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[Protest against Annexation to Prussia.]

This was a second flagrant Violation of all the Laws and Usages in force amongst civilised Nations. Although our Army was only on a Peace footing, and that its strength was almost exhausted, in consequence of fatigue, privations, and forced marches to which it had been obliged to submit, during more than 8 successive days, it nevertheless gained, at Langensalza, a brilliant victory over the Prussians.

Unfortunately, the next day, being pressed on all sides by forces 3 times superior, and having no help to look to, we resigned ourselves to accept a Capitulation in order not to shed uselessly the blood of our valiant soldiers.

As soon as the War between Austria and Prussia appeared to have come to an end, we went to Vienna, where Negotiations of Peace had just been opened, and we addressed to His Majesty the King of Prussia, who was then at Nikolsburg, a letter in which we expressed our sincere desire to enter, on our side, into Negotiations of Peace with him.

Contrary to all the Usages admitted between Sovereigns, our letter was not accepted by His Majesty the King of Prussia.

Notwithstanding that, we have endeavoured to secure the preservation of our Kingdom by every means in our power. With that intention we were even disposed to abdicate our Royal Rights in favour of our well-beloved Son and Heir to our Crown, the Prince Royal Ernest Augustus, on condition that Prussia should place him in immediate possession of the Crown and Kingdom of Hanover. On the other side our faithful Subjects, courageously defying the rigorous, arbitrary, and despotic regimen imposed upon them by Prussian Administration, lost no opportunity of manifesting their ardent desire to remain under a Dynasty which is dear to them, which for the last 1,000 years has shared the destinies of the country, and has made every effort to secure its prosperity and to consolidate its well-being. Useless efforts!

His Majesty the King of Prussia, after having occupied our Kingdom in a surreptitious manner, has thought that he could take definitive possession of it, and declared it annexed to his States, on the 20th September of this year (No. 390).

The only motive alleged by the Prussian Government to justify this arbitrary act, unheard of in the records of German history, is that which he pretends to find in the Right of Conquest.

[Protest against Annexation to Prussia.]

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Now, the Right of Conquest supposes a War formity with the principles of the Law of Nations. But there has never been between us and the King of Prussia a War of such a nature. Moreover, as we have already stated above, it could not take place according to the Fundamental Laws of the Germanic Confederation, and it ought to have been morally impossible from one of our near relatives, of a friendly Sovereign, of a German Prince!

We consequently found ourselves, purely and simply, in the position of legitimate self-defence, in the face of an aggression which nothing could justify, and which we had not provoked.

With the facts above described in view, we loudly and solemnly Protest:

Against the unjustifiable Invasion of our Territory, which detachments of the Army of the King of Prussia presumed to make on the 15th June, 1866, and following days;

Against the Occupation of our Kingdom by the same Army detachments;

Against the Usurpation of our Rights and Prerogatives committed by the Agents of Prussia, and against any which they may still commit;

Against the Losses which we and our Royal House have suffered, or which we may be made to suffer, on the part of Prussia, in respect of our Property,* Revenues, or Estates, of whatever nature they may be;

Against the Spoliations suffered by the Public Treasury of Hanover under Prussian Administration, and against those which may have to bear in future;

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Against the Prosecutions, Losses, and Injuries to which our faithful Subjects may have been exposed, in consequence of the unjust and illegal acts of the Administration of the King of Prussia, or to which they may be subject in future;

Against the Obstacles which the said Administration brutally put to the manifestation of our well-beloved Subjects in favour of the preservation of our Dynasty and the Dynasty of Hanover, whilst it has provoked, and favoured by most disloyal means, manifestations in a contrary sense;

Against the Ill-will of the King of Prussia, who has repelled the steps which we have taken, or which we have ordered to be

* See note, page 1742.

[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.

Austrian Archives in ceded Territory to

be handed over to Austria. Permission to make Copies of Documents.

19. Customs Facilities.

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.

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