[Peace.]

said Districts will have the amount of all their Emoluments guaranteed to them if they remain in the Royal Prussian service.

But if they go back to Bavaria, which they are at liberty to do within the next 3 months after the Ratification of this Treaty, they will be treated, until their re-employment, according to the regulations of the Bavarian service and the Ordinances bearing thereon. Military persons born in the said Districts, who have not the rank of Officers, will be discharged from the Bavarian army and sent home. The time which they have served in the Bavarian forces will be allowed to them in their liability to Prussian service. Officers, as well as military persons having the rank of Officers, have the right of choosing which country's service they will continue in.

2. The Commissioners mentioned in Article XIV of the Treaty of Peace, will undertake all matters connected with the regulation of the Boundaries, such as the Archives, the arrears of public Taxes, and other matters of that kind.

3. Complete freedom of expatriation to Bavaria during a year from the date of the exchange of the Ratifications of this Treaty, is reserved to all the inhabitants of the portions of Territory to be ceded.

4. As Prussia undertakes the Telegraphic Service of the Grand Duchy of Hesse, she assures to the Royal Bavarian Government the right to its own direct connection with the Palatinate of the Rhine according to its necessities, whereupon Bavaria withdraws the Telegraph Stations she has hitherto had in the Grand Duchy of Hesse.

5. In consequence of the Cession of the District round Orb, the Royal Prussian Government will put an end to the difficulties which on the part of Electoral Hesse have hitherto prevented the execution of the ratified Treaty for the dissolution of the Joint Dominion of Bavaria and Electoral Hesse.

6. In so far as the War Costs Indemnity, stipulated in Article II, shall be paid in bars of silver, the High Contracting Parties will reckon the pound of fine silver at 29 thalers, 25 silver groschen.

Free carriage will be allowed in the Prussian Territory for the coined and uncoined silver intended for the discharge of the War Costs Indemnity.

7. The Royal Bavarian Government consents that the Royal Prussian troops now in Wurtemberg shall march back through

[Peace.]

Bavaria; their maintenance is to be provided according to the Federal regulations on the subject hitherto observed.

8. With reference to the Troops formerly belonging to Nassau and Electoral Hesse, which are still in Bavarian Territory, the following arrangements have been made.

The said Troops will be sent back to their native districts by Bavaria as soon as possible; they have to place themselves under the orders of the Prussian Generals in command so soon as they reach the Prussian line of demarcation, and the Prussian Government bears the cost of their homeward march.

9. During the retreat of the Royal Prussian Army from the Austrian Territory which it occupies, Bavaria will place the Pilsen-Hof-Schwandorf railway at its disposal for the requisite military transports, for which, of course, Prussia will pay the full remuneration.

The Royal Bavarian Government will send orders to the Governor of the Fortress of Mentz, Count von Rechberg, to deliver up the Fortress on the 26th of this month, to a Governor who will be appointed by His Majesty the King of Prussia, and to leave the Fortress himself, with the Royal Bavarian Troops, on the same day.

10. No Subject of their Majesties will be prosecuted, molested, or obstructed in his person or property, on account of his conduct during the War.

The Ratification of the foregoing Convention shall be considered as effected by the Ratification of the Treaty of Peace of this day.

Done at Berlin, 22nd August, 1866.

BARON V. D. PFORDTEN.

COUNT v. BRAY.

v. BISMARCK.

SAVIGNY.

[A Treaty of Offensive and Defensive Alliance between Bavaria and Prussia was also signed at Berlin, on the 22nd August, 1866.]

[Peace. Treaty of Prague.]

No. 388.-TREATY OF PEACE between Austria and Prussia. Signed at Prague, 23rd August, 1866.

Preamble. Reference to Preliminaries of Peace of 26th July, 1866.

1. Peace and Friendship.

2. Accession of Austria to Declaration of French Ambassador of 29th July, 1866, respecting cession of Venice to Italy. Union of the LombardoVenetian Kingdom with that of Italy. Debts.

3. Prisoners of War.

4. Dissolution of Germanic Confederation. Assent of Austria to her exclusion from New Organisation of Germany, and to the formation of a North German Confederation.

5. Transfer by Austria to Prussia of all rights over Duchies of Holstein and Schleswig, acquired by Treaty of 30th October, 1864, on condition of Populations of Northern Districts of Schleswig being ceded to Denmark, if, by free vote, they should express a wish to be united to Denmark.

6. Existing Territorial condition of Saxony to remain as before. Special Treaty to be concluded between Prussia and Saxony respecting expenses of the War, and future position of Saxony in North German Confederation.

7. Appointment of Commission to determine as to disposal of late Federal Property.

8. Disposal of Imperial Property in Federal Fortresses.

9. Pensions to Officials and others. Pensions to Officers, &c., of former Schleswig-Holstein Army to be paid by Prussia.

10. Pensions granted by Austria in Holstein. Restoration by Austria of Danish State Bonds. Non-molestation for Political conduct during the War.

11. War Indemnity to be paid by Austria to Prussia.

12. Prussian Evacuation of Austrian Territories.

13. Renewal of Treaties. Proposed Abrogation of Monetary Convention of 24th January, 1857. Zollverein Treaty of 11th April, 1865, to be revised.

14. Ratifications.

Protocol respecting the delivery of the Prisoners of War, and the Evacuation of the Imperial Royal Austrian Territory by the Royal Prussian Troops.

(Translation.)

Reference to Preliminaries of Peace of 26th July, 1866.

In the name of the Most Holy and Indivisible Trinity. His Majesty the Emperor of Austria and His Majesty the King of Prussia, animated with the desire of restoring to their countries the benefits of Peace, have determined to convert the Preliminaries signed at Nikolsburg, on the 26th July, 1866

[Peace. Treaty of Prague.]

(No. 383), into a Definitive Treaty of Peace, and for that purpose their Majesties have appointed as their Plenipotentiaries, that is to say:

His Majesty the Emperor of Austria, the Baron Adolphus Maria von Brenner-Felsach, his actual Privy Councillor and Chamberlain, Envoy Extraordinary and Minister Plenipotentiary, &c.; and

His Majesty the King of Prussia, the Baron Charles von Werther, his Chamberlain, actual Privy Councillor and Plenipotentiary, &c.;

Who met together in Conference at Prague, and after exchanging their Full Powers, which were found in good and proper form, agreed upon the following Articles:

Peace and Friendship.

ART. 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. Accession of Austria to Declaration of French Ambassador of 29th July, 1866, respecting Cession of Venice to Italy. -Union of the Lombardo-Venetian Kingdom with that of Italy. Debts.

ART. II. For the purpose of carrying out Article VI of the Preliminaries of Peace concluded at Nikolsburg on the 26th July, 1866 (No. 383), 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 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 recognised in accordance with the precedent of the Treaty of Zurich (No. 301).

Prisoners of War.

ART. III. The Prisoners of War shall be set at liberty immediately on both sides.†

Translation." 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."

See Protocol, p. 1726.

[Peace. Treaty of Prague.]

Dissolution of the Germanic Confederation. Assent of Austria to her exclusion from New Organisation of Germany, and to the formation of a North German Confederation.

ART. IV. His Majesty the Emperor of Austria acknowledges the dissolution of the Germanic Confederation* as hitherto constituted, and gives his consent to a new organisation of Germany without the participation of the Imperial Austrian State. His Majesty likewise promises to recognise 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 connection with the North German Confederation is reserved for further arrangement between the parties, and which will have an independent international existence.†

Transfer by Austria to Prussia of all rights over Duchies of Holstein and Schleswig, acquired by Treaty of 30th October, 1864, on condition of Populations of Northern Districts of Schleswig being ceded to Denmark, if, by free vote, they should express a wish to be united to Denmark.

ART. 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 (No. 367), 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.

Existing Territorial condition of Saxony to remain as before.

Special Treaty to be concluded between Prussia and Saxony respecting expenses of the War, and future position of Saxony in North German Confederation.

ART. VI. At the desire of His Majesty the Emperor of Austria,

At the sitting of the German Diet of 14th June, 1866, Prussia formally declared the Germanic Confederation to be dissolved, which Declaration was protested against by the President of the Diet at the same sitting, as being contrary to Art. V of the Vienna Congress Treaty of 9th June, 1815. See also Prussian Declaration of 14th June, 1866, p. 1652.

+ The Constitution of the North German Confederation was promulgated on the 14th June, 1867; but it was altered by the German Constitution of 16th April, 1871.