[Bay of Jahde, &c.]

Boundaries of Territories ceded to Prussia on Western side of the Jahde.

ART. IV. For this purpose Oldenburg cedes to Prussia, with full Sovereignty :

1. On the western side of the Jahde, a Territory, the Boundaries of which are determined as follows:

a. Commencing at the Bandter Outer Deep, the Boundary line runs along the same through the "Bandter groden," then through the Bandter Sluice and the Bandter Inner Deep, to that point in the curve of the Deep, which in a straight line from the inner brink of the top of the Dyke across the sluice is distant 1,310 feet Oldenburg "Kataster" measure (= 1,234·975 feet Rhenish).

b. From the point thus fixed the Boundary is formed by a straight line to the Heppenser Dyke, which cuts off 552 "Juck" (to 64,000 square feet) Oldenburg "Kataster" measure (= 1,211 morgen (acres), 57 square rods, 12.5 square feet, Magdeburg measure), of Inner Dyke land, and nearly reaches the Boundary mark between the Heppenser and the "Neugroden Sprenge."

c. From hence the Boundary is formed by a line which stands perpendicular to the true meridian, and it follows the same to that point on the Jever side of the principal channel of the Jahde, where the depth would, according to the present system of buoying, require the placing of a Beacon or Buoy.

d. From thence the Boundary runs south in a straight line to that point on the north side of the Steinhäuser Deep ("Salze Brake"), where the channel ought, according to the present system, to be marked by a Buoy.

e. The further Boundary is formed from hence by a straight. line which completely encloses the outer harbour near Fährhuck, hitherto called Fährhuck roadstead, formed by the Mary Deep (Marientief), and continues so along the southern border of the same, till it is cut by the elongated direction of the Bandter Outer Deep, and then follows.

f. The said direction to the starting point denoted at the beginning of this description.

Boundaries of Territories ceded to Prussia on Eastern side of the

Jahde,

2. On the eastern side of the Jahde, a Territory containing 4 "Juck" Oldenburg measure (= 8 acres, 139 square rods,

[Bay of Jahde, &c.]

97.91 square feet, Magdeburg measure) of Inner Dyke Land, situated in the corner of the Eckward Stone Dyke, as well as the Dyke before this land, and the Wing Dyke, with their bermes and shallows, so far as these shall be defined by rectangular lines drawn on the ceded Dykes; likewise the expanse of water lying between the continuation of these lines, to a breadth of 500 feet Oldenburg measure, from the edge flats left dry at ebbtide. The form which the area comprising the 4 "Juck" of Inner Dyke Land is to have, is left to the decision of Prussia at the settlement of the Boundaries.

Extension of Cession if necessary.

ART. V. Should the plan adopted by Prussia for a Naval Establishment require in some places a small enlargement of the ceded area, Oldenburg promises to extend the Cession of Sovereignty to such enlargements so soon as Prussia binds herself to carry out the plan to the stated extent.

Further Cession if necessary for erection of Fortifications.

ART. VI. In case Prussia, for the better Protection of the Roadstead in the direction of the Eckward Wing Dyke, shall hereafter contemplate the erection of Fortifications on the plateau (Feldsteert) situated in the Jahde there, Oldenburg will also Cede to Prussia the necessary space with full Sovereignty.

Cession by Oldenburg of Private Property; and Purchase by Prussia of Private Property in Inner Dyke.

ART. VII. With regard to the dykes, dyke-bermes, "groden," and flats situated in the Ceded Territory, Oldenburg transfers to Prussia, besides the full Sovereignty, also the Private Property therein, so far as it belongs to the Oldenburg State; and Prussia is to effect the acquisition of Private Property in the Inner Dyke Territory at her own expense.

Oldenburg subjects to retain their Nationality unless they wish to become Prussian subjects.

ART. VIII. The Inhabitants of the ceded Territories are not to be considered as immediately ceded therewith, but are to be deemed Oldenburg Subjects settled in Prussia, in so far as they themselves do not desire to be received into the community of

[Bay of Jahde, &c.]

Prussian Subjects, whereupon they have to declare themselves within a year after the taking possession by Prussia. If they make such a declaration they are thereby received into the community of Prussian Subjects without further ceremony.

Appointment of Boundary Commissioners.

ART. IX. The transfer of the Territories Ceded in Article IV is to take place immediately after the publication of this Treaty in either of the two Contracting States. For this purpose Prussia and Oldenburg will appoint Commissioners, who shall at once proceed to the settlement of the Boundaries on the spot, and who shall be authorised to agree to deviations in particulars, according to the respective requirements; adhering however to the superficial area fixed by the description of the Boundaries. In default of agreement [as to variations], the Frontier Lines are to remain as described (Article IV). The Boundary Lines thus settled are to be marked on land by fixed stones or stakes, and on the water by placing proper sea marks; these Boundary marks are to be fixed and maintained at the joint expense of the Parties.

Harbour for Ships of War to be completed in 3 years; if not, Oldenburg may claim Retrocession.

ART. X. Considering how much the essential interests of Oldenburg are concerned in the speedy fulfilment of the engagements undertaken by Prussia, the latter promises to begin immediately after the publication of the present Treaty, with the works for the establishment of a Harbour for Ships of War to the greatest possible extent; likewise to continue the works uninterruptedly till the completion of the undertaking; and to expend for this purpose at least 400,000 thalers, Prussian currency, in the first 3 years after the publication of this Treaty. Should such a sum not have been so applied within the said 3 years, Oldenburg may consider the present Treaty in so far annulled, that the Sovereignty Ceded in Article IV relapses eo ipso to Oldenburg, if Oldenburg declares that she desires that relapse. The same takes place if Prussia should hereafter give up the Naval Establishment.

[Bay of Jahde, &c.]

Cession of Sovereignty not to be reclaimed by Oldenburg except in case provided for in Article X. Territory ceded to Prussia not to be transferred to any third State without consent of Oldenburg.

ART. XI. Excepting in the cases provided for in the preceding Article, the Cession of the Sovereignty over the Oldenburg Territory, the Boundaries whereof are determined in Article IV, to Prussia is irrevocable and cannot be reclaimed by Oldenburg, even by the renunciation of the Prussian Protection on the seas and of the coasts (Articles I and II). On the other hand, Prussia is by no means to transfer or concede this Sovereignty either partly or entirely to any third State, without the consent of Oldenburg.

Cession of Waters of the Jahde to Prussia.

ART. XII. The Cession of the expanse of water ensues upon the obligation which Prussia has taken upon herself, not to burden the Mercantile Shipping there with Taxes, and also not to interfere with or impede the same more than is required by the necessary regulations of Naval Police, which are to be enforced with as much forbearance as possible.*

Prussia not to form a Commercial Harbour or Commercial

Town, &c.

ART. XIII. As the Cession of Territory stipulated in Article IV is solely for the purpose of forming a Harbour for Ships of War, Prussia expressly disclaims the formation, or the gradual establishment there of a Commercial Harbour or a Commercial Town, and also promises to hinder, as far as the Prussian laws at all allow the settlement of artificers and tradespeople on the spot, beyond what the wants of the Naval Establishment and the fleet may require. In the area ceded on the Eckward side, all private settlement is excluded.

Rights of Prussia over acquired Private Property.

ART. XIV. In regard to those Lands which the Crown of Prussia may acquire as Private Property within a distance of a quarter of a geographical mile from the Territory obtained in Sovereignty, her right whereto cannot be taken away even by the future legislation of Oldenburg, there is added the privilege that in respect of such Private Property, no expropriation can

See Note, page 1161.

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take place, except such as may be required for drainage works and public roads, and that the buildings found thereon may be demolished without the obligation of rebuilding them.

Oldenburg not to erect Fortifications within one Mile from Ceded Territory.

ART. XV. Considering that the extent of the area ceded to Prussia does not allow of leaving free space enough for the range of a Fortress, Oldenburg binds herself not to erect Fortifications within a distance of a geographical mile from the Boundaries of that area.

Free Passage to Prussian Ships on the Jahde.

ART. XVI. Oldenburg assures to ships going to or coming from the Prussian naval station, a Free Passage on the Jahde unincumbered and unimpeded by any Duties.

Prussian Rights to Naval Police.

ART. XVII. In like manner Oldenburg concedes to Prussia the right of Naval Police, on the roadstead between the Heppen Corner and the Eckward Horns, without prejudice to the Sovereignty abiding with Oldenburg, which right, however, Prussia promises to exercise with the greatest possible forbearance, especially in regard to Commercial Navigation and Fishery. Regulations to be agreed. to by both Parties, will determine the particulars hereon.

Maintenance of Buoys, &c., by Prussia.

ART. XVIII. Oldenburg concedes to Prussia the right of deciding on the establishment and maintenance, at her own expense, of Buoys, Beacons, Lights, and other Navigation Marks required in the Jahde from the outer harbour to the open sea, exclusive of those on the Island of Wangeroge. Prussia accepts this obligation and promises to consider, as far as possible, any proposals made herein by Oldenburg for the interests of Commercial Navigation. Prussia binds herself not to levy any Dues whatever for any kind of Navigation Marks, so long as Oldenburg does not collect any Dues for the Lights on Wangeroge, and for other Navigation Marks that may be in future fixed by her in or near the Jahde.

Prussia takes the Buoying material at present on hand, at the appraised value.