this should not succeed, they are to be settled by way of Imperial legislation.
ARTICLE LXXVII. If, in a State of the Confederation, the case of a refusal of justice should occur, and sufficient aid cannot be obtained by way of law, it is the duty of the Council of the Confederation to take cognizance of the complaints as to the refused or hindered administration of the law when proved according to the Constitution and existing laws of the respective State of the Confederation, and thereupon to cause the Government of the Confederate State which has given occasion for the complaint, to afford judicial aid.
XIV. General Stipulations.
ARTICLE LXXVIII. Alterations in the Constitution take place by way of legislation. They are considered as rejected if they have 14 votes in the Council of the Confederation against them.
Those provisions of the Constitution of the Empire, by which certain rights are established for Separate States of the Confederation in their relation to the community, can only be altered with the consent of the State of the Confederation entitled to those rights.