Final Act of the Congress of Vienna/Act IV

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ACT, No. IV.—Treaty between Prussia and Saxony of the 18th May, 1815.[1]
The plenipotentiaries of the powers that signed the treaty
The same Treaty was concluded and signed between St Majesty King Of Saxony and the Courts of Vienna and St. Petersburg.[2] The Treaty was drawn up in French as specified in the Article CXX of the General Treaty of the Final Act of the Congress of Vienna, as it was the lingua franca of diplomacy at the time.[2]

This translation was laid before the British Parliament on 2 February 1816, with some additional formatting from the French original.

In the Name of the Most Holy and Undivided Trinity.

His Majesty the King of Prussia on the one part, and his Majesty the King of Saxony on the other, animated with the desire of renewing the ties of friendship and good understanding which have so happily subsisted between their respective states; and being; anxious to contribute towards the re-establishment of order and tranquillity in Europe, by carrying into effect the territorial arrangements stipulated at the Congress of Vienna; their said Majesties have named for their Plenipotentiaries, to agree upon, conclude, and sign a Treaty of peace and friendship, viz. His Majesty the King of Prussia, the Prince Hardenberg, his Chancellor of State, Knight of the Grand Orders of the Black Eagle, and of the Red Eagle; of St. John of Jerusalem, and of the Iron Cross of Prussia; of the Orders of St. Andrew, St. Alexander Newsky,_and of St Anne of the First Class of Russia; Grand Cross of the Royal Order of St. Stephen of Hungary, Grand Eagle of the Legion of Honour, Grand Cross of the Order of St. Charles of Spain, of the Supreme Order of the Annunciation, Knight of the Order of the Seraphim of Sweden, of the Elephant of Denmark, of the Golden Eagle of Würtemburg, and of several others; and the Sieur Charles William, Boron de Humboldt, his Minister of State, Chamberlain, Envoy Extraordinary and Minister Plenipotentiary to his Imperial and Royal Apostolic Majesty, Knight of the Grand Order of the Red Eagle, of the Iron Cross of Prussia, and of St. Anne of the First Class of Russia; and his Majesty the King of Saxony, the Sieur Frederic Albert, Count de Schulemburg, his Chamberlain, Knight the Order of St. John of Jerusalem; and the Sieur Hans Augustus Furchtegott de Globig his Chamberlain, Counsellor of the Court and of Justice, and Confidential Referendary; who, after having exchanged their full powers, found in due form, have agreed upon the following Articles:

ART. I. From this day there shall be peace and friendship between his Majesty the King of Prussia on the one part, and his Majesty the King of Saxony on the other, their heirs and successors, their states and respective subjects, for ever.

ART. II. His Majesty the King of Saxony renounces for ever, for himself, his heirs and successors, in favour of his Majesty the King of Prussia, all right and title to the provinces, districts, and portions of territory of the kingdom of Saxony, hereafter designated; and his Majesty the King of Prussia shall possess these countries in full sovereignty and property, and shall unite them to his monarchy. The districts and territories thus ceded, shall be separated from the remainder of the kingdom of Saxony by a line, which shall form the future boundary between the Prussian and Saxon territories, so that all places comprised within this line of demarcation shall be restored to his Majesty the King of Saxony; and his Majesty renounces the possession of all districts and territories which may be situated without this line, and which belonged to him before the war.—Setting out from the confines of Bohemia, near Wiese, in the environs of Seidenberg, this line shall follow the course of the rivulet Wittich as far as its junction with the Neisse. From the Neisse it shall reach the circle of Eigen, between Tauchritz, which shall belong to Prussia, and Bertschof remaining to Saxony. It shall then follow the northern frontier of the circle of Eigen, as far as the angle between Paulsdorf and Ober-Sohland; from thence it shall continue as far as the limits which separate the circle of Görlitz from that of Bautzen, so that Ober-mittel and Nieder-Sohland, Olisch, and Radewitz, remain to Saxony.—The great post-road between Görlitz and Bautzen, shall belong to Prussia, as far as the limits of the two circles above mentioned; then the line shall follow the frontier of the circle as far as Dubrauke, extending along the heights on the right of the Löbauer-Wasser, in such a direction that this rivulet, with its two banks and the places adjacent, as far as Neudorff, shall remain, with that village, to Saxony. This line shall then return to the Spree, and the Schwarz-Wasser; Liska-Hermsdorf, Ketten, and Solchdorf, being transferred to Prussia.—From the Schwarz-Elster, near Solchdorf, a direct line shall be drawn as far as the boundary of the territory of the lordship of Koenigsbrück, near Grossgräbchen. This lordship shall remain to Saxony, and the line shall follow the northern frontier of this lordship, as far as that of the bailiwick of Grossenhayn, in the environs of Ortrand. Ortrand, and the road from that place by Merzdorf, Stoizenhayn, and Gröebeln to Mühlberg, with the villages through which this road passes, shall remain to Prussia; the line being so drawn, that no part of the said route shall remain out of the Prussian territory. The frontier line from Gröebeln shall be carried as far as the Elbe by Fichtenberg, and shall be continued near the bailiwick of Mühlberg. Fichtenberg shall belong to Prussia.—From the Elbe to the frontier of the country of Mersebourg, the line shall be so drawn, that the bailiwicks of Torgau, Eilenburg, and Delitsch, shall belong to Prussia, and those of Oschatz, Wurzen, and Leipsic, remain to Saxony. The line shall then follow the frontiers bordering on these bailiwicks, dividing certain enclaves and demi-enclaves. The whole road from Mühlberg to Eilenburg, shall be within the Prussian territory.—From Podelwitz, belonging to the bailiwick of Leipsic, which shall remain to Saxony, as far as Eytra, which shall also remain to that power, the line shall so divide the country of Mersebourg, as to leave Breitenfeld, Haenichen, Gross, and Klein-Dolzig, Mark-Ranstadt, and Knaut-Nauendorf, to Saxony; and Modelwitz, Skeüditz, Klein-Liebenau, Alt-Ransthdt, Schköhlen, and Zietschen, shall pass to Prussia.— Thence the line shall divide the bailiwick of Pegau, between the Floss-Graben and the Weisse-Elster, dividing the first river at the point where it separates from the Weisse-Elster, below the town of Crossen, which forms part of the bailiwick of Haynsberg, as far as the point where it joins the Saale below the town of Mersebourg; the whole course of this river, as it runs between these two towns, together with both its banks, shall belong to the Prussian territory. From thence where the frontier line touches upon the country of Zeitz, it shall follow that fine as far as the country of Altenberg, near Luckau. The frontiers of the circle of Neustadt, which passes wholly under the dominion of Prussia, shall continue without alteration. The enclaves of Voigtland, in the country of Reuss, namely, Gefall-Blintendorf, Sparenberg, and Blankenberg, are included in the share belonging to Prussia.

ART. III. To prevent all injury of private property, and to protect, upon the most liberal principles, the property of individuals domiciliated upon the frontier, his Majesty the King of Prussia and his Majesty the King of Saxony, shall each appoint Commissioners to proceed conjointly in fixing the limits of the countries which are to change Sovereigns, in virtue of the arrangements of the present Treaty.—As soon as the Commissioners shall have executed the duty assigned to them, and the same shall have been approved by the two Sovereigns, maps shall be constructed and signed by the respective Commissioners, and boundary marks placed to define their respective limits.

ART. IV. The provinces and districts of the kingdom of Saxony, which pass under the dominion of his Majesty the King of Prussia, shall be styled, the Duchy of Saxony; and his Majesty shall add to his titles those of Duke of Saxony, Landgrave of Thuringia, Margrave of the two Lusatias, and Count of Henneberg. His Majesty the King of Saxony shall continue to bear the title of Margrave of Upper Lusatia. His Majesty shall also continue to bear those of Landgrave of Thuringia, and Count of Henneberg, in virtue of his right of eventual succession to the possessions of the Ernestine branch.

ART. V. His Majesty the King of Prussia engages, that his troops shall evacuate the provinces, districts, and territories of the kingdom of Saxony which do not pass under his dominion, and to cause the administration thereof to be restored to the Saxon authorities, in fifteen days from the exchange of the ratifications of the present Treaty.

ART. VI. Every arrangement which shall be a necessary and indispensable consequence of the cession to Prussia of the provinces and districts designated in Article 2, shall be forthwith considered; such as those which relate to the archives, debts, paper-money, or other obligations of these provinces, as well as those of the kingdom in general; also those which relate to the public funds; to arrears, particularly those of the ordinary taxes and Crown rents, which have become due during the Prussian administration; to the landed property of the religious, civil, or military public establishments; to the army, the artillery; to provisions and warlike stores; to feudal rights, and other matters of a similar nature. —With respect to feudal rights, his Majesty the King of Prussia and his Majesty the King of Saxony, being anxious carefully to remove every subject which might give rise to dispute or future discussion, respectively renounce, each in favour of the other, all right or pretension of this nature which they exercised, or might have exercised, beyond the frontiers specified in the present Treaty.— The execution of the present article shall take place by common consent, and Commissioners shall be appointed for this purpose by the two governments.

ART. VII. The separation of the records shall be effected in the following manner: The deeds of the Crown lands, documents and papers, relating exclusively to the provinces, territories or places, ceded entirely by his Majesty the King of Saxony to his Majesty the King of Prussia, shall be given up to the Prussian Commissioners in three months from the date of the exchange of the ratifications.—The restitution of plans of fortresses, and maps of towns and countries, shall be made in the same manner, and within the same period. Where a province or territory is not wholly ceded to Prussia, originals of the documents referring to it, shall either be delivered to the Prussian Commissioners, or shall remain in the hands of the Saxon authorities, according as the greater or lesser portion of the province or territory shall have been ceded. The party retaining the originals engages to furnish the ether with legalised copies thereof. The Saxon Government shall retain the originals of all acts and papers which, though not coming under either of the cases above specified, are of common interest to both parties; engaging at the same time, to deliver to Prussian legalised copies of the same.—The Prussian Commissioners shall be enabled to decide which of these acts, documents, or papers, might be interesting to their government.

ART. VIII. With regard to the army, it is laid down as a principle, that all privates, non-commissioned officers, and other military persons below the rank of officers, shall be subject to that power to whom the place of their nativity shall belong. Officers of all ranks, not excepting surgeons and chaplains, are at liberty to remain in the service of that government which they shall prefer; and this privilege shall be also extended to soldiers and other military persons below the rank of officers, who are not natives of Saxony or Prussia.

ART. IX. The debts specially mortgaged on the provinces wholly ceded to Prussia, or remaining under the government of Saxony, shall be liquidated by the government to whom the said provinces shall belong. His Majesty the King of Prussia, and his Majesty the King of Saxony, have established the following regulation, with regard to those debts which are to be liquidated by the provinces remaining in part to his Majesty the King of Saxony, as well as to those which belong to the kingdom in general.—The debts, for the liquidation of which certain revenues have been specially assigned (funded debts), either as to capital or interest, shall be distinguished from those for which no provision has been made. The former description of debts shall follow those revenues, so that the proportion in which such revenues fall under the dominion of one or other of the two governments, shall also be that in which they shall be divided between them. With regard to those debts, for the liquidation of which no certain revenues have been assigned (unfunded debts), the grounds upon which they have been contracted, shall likewise determine to which fund they ought to have been assigned; that is to say, what portion of the revenues should have been applied to the payment of interest and to the reimbursement of the capital. Prussia and Saxony shall contribute to their liquidation, according to the share they shall receive of these revenues. If, contrary to all expectation, a case should arise where it would be impossible to decide upon the exact fund to which a particular debt should have been assigned, it shall be understood, that out of the total amount of the revenues belonging to the province, establishment, institution, or fund, for the accommodation of which such debt shall have been contracted, the same shall be discharged; and it shall be at the charge of the two governments, in proportion to the part of those revenues which each of them may receive. The pledges to be withdrawn on the reimbursement of the capital for which they had been held as a security, shall return to the province, establishment, institution, or individual, to whom those pledges belonged. Those which are the property of a province divided between two powers, shall be shared according to the proportion which each part of such province may nave contributed to the liquidation of the capital.—The principles above established concerning debts, shall likewise apply to credits.

ART. X. His Majesty the King of Prussia and his Majesty the King of Saxony, acknowledging the necessity of punctually fulfilling the engagements entered into for the wants and service of the kingdom of Saxony, by the Commission styled "Central Steuer Commission" have agreed, that they shall be mutually guaranteed and fulfilled by the two Governments. An equal number of Commissioners shall, therefore, be appointed without delay on both sides, to liquidate these debts, to divide them according to the regulation established by the 9th Article; for public unfunded debts, and to settle the mode and period of their payment.—Each Government engages to provide means for the discharge of these debts; reserving, however, to themselves, reciprocally, to make these payments, either by arrears of taxes, and the felling of an extra quantity of timber, upon which these payments had been secured, or by other measures affording equal security, so that the periods of payment; in anticipation of which the arrears of taxes and the felling of timber was given, shall be punctually observed. Should, however, the produce of these arrears and of this timber, prove insufficient to make good these stipulated engagements, it is agreed, that such produce, as far as it concerns the Prussian territory, shall be appropriated, in the first instance, to the discharge of those payments, for which the Bank and Maritime Society of Prussia are responsible : if, in these payments, it shall be necessary to call upon Saxony to contribute towards their liquidation, and that, unexpectedly, the produce of the taxes and timber in that part of Saxony which is to provide for the same, should be insufficient to furnish the two above-mentioned establishments with the necessary sums, at the time of their becoming due, Prussia agrees to grant a delay for their payment till the fair of Leipsic, held on St. Michael's day of the present year. With regard to the other debts, towards the payment- of which the produce of the taxes and the felling of timber is to be employed, his Majesty the King of Prussia, and his Majesty the King of Saxony, reserve to themselves, in the event of this produce being inadequate to the object in view, to enter into an arrangement, either by an amicable understanding with the creditors, or by prolonging the periods of payment, and facilitating the means of effecting them.

ART. XI. His Majesty the King of Prussia expressly acknowledges, that the paper circulated under the name of "Cassenbittets," shall form part of the debts of the country, which shall be divided according to the principles established by Art. IX. His Prussian Majesty promises, in consequence, to provide for the payment of that part which falls to his share; and being desirous, equally with his Majesty the King of Saxony, to adopt such measures as may tend, as much as possible, to the welfare of their respective subjects, they mutually engage to form such an arrangement, with regards to this paper, as shall establish its credit in both territories. With this view the two governments have agreed to establish a joint office for "Cassenbiliets" which shall be open at least until the 1st of September of this year; and each government shall place at the disposal thereof, funds necessary for supporting the credit of this paper. They have also agreed that the regulations subsisting with regard to these "Cussenbillets," as to their acceptance at the public offices, and other places, shall be in force during the above period, as well in that part of the kingdom of Saxony ceded to Prussia, as in that which remains to Ins Majesty the King of Saxony; and no change shall be made therein, except by common consent.

ART. XII. His Majesty the King of Saxony having claims, either on account-of revenues due from the circle of Cottbus, or on account of advances made to this circle, the commission established by Article XIV., shall take them into their special consideration, and apply to them the principles established in the present Treaty for the regulation of subjects of a similar nature.

ART. XIII. His Majesty the King of Prussia promises to settle whatever may regard the property and interests of the respective subjects upon the most liberal principles; The stipulations contained in the present Article shall particularly apply to the concerns of individuals retaining property under both the Prussian and Saxon governments; to the commerce of Leipsic, and to all matters of this description; and in order that the personal liberty of the inhabitants of the ceded and other provinces may not be affected, they shall be permitted to emigrate from one territory to the other; they being liable, however, to military service, and provided they conform themselves to the laws. They shall be allowed the privilege of removing* their property without being subject to any exportation duty or drawback (Abzugs Geld).

ART. XIV. His Majesty the King of Prussia and his Majesty the King of Saxony, shall immediately appoint commissioners to determine, in an exact and detailed manner, the points which form the subject of this Act, from Articles VI. to XIII., and from XVI. to XX. This commission shall assemble at Dresden, and their labours shall be completed at latest in three months, dating from the exchange of the ratifications of this Treaty.

ART. XV. His Majesty the Emperor of Austria having offered his mediation in every arrangement, between the Courts of Prussia and Saxony, rendered necessary in consequence of the territorial cessions stipulated in Art. II.; his Majesty the King of Saxony and his Majesty the King of Prussia accept this mediation, both in regard to the general and particular arrangements entrusted to the commissions mentioned in the 3d and 14th Articles—His Imperial and Royal Apostolic Majesty engages, in consequence, to appoint without delay a commissioner, invested with foil powers, to assist in the labours of the said commissions.

ART. XVI. The communities, corporations, and establishments both religious and of public instruction, existing in the provinces and districts ceded by his Majesty the King of Saxony to Prussia, or in the provinces and districts remaining to his Saxon Majesty, shall preserve their property, whatever change their destination may undergo, as well as the rents belonging to them, according to their charter, or which they have acquired by a legal title, since that period, under the Prussian and Saxon Governments, and neither Power shall interfere in the administration or in the collection of the revenues; provided that they be conducted in a manner conformable to the laws, and that the charges be defrayed to which all property or rents of the like nature are subjected in the territory in which they are situated.

ART. XVII. The general principles which have been adopted at the Congress of Vienna for the free navigation of rivers shall serve as a guide to the commission appointed in virtue of the 14th Article, to regulate without delay, whatever relates to navigation; and shall be particularly applied to that of the Elbe, and floats of wood, and rafts of timber, as also to the waters known by the names of Elsterwerdaen, Flossgräben, the Schwarze-Elster and the Weisse-Elster; as well as to that of the Floss-Graben, which flows from this latter river.

ART. XVIII. His Majesty the King of Prussia, engages to fulfil the contracts made between the government and the farmers of Crown lands or land revenues, in the provinces and territories ceded in virtue of the 2nd Article, the leases of which are not yet expired.

ART. XIX. His Majesty the King of Prussia promises to furnish annually to the Saxon government, and the latter engages to receive 150,000 quintals of salt (the quintal calculated at 110 pounds market weight of Berlin) for a sum which, without augmenting the present price paid by Saxon subjects, shall secure to his Majesty the King of Saxony a duty as nearly equal as possible to that which he received on the sale of each quintal of salt, immediately previous to the last war. The Commission which shall assemble in virtue of Article XIV. shall regulate, according to this principle, the price of the quintal, as also the number of years during which it shall continue at that price; and at the expiration of such period, a new regulation shall be made by common consent, both with regard to the quantity and the price of the salt. The quantity of 150,000 quintals, sold yearly, may be increased, upon the demand of the Saxon Governments (of which demand, if the increase is to be 50,000 quintals, six months notice, at least, shall be given; if it shall exceed that quantity, a year's notice) to 250,000 quintals; which the Prussian government engages to furnish on the same conditions, as the minimum above mentioned. It is understood that, at the expiration of the period agreed upon, the minimum of 15,000 quintals shall not, under any circumstances, be reduced at the pleasure of cither party, and that the principle established respecting the price, by the present Article shall again form the basis of the new regulation.—The salt which the Saxon government shall receive, in virtue of the present Article, shall be supplied from the salt-works of Durrenberg and Koesen; and in case the quantity above mentioned should not be procured from these salt-works, it shall be furnished from the Prussian salt-works nearest to the frontiers of Saxony.—No export duty shall be paid on the salt which the Prussian Government shall furnish to Saxony in virtue of this Article, on its conveyance from the works to the frontiers, nor shall any other duties whatever be paid thereon, except those levied at the barriers, bridges, canals, or locks, than are paid by Prussian subjects on the same route, and for the same modes of conveyance.

ART. XX. The exemption from export duties, referred to at the conclusion of the preceding Article, in respect to salt, shall be extended with the same modification, by the Prussian and Saxon governments respectively, to the exportation and importation from one territory to the other, of grain, of fuel, of every description, of timber, lime, slates, mill-stones, bricks, and stone of all kinds, whether these articles are purchased by subjects of the two governments, or by the governments themselves. His Majesty the King of Prussia, and his Majesty the King of Saxony, at the same time, mutually engage never to prohibit or interrupt the exportation of the said articles.

ART. XXI. No individual settled in the provinces which are under the dominion of his Majesty the King of Saxony, nor any one settled in those which, by the present Treaty., pass under the dominion of the King of Prussia, shall be molested as his person, property, rents, pensions, and revenues of any kind, nor in his rank and dignities; nor be prosecuted or called to account in any manner, for any part which he, either in a civil or military capacity, may have taken in the events that have occurred since the commencement of the war terminated by the peace signed at Paris on the 30th of May 1814. This Article equally extends to those who, not being domiciliated in either part of Saxony, may possess in it landed property, rents, pensions, or revenues of whatever description they may be.

ART. XXII. His Majesty the King of Saxony renounces for himself, his heirs and successors, as well as for the princes of his House, their heirs and successors, for ever, every claim arising from crown or other property, which might be derived from the possession of the duchy of Warsaw.—His Majesty recognizes the rights of sovereignty over that country, such as they are stipulated by the Treaty of Vienna, of the 31st April (3d May), of the present year, for the provinces which pass under the sceptre of his Majesty the Emperor of all the Russias, with the title of King of Poland; for those parts which revert to his Majesty the Emperor of Austria, on the right bank of the Vistula; as well as for the provinces to be possessed by his Majesty the King of Prussia, under the title of Grand Duchy of Posen.

ART. XXIII. His Majesty the King of Saxony engages, that the records, maps, puns, and all documents whatever belonging to the duchy of Warsaw, shall be faithfully restored. This restitution shall take place within six months from the day of the exchange of the ratifications of the present Treaty.

ART. XXIV. His Majesty the King of Saxony is released from all responsibility and charge whatever, with regard to the payment of debts contracted on account of the duchy of Warsaw, by consent of the ministry of Finance, or other public officers of that country; particularly from all obligations imposed upon him by the Convention of Bayonne, which is annulled, and from the loan obtained on the salt mines of Wieliezka.—With regard to the 2,550,193 florins, claimed as having been transferred from the treasury of Saxony into that of the duchy of Warsaw; as it is stipulated by |the Treaty signed the 21st April (3d May), between Prussia, Austria, and Russia, that a Commission of liquidation, composed of Russian, Austrian, and Prussian Commissioners, should immediately assemble at Warsaw, and that the three Courts have invested this Commission with the necessary authority to enquire into the exterior and interior debt, and also their claims and charges against each other; the above claim shall be disposed of in the same manner. The claims on the part of Saxony, to that sum, shall undergo the same examination, and shall be submitted to the said Commission, to which his Majesty the King of Saxony shall be at liberty to send an accredited Commissioner ••n his part, who shall assist in their deliberations.

ART. XXV. The present Treaty shall be ratified, and the acts of ratification exchanged in three days, or sooner, if possible. In faith of which the respective Plenipotentiaries have signed it, and have affixed thereunto the seal of their arms,. Done at Vienna, the 18th May 1815.

Signed (L. S.) The Prince de Hardenberg.
(L. S.) The Baron de Humboldt.
(L. S.) The Count Schulemburg.
(L. S.) De Globig.

Notes[edit]

  1. Hansard, The Parliamentary Debates from the Year 1803 to the Present Time …, Volume 32. 1 February to 6 March 1816, T.C. Hansard, 1816. pp. 139150.
  2. 2.0 2.1 British Foreign Office British and Foreign State Papers. 1814—1815 Volume II. Compiled by the librarian and keeper of the papers, Foreign Office-London: James Rigway and Sons, Piccadilly, H.M.S.O., 1839. 8493. (Annexe VI)—TRAITE Territorial entre la Prusse et la Saxe. — Signé à l'Vienne, le 18 Mai, 1815.