THE TREATIES BETWEEN LUCCA AND TUSCANY &c. 10 A. The Duke of Tuscany B. The Duke of Lucca. C recaves the former Duchy of Lucca, & the Modenese Townships of Barga & Pietrasania The Duke of Modena receives the former Lucchese Districts of Montignoso Minucciano [Cracow.] No. 201.-CONVENTION between Austria, Prussia, and Russia, uniting the Free City of Cracow to the Austrian Monarchy. Signed at Cracow, 6th November, 1846.* (Translation as laid before Parliament.†) THE Lieutenant Field-Marshal Count Castiglione, President of the Provisional Government of the Free City of Cracow, in the name of the 3 Protecting Powers, Austria, Prussia, and Russia, causes it to be known, in the name and by the authority of those Powers, that they have concluded and signed at Vienna, the 6th of the present month, a Convention, of which the following is the tenor: The 3 Courts of Austria, Prussia, and Russia, Considering, that the Conspiracy which in the month of February, 1846, produced the well-known events in the Grand Duchy of Posen, in Cracow, and in Gallicia, was organized in places at a distance from the Country in which it was supported by numerous accomplices; Considering, that the criminal faction took up arms at the hour appointed, committed hostilities, and published proclamations exciting to general revolt; Considering, that Cracow became the seat of a central authority calling itself the Revolutionary Government, and that the acts which emanated from that authority were intended to direct the insurrection; Considering, that all these combined circumstances have constituted, on the part of the State of Cracow, a real State of War, which would have authorised the Courts of Austria, of Prussia, and of Russia, to avail themselves of all the rights given by War; Considering, that on this ground alone they would have the right to dispose of a Territory which has taken an hostile attitude towards them; Considering, that there is no question for the 3 Powers of The British Government protested against this Act, on the 23rd November, 1846; the French Government also protested against it on the 3rd December, 1846. † For French version, see "State Papers," vol. xxxv, p. 1088. [Cracow.] causing the City of Cracow to submit to the Law of the Strongest, inasmuch as that law cannot be applicable where so great a disparity exists; Considering, that there is, moreover, as little question of exercising towards Cracow an act of vengeance, or of inflicting a punishment; but that the High Protecting Powers desire only to restore order and peace to the Territory of Cracow, and that they have no other object but that of guarding their subjects against the recurrence of events which have so deeply compromised their tranquillity; 3rd May, Considering, moreover, that by the Treaty concluded between them, the 21st April, 1815 (No. 14), the City of Cracow, with its Territory, was declared a Free and Independent and strictly Neutral City under the Protection of the 3 High Contracting Parties; 3rd May, Considering, that by this Stipulation the 3 Courts were desirous of giving effect to the Article relating to the City of Cracow, in their respective Treaties concluded the 21st April, 1815 (Nos. 12, 13, 14), the one between His Majesty the Emperor of Austria and His Majesty the Emperor of All the Russias, the other concluded on the same date between His Majesty the Emperor of All the Russias and the King of Prussia; Considering, that the existence of the Free City of Cracow, far from being in conformity with their intentions, has on the contrary been a source of disturbance and disorders, which during nearly 20 years not only compromised the peace and prosperity of this Free City, and the security of the adjoining Provinces, but, moreover, tended to overthrow the order of things established by the Treaties of 1815; Considering, that numerous facts of this nature, the notoriety of which renders enumeration superfluous, have completely altered the nature of the existence of the Free City of Cracow; that by acts contrary to the tenor of Treaties, Cracow has on several occasions freed herself from the obligations which the condition of strict Neutrality imposed upon her; that these acts have on several occasions led to the Armed Intervention of the 3 Powers; that all the modifications introduced into the internal Constitution for the purpose of giving to its Government more power, have not sufficed to prevent the recurrence of these deplorable facts; [Cracow.] Considering, that the forbearance of the 3 Governments, shown by these benevolent arrangements, far from bearing fruit, have only served to promote the projects of the irreconcileable enemies of established order; that in becoming the centre of a new and vast conspiracy, the ramifications of which embrace all the Provinces formerly Polish, and in superadding to this culpable and disloyal project, an act of armed aggression, the Free City of Cracow has become the point of which the spirit of revolution availed itself in order to sap the internal tranquillity of adjoining States; Considering, that the City of Cracow has proved that it was a political body evidently too weak to resist the unceasing machinations of the Polish Emigration, who held it morally subjected; that accordingly that City no longer presents any guarantee to the Powers against the recurrence of attempts already repeated at various times; Considering, that attempts of this nature are a manifest infraction of the Treaty of 1815, as well as of Article II of the Constituent Statute of the Free City of Cracow of the 30th of May, 1833; Considering, that the stipulations relative to Cracow resolved upon by the 3 Courts have only been repeated in Articles VI, VII, VIII, IX, and X of the General Act of the Congress of Vienna, of the 9th of June, 1815 (No. 27), for the purpose of including in that Act the several results of their individual negotiations; Considering, that the 3 Courts, in now changing a state of things which had spontaneously been created by them in 1815, with regard to Cracow, only re-enter into the exercise of an incontestable right; Considering all these reasons, and taking finally into mature consideration the care which the security of their States, so often compromised by the Free City of Cracow, so imperiously demands; Have agreed upon the following resolutions: 1. The 3 Courts of Austria, Prussia, and Russia, revoke the Articles relative to the City of Cracow, of the Treaties which they respectively concluded, the one between His Majesty the Emperor of Austria, and His Majesty the Emperor of All the Russias, and His Majesty the King of Prussia, signed by them |