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[Protest against Annexation to Prussia.]

taken with him, or with his Government, in order to re-establish Peace between us;

Finally, we specially Protest, in the face of the Universe. against the taking Possession of our Kingdom, and against its Incorporation with Prussia, announced as definitive on the 20th September of this year (No. 390), as well as against all consequences of that Act, declaring that that Incorporation or Annexation is an infamous Usurpation, a culpable and odious Spoliation, a flagrant Violation of European Treaties, of all the principles of the Law of Nations, and of the Inviolability of States and Thrones;

This solemn Declaration, which we also make in the name of our legitimate successors, has principally for its object to place beyond prejudice the Rights of Sovereignty which belong to us by order of Succession, and which have been sanctioned and guaranteed by the European Powers.*

We claim the support of all the Powers which have recognised our Sovereignty and the Independence of our Kingdom, convinced as we are, that they will never admit that "la force prime le droit," since such a principle, now applied by Prussia, might hereafter threaten the existence of all the Monarchies and of all the legitimate States of the world.

We finally Declare that we shall never renounce our Rights of Sovereignty over our States; and that we shall always consider as illegal, null and void, all the acts which the Prussian Government or its Agents have committed, or may commit, in consequence of that usurpation, all responsibility for which we cast upon him who is their author.

Let all those who are interested therein consider themselves as warned.

We will look to future events full of confidence in the justice of our cause, and animated by the firm hope that Divine Providence will not delay in putting a stop to the machinations, iniquities, and violence to which so many States and so many Peoples are now victims as well as ourselves and our brave Hanoverians. Hietzing, near Vienna, 23rd September, 1866.

(L.S.) GEORGE REX.

* See Vienna Congress Treaty of 9th June, 1815, Arts. XXVI, XXVII.

[Peace.]

No. 392.-TREATY OF PEACE between Austria and Italy. Signed at Vienna, 3rd October, 1866.

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Preamble. Reference to Treaties of Zurich of 10th November, 1859.

1. Peace and Friendship.

2. Delivery of Prisoners of War.

3. Union of Lombardo-Venetian Kingdom to Italy.

4. Frontier of ceded Territory. Appointment of a Military Commission. 5. Evacuation of ceded Territory.

6. Amounts to be paid by Italy on the Monte Lombardo-Veneto Debt, and for War Material.

7. Appointment of a Commission for the payment of Monte LombardoVeneto Debt.

8. Rights and Obligations of Italy relative to Austrian Contract.

9. Reimbursements to be made by Austrian and Italian Governments. 10. Recognition and Confirmation by Italy of Austrian Railway Concessions. Recognition of Austrian Railway Conventions by Italy. Austrian Right of Devolution transferred to Italian Government. Payments still due by Concessionaries to be paid in full to Austria. Austria to pay Credits of building Contractors and Tradesmen, &c.

11. Austria to have no control over Railways in ceded Territory.

12. Convention to be entered into with South Austrian Railway Company. Division of Payment of Railway Guarantee.

13. Increase of Railway Communications.

14. Inhabitants or Natives of ceded Territory free to retire with their Moveables to Austria and to keep their Immoveable Property in Lombardy. Same liberty to Lombards living in Austria. Lombard Subjects to be free from Molestation. Time within which Lombards are to make their choice.

15. Lombardo-Venetian Subjects in Austrian Army to return to their homes. Lombards free to remain in Austrian Service. Civil Servants free to remain in Austrian Service. Civil Servants free to choose between the Austrian and Italian Service.

16. Italian Officers in Austrian Army free to remain or enter Italian Army. 17. Civil and Military Pensions. 18. Archives of Republic of Venice.

be handed over to Austria.

19. Customs Facilities.

Austrian Archives in ceded Territory to Permission to make Copies of Documents.

20. Renewal of Treaties and Conventions.

21. Renewal of Treaty of Commerce of 18th October, 1851.

22. Restoration of Personal and Real Estates to Princes and Princesses of the House of Austria. Reservation of the Rights of the State and of Individuals.

23. Armistice to Individuals implicated in Political Events.

24. Ratifications.

Additional Article.

Periods of Payment to be made by Italy on the Monte-Lombardo Debt,

and for War Material.

[Peace.]

(Translation.*)

Reference to Treaties of Zurich of 10th November, 1859.

In the name of the Most Holy and Indivisible Trinity.

His Majesty the King of Italy and His Majesty the Emperor of Austria having resolved to establish between their respective States a sincere and lasting Peace, His Majesty the Emperor of Austria having ceded to His Majesty the Emperor of the French the Lombardo-Venetian Kingdom,† His Majesty the Emperor of the French on his part having declared himself ready to recognise the Union of the said Lombardo-Venetian Kingdom to the States of His Majesty the King of Italy, with the reservation of the consent of the Populations being duly consulted; His Majesty the King of Italy and His Majesty the Emperor of Austria have appointed as their Plenipotentiaries, namely:

His Majesty the King of Italy, the Sieur Louis Frederic Count Menabrea, Senator of the Kingdom, Lieutenant-General, &c.;

His Majesty the Emperor of Austria, the Sieur Felix Count Wimpffen, his actual Chamberlain, Envoy and Minister Plenipotentiary, on an Extraordinary Mission, &c.;

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

Peace and Friendship.

ART. 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.

Delivery of Prisoners of War.

ART. II. The Italian and Austrian Prisoners of War shall be immediately delivered up on both sides.

Union of Lombardo-Venetian Kingdom to Italy.

ART. III. His Majesty the Emperor of Austria agrees to the Union of the Lombardo-Venetian Kingdom to the Kingdom of Italy.

* For French version see "State Papers," vol. lvi, p. 700.

+ Treaties of Zurich, of 10th November, 1859.

[Peace.]

Frontier of Ceded Territory.

ART. IV. The Frontier of the Ceded Territory is determined by the actual administrative confines of the Lombardo-Venetian Kingdom.

Appointment of a Military Commission.

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.

Evacuation of Ceded Territory.

ART. V. The evacuation of the Ceded Territory 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.

Amounts to be paid by Italy on account of the Monte LombardoVeneto Debt, and for War Material.

ART. 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 (No. 301);

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.*

Appointment of a Commission for the Payment of Monte LombardoVeneto Debt.

ART. 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, * See Additional Article, page 1758.

[Peace.]

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.

Rights and Obligations of Italy relative to Austrian Contract.

ART. 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.

Reimbursements to be made by Austrian and Italian Governments.

ART. 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.

Recognition and Confirmation by Italy of Austrian Railway

Concessions.

ART. 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.

Recognition of Austrian Railway Conventions by Italy.

The Italian Government also recognises and confirms the stipulations of the Convention of 20th November, 1861, between the Administration of the South Lombardo-Venetian 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.

Austrian Right of Devolution transferred to Italian Government. From the time of the exchange of the Ratifications of this Treaty, the Italian Government is bound by all the Rights and

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