[Boundary. Poland.]

No. 175.-DEFINITIVE TREATY between Prussia and

Russia, defining the Boundary between the Prussian States and Poland, from the Confines of the Grand Duchy of Posen to the Republic of Cracow. Signed at Berlin, 20th February, 1835.*

4th March

1. Definitive Settlement of Frontier between Silesia and Poland.

2. Maintenance of Frontier traced in 1808.

46. Maintenance of the Demesnial Rights of Property or of individuals of either country.

47. Maintenance of Rights of Proprietors of Posen and Poland whose possessions are divided by the Frontier.

48. Inhabitants of Territories ceded by Poland not included in the Cession. Forest Establishments of Zemela and Duda may be claimed by Poland. 49. Maintenance of Mills, Dykes, &c., on Rivers forming the Limits. 50. High Water Mark on Rivers forming the Frontier. Status quo of 1827 to be preserved.

51. Purchase by Prussia of Contract of Estate of Krzyankowitz, in Silesia. Closing of Canal between Wendzin and Radly. Erection of a Sluice to divide the waters of the Liscoarta and the Canal flowing from the Zborowski.

52. Preventive measures against Innovations on Frontier Rivers, &c. 53. Punishment for alteration of Frontier or destruction of Boundary Stakes. 54. Labours to be undertaken by Commissioners.

55. Commissioners to complete the Demarcation of 1808.

56. Proprietors allowed to erect Stakes marking Limits of their Possessions. 57. Status quo of 1828 to be maintained respecting the Limits of Private Possessions.

58. Ratifications.

(Translation.†)

His Majesty the King of Prussia, and His Majesty the Emperor of All the Russias, King of Poland, having resolved to terminate in a friendly manner the Territorial Differences existing on the Frontier separating the two countries, have appointed as their Plenipotentiaries, viz. :

1st 13th

*Sec Act of Delimitation of December, 1836.

For French version, see "State Papers," vol. xxiii, p. 283.

[Boundary. Poland.]

His Majesty the King of Prussia, the Sieur Frederic Ancillon, his Minister of State and of the Cabinet, &c., and

His Majesty the Emperor of All the Russias, King of Poland, the Sieur Alexandre de Ribeaupierre, his Actual Privy Councillor, Actual Chamberlain, Envoy Extraordinary and Minister Plenipotentiary to His Majesty the King of Prussia, &c.:

Who, after having exchanged their Full Powers, found to be in good and due form, and having taken cognisance of the preparatory work, and jointly heard the Reports of the Commissioners appointed ad hoc, namely, on the part of Prussia, the Sieur Jean Ferdinand Neigebaur, Intimate Councillor of Justice, and on the part of Poland the Sieur Vincent Pradzynski; considering that the Commission appointed in 1808 to fix the limits between the Prussian States and the Duchy of Warsaw did not determine the Frontier on all points where the territories were claimed by both parties; considering that all the measures taken at different times by the Governments of the two countries to put a stop to continual claims (some of which date as far back as the 14th and 15th centuries) have brought about no definitive result, and that the Treaty concluded at Vienna on the 21st April, 1815 (No. 13), only traced the Frontier between the Grand Duchy of Posen and the Kingdom of Poland; having finally examined the claims and vouchers presented on either side, and discussed the different questions and arguments; have agreed upon the following Articles :

3rd May

Definitive Settlement of Frontier between Silesia and Poland.

ART. I. The arrangements of the present Treaty shall determine definitively the Frontier between Silesia and Poland, starting from the point where that Frontier touches that of the Grand Duchy of Posen, such as it has been defined by the Treaty concluded at Warsaw between Prussia and Russia, on the 24th April, 1823, to the point where it touches the Frontier of the Republic of Cracow, such as the latter has been settled by the Vienna Recès of 21st April, 1815 (No. 14).

3rd May

Maintenance of Frontier traced in 1808.

12th

ART. II. The Frontier already marked on the whole of that line by stakes planted in 1808 shall be maintained according to the Procès-verbaux, and the Plans signed by the Commissioners,

[Boundary. Poland.]

Count de Danckelman and General Kosinski; and with reference to the gaps which were not marked out at the time, the Frontier shall be traced as follows:

ARTS. III to XLV. Detailed Definition of Frontier.

ART. XLVI. Maintenance of the Demesnial Rights of Property or of Individuals of either Country.

ART. XLVII. Maintenance of Rights of Proprietors of Posen and Poland whose Possessions are divided by the Frontier.

ART. XLVIII. Inhabitants of Territories ceded by Poland not included in the Cession. Forest Establishments of Zemela and Duda may be claimed by Poland.

ART. XLIX. Maintenance of Mills, Dykes, &c., on Rivers forming the Limits.

ART. L. High Water Mark on Rivers forming the Frontier. Status quo of 1827 to be preserved.

ART. LI. Purchase by Prussia of Contract of Estate of Krzyankowitz in Silesia. Closing of Canal between Wendzin and Radly. Erection of a Sluice to divide the Waters of the Liscoarta, and the Canal flowing from the Zborowski.

ART. LII. Preventive Measures against Innovations on Frontier Rivers, &c.

ART. LIII. Punishment for Alteration of Frontier or Destruction of Stakes.

ART. LIV. Labours to be undertaken by Commissioners.*

ART. LV. Commissioners to complete the Demarcation of 1808. ART. LVI. Proprietors allowed to erect Stakes marking Limits of their Possessions.

ART. LVII. Status quo of 1828 to be maintained respecting the Limits of Private Possessions.

ART. LVIII. Ratifications.

In testimony whereof the respective Plenipotentiaries have signed the present Treaty, and affixed thereto the Seal of their Arms.

[Eliot Convention.]

No. 176.-CONVENTION concluded, under British Mediation, between the Commanders-in-Chief of the Belligerent

ART.

Asarta, 26th

Armies in Spain. Signed at Logroño, 27th April, 1835.

TABLE.

1. Preservation of lives of Prisoners.

2. Periodical exchange of Prisoners.

3. Number of Prisoners exchanged to be equal.

4. Exchange according to Rank.

5. Towns selected for detention of Prisoners to be respected.

6. Political Prisoners to be tried in conformity with the Laws.

7. Sick and Wounded to be respected.

8. Stipulations to be binding in all Provinces of the Monarchy. 9. Strict observance of Convention.

(Translation.)

Stipulations proposed by Lord Eliot, H.B.M.'s Commissioner, and which will serve as a rule to the Commanders-in-Chief of the Belligerent Armies in the Provinces of Guipuscoa, Alava, and Biscay, and in the Kingdom of Navarre.

Preservation of Lives of Prisoners.

ART. I. The Commanders-in-Chief of the two Armies now engaged in Hostilities in the Provinces of Guipuscoa, Alava, and Biscay, and in the Kingdom of Navarre, agree to preserve the lives of all Prisoners who may be made on one side or the other, and to exchange them as stipulated below.

Periodical exchange of Prisoners.

ART. II. The exchange of Prisoners shall be periodical, twice or thrice in a month, or oftener if circumstances should require or allow it.

Number of Prisoners exchanged to be equal.

ART. III. The aforesaid exchange shall be in exact proportion to the number of Prisoners which each party shall present, and the number remaining over and above shall be retained by the party in whose power they are until another opportunity of affecting an exchange shall occur.

[Eliot Convention.]

Exchange according to Rank.

ART. IV. The exchange shall be made according to the Rank.

Towns selected for detention of Prisoners to be respected. ART. V. If after effecting an exchange, one of the Belligerents should require a point where he may be able to guard the Prisoners who may not have been exchanged, it is agreed that, for their security and good treatment, they shall remain with, and be guarded by, the party in whose power they are, at one or more Towns, to be respected by the opposite party; the latter not being allowed to enter such Towns, or in any manner to carry on hostilities against them whilst the Prisoners remain in them: it being well understood, that in the towns where Prisoners are kept, the manufacture of arms, ammunition, or military stores, shall not be permitted, and that such Towns shall be selected beforehand by the agreement of both parties.

Political Prisoners to be tried in conformity with the Laws.

ART. VI. During the present contest, no person, whoever he may be, civil or military, shall be deprived of life on account of his Political Opinions, without having been previously tried and condemned in conformity with the Laws, Decrees, and Ordinances in force in Spain. This is only to be understood in reference to those who are not in reality Prisoners of War; for as regards them, the stipulations contained in the preceding Articles shall be binding.

Sick and Wounded to be respected.

ART. VII. Both the Belligerent parties shall religiously respect, and leave in full liberty, the Sick and Wounded who may be found in hospitals, barracks, towns, farm-houses, or any other place; the sick having been previously recognized as such by the medical officers.

Stipulations to be binding in all Provinces of the Monarchy.

ART. VIII. Should the War extend to other Provinces of the Monarchy, the present Convention shall be binding in them, provided that the Armies, which, by the vicissitudes of war, carry on hostilities in them, be the same which are now engaged in hostilities in the three Basque Provinces and in the Kingdom of Navarre.