[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. [Union of Lauenburg to Prussia.] No. 371-PRUSSIAN PATENT taking Possession of the Duchy of Lauenburg. Berlin, 13th September, 1865. (Translation.) WE William, by the Grace of God, King of Prussia, &c., hereby declare and make known: Whereas His Majesty King Christian IX of Denmark, by Treaty of Peace concluded at Vienna on the 30th October, 1864 (No. 367), ceded his rights over the Duchy of Lauenburg to Us and to His Majesty the Emperor of Austria conjointly; and whereas His Majesty the Emperor of Austria has, by the Convention agreed upon between us at Gastein on the 14th August of this year (No. 370), and approved at Salzburg on the 20th of the same month, and made public by our Civil Commissioner on the 5th of this month, made over to us his share in those rights; we take possession, in virtue of the present Patent, and in fulfilment of the desire expressed by the Representatives of Lauenburg, of this Duchy, with all Rights of Sovereignty and Lordship, add to our Titles that of a Duke of Lauenburg, and ordain that the Duchy of Lauenburg shall be Hereditary in our Royal House, according to the laws which exist for the Succession to the Crown of Prussia. We send our paternal greeting to all Inhabitants of the Duchy, and charge them to recognise us forthwith as their rightful Sovereign, to tender to us and our successors the Oath of Allegiance, and to live according to our Laws and Ordinances whereby we assure and promise them Our Sovereign Protection, that we will rule them equitably, protect the country and its inhabitants in its legally acquired rights, and exhibit a paternal solicitude for their welfare. We have named our Minister-President and Minister for Foreign Affairs, von Bismarck-Schönhausen, Our Minister for Lauenburg, and charged him to carry on the Government in accordance with the laws and regulations now existing in the Duchy, and will continue and confirm all officials of the Duchy in their employment, after they have taken the Oath of Allegiance to us. We hereby commission our Minister, Count Arnim-Boytzen [Union of Lauenburg to Prussia.] burg, to take possession of the Duchy in Our name, to administer the oath for us to the Chief Functionaries, and to charge them with the swearing of the other officials, whilst we put off receiving the homage of the country until we can do so in person. Done at Berlin, 13th September, 1865. v. BISMARCK. WILLIAM, Rex. [Union of Danish Duchies to Prussia.] London, 14th No. 372.-BRITISH CIRCULAR relative to the Annexation of the Danish Duchies to Prussia. September, 1865. Sir, THE Chargé d'Affaires of Prussia has communicated to me the substance of a despatch relating to the Convention of Gastein (No. 370), and the newspapers of Berlin have since published the text of that Convention. Upon the first communication to Her Majesty's Government of the Preliminaries of Peace signed at Vienna (No. 367), I stated at Vienna and Berlin the views of Her Majesty's Government upon those Preliminaries. The present Convention has only served to increase the regret Her Majesty's Government then expressed. The Treaties of 1815 gave the King of Denmark a seat in the German Diet as Duke of Holstein (No. 27). The Treaty of 1852 (No. 230) recognised the right of Succession to the whole Danish Monarchy, which the late King had established in the person of the present King. That Treaty has, in spite of the assurances given in the Despatches of 31st January, 1864,* been completely set aside by Austria and Prussia, two of the Powers who had signed it. It might have been expected that when Treaties were thus annulled, the popular feeling of Germany, the wishes of the people of the Duchies themselves, and the opinions of the Diet so explicitly put forth by Austria and Prussia in the sittings of the Conference of London,† would have been recognised in their place. In this manner if an order of Rights had been overthrown, another Title drawn from the assent of the people would have been set up, and that Title might have been received with respect and maintained with a prospect of permanence. But all Rights, old and new, whether founded on the solemn Compact of Sovereigns or on the clear expression of the popular will, have been set at naught by the Convention of Gastein (No. 370), and the dominion of Force is the sole power acknowledged! and regarded. |