[Gastein Convention., Schleswig, Holstein, Lauenburg.] No. 370.-CONVENTION between Austria and Prussia, respecting the Elbe Duchies of Schleswig, Holstein, and Lauenburg. Signed at Gastein, 14th August, 1865.* Preamble. Reference to Treaty of 30th October, 1864. 1. Austria to administer the Duchy of Holstein, and Prussia the Duchy of Schleswig. 2. Proposal to be made to Diet to establish a German Fleet in Harbour of Kiel. Harbour of Kiel to be under command, &c., of Prussia, 3. Proposal to be made that Rendsburg be a German Federal Fortress. Garrison of Fort of Rendsburg. 4. Prussia to retain two Military Roads in Holstein. Regulations as to Military Roads. 5. Telegraph communication with Kiel and Rendsburg. Lubeck through Kiel to Schleswig. 6. Entrance of Duchies into the Zollverein. Railway from 7. Canal between the North Sea and the Baltic through Holstein. Rights of Prussia over construction, &c., of Canal. Dues to be levied for the use of the Canal. 8. Financial Obligations. Lauenburg released from Contribution towards expenses of the War. Division of Obligations between Holstein and Schleswig. 9. Cession by Austria to Prussia of Right over Lauenburg. Indemnity to Austria for Lauenburg. 10. Division of Co-Sovereignty over Holstein and Schleswig. Cessation of Joint Command. 11. Exchange of Declarations. (Translation.) Reference to Treaty of 30th October, 1864. THEIR Majesties the Emperor of Austria and the King of Prussia have become convinced that the Co-Sovereignty which has hitherto existed in the Territories ceded by Denmark in the Treaty of Peace of 30th October, 1864 (No. 367), leads to untoward results, which at the same time endanger both the good understanding between their Governments and the Interests of the Duchies. Their Majesties have therefore resolved for the future not to exercise in common the Rights which have accrued to them by Article III of the above-mentioned Treaty, but to divide the exercise thereof geographically until a further agreement may be made. See also Treaty between Austria and Prussia, signed at Prague, 23rd August, 1866. [14 Aug., 1865. [Gastein Convention. Schleswig, Holstein, Lauenburg.] · For this purpose His Majesty the Emperor of Austria, &c., has appointed as his Plenipotentiary, Count von Blome; the King of Prussia, &c., has appointed as his Plenipotentiary, M. von Bismarck-Schönhausen; who, after having communicated to each other their respective Full Powers, which were found in good and due form, have agreed upon the following Articles: Austria to administer the Duchy of Holstein, and Prussia the Duchy of Schleswig. ART. I. The exercise of the Rights acquired in common by the High Contracting Parties, in virtue of Article III of the Vienna Treaty of Peace of 30th October, 1864 (No. 367), shall, without prejudice to the continuance of those rights of both Powers to the whole of both Duchies, pass to His Majesty the Emperor of Austria as regards the Duchy of Holstein, and to His Majesty the King of Prussia as regards the Duchy of Schleswig. Proposal to be made to Diet to establish a German Fleet in Harbour of Kiel. ART. II. The High Contracting Parties will propose to the Diet the establishment of a German Fleet, and will fix upon the Harbour of Kiel as a Federal Harbour for the said Fleet. Harbour of Kiel to be under command, &c., of Prussia. Until the resolutions of the Diet with respect to this proposal have been carried into effect, the Ships of War of both Powers shall use this Harbour, and the Command and the Police Duties within it shall be exercised by Prussia. Prussia is entitled both to establish the necessary Fortifications opposite Friedrichsort for the protection of the entrance, and also to fit up along the Holstein bank of the inlet the Naval Establishments that are requisite in a Military Port. These Fortifications and Establishments remain likewise under Prussian command, and the Prussian marines and troops required for their Garrison and Protection may be quartered in Kiel and the neighbourhood. Proposal to be made that Rendsburg be a German Federal Fortress. ART. III. The High Contracting Parties will propose in Frankfort the elevation of Rendsburg into a German Federal Fortress. .[Gastein Convention. Schleswig, Holstein, Lauenburg.] Garrison of Fort of Rendsburg. Until the Diet shall have issued the regulations respecting Garrisoning the said Fortress, the Garrison shall consist of Imperial Austrian and Royal Prussian troops under a command annually alternating on the 1st July. Prussia to retain two Military Roads in Holstein. ART. IV. Whilst the division agreed upon in Article I of the present Convention continues, the Royal Prussian Government shall retain two Military Roads through Holstein; the one from Lubeck to Kiel, the other from Hamburg to Rendsburg. Regulations as to Military Roads. All details as to the Military Stations, and as to the transport and subsistence of the Troops, shall be regulated as soon as possible in a Special Convention. Until this has been done, the Regulations in force as to the Prussian Military Roads through Hanover shall be observed. Telegraph Communication with Kiel and Rendsburg. ART. V. The Royal Prussian Government retains the disposal of one Telegraphic wire for communication with Kiel and Rendsburg, and retains also the right to send Prussian mail-vans, with its own officials on both lines through the Duchy of Holstein. Railway from Lubeck through Kiel to Schleswig. Inasmuch as the construction of a direct Railway from Lubeck through Kiel to the Schleswig Frontier is not yet assured, the concession thereof shall be granted on the request of Prussia, for the Territory of Holstein under the customary conditions; but no claim shall be made by Prussia for Rights of Sovereignty with regard to the line. Entrance of Duchies into the Zollverein.* ART. VI. The High Contracting Parties entertain in common the intention that the Duchies shall enter the Zollverein. Until they shall enter the Zollverein, or until some further agreement shall be made, the system of Duties hitherto in force in both Duchies, and the equal division of the Revenues, shall continue to exist. If it should appear desirable to the Royal Prussian * See Constitution, 14th June, 1867. [Gastein Convention. Schleswig, Holstein, Lauenburg.] Government, even during the existence of the division agreed upon in Article I of the present Convention, to open negotiations respecting the entry of the Duchies into the Zollverein, His Majesty the Emperor of Austria is prepared to empower a Representative of the Duchy of Holstein to take part in such negotiations. Canal between the North Sea and the Baltic, through Holstein. ART. VII. Prussia is entitled to make the Canal that is to be cut between the North Sea and the Baltic, through the Territory of Holstein, according to the result of the professional investigations undertaken by the Prussian Government. Rights of Prussia over Construction, &c., of Canal. In so far as this shall be the case, Prussia shall have the right to determine the direction and the dimensions of the Canal; to acquire possession of the Land necessary for carrying out the work by means of expropriation, with an indemnification to the amount of the value; to conduct the construction of the Canal; to superintend the inspection and conservation of the Canal; and to give her assent to all regulations respecting the said Canal. Dues to be Levied for the use of the Canal. With the exception of the Navigation Dues, which are to be levied for the use of the Canal, and which are to be regulated by Prussia, and to be the same for the Ships of all Nations, no Transit Tolls or Dues upon Ship and Cargo are to be levied at any part of the Canal. Financial Obligations. Lauenburg released from Contribution towards Expenses of the War. ART. VIII. Nothing is changed by the present Convention in the Stipulations of the Vienna Treaty of Peace of 30th October, 1864 (No. 367), relative to the Financial Obligations to be undertaken by the Duchies both as regards Denmark and as regards Austria and Prussia; but the Duchy of Lauenburg is to be released from every obligation of contributing towards the expenses of the War. Division of Obligations between Holstein and Schleswig. The division of these Obligations between the Duchies of Hol [Gastein Convention. Schleswig, Holstein, Lauenburg.] stein and of Schleswig will be based upon the proportion of population. Cession by Austria to Prussia of Right over Lauenburg. Indemnity to Austria for Lauenburg.* ART. IX. His Majesty the Emperor of Austria cedes to His Majesty the King of Prussia the Rights acquired in the aforementioned Vienna Treaty of Peace (No. 367) with respect to the Duchy of Lauenburg; and in return the Royal Prussian Government binds itself to pay to the Austrian Government the sum of 2,500,000 Danish rix-dollars, payable at Berlin in Prussian silver, 4 weeks after confirmation of the present Convention by their Majesties the Emperor of Austria and the King of Prussia. Division of Co-Sovereignty over Holstein and Schleswig. ART. X. The carrying into effect of the foregoing division of the Co-Sovereignty, which has been agreed upon, shall begin as soon as possible after the approval of this Convention by their Majesties the Emperor of Austria and the King of Prussia, and shall be accomplished at the latest by the 15th September. Cessation of Joint Command. The joint Command-in-Chief, hitherto existing, shall be dissolved on the complete Evacuation of Holstein by the Prussian troops and of Schleswig by the Austrian troops, by the 15th September, at the latest. Exchange of Declarations. ART. XI. The present Convention shall be approved by their Majesties the Emperor of Austria and the King of Prussia by exchanging written Declarations at their next meeting.† In witness whereof both the Plenipotentiaries named at the beginning have on this day set their signatures and seals to this Convention in duplicate copy. Done at Gastein, 14th August, 1865. (L.S.) G. BLOME. (L.S.) VON BISMARCK. * See Prussian Patent of 13th September, 1865. |