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tax; all proprietors of manufactories, merchants, and all who are registered as members of the Exchange, distinguished artists, and professors of schools, shall, as soon as they have attained the required age, have the political right of voting. They may also be elected, provided they fulfil the other conditions which the law enjoins.

ART. VIII. The members of the administration shall be appointed by the Senate, which has the privilege of dismissing, at plea sure, public officers employed under its authority. It has likewise the nomination to ecclesiastical livings, the presentation to which belongs to the State; with the exception of four places in the chapter, which shall be reserved for the doctors of the faculties discharging the offices of instructors, and to which places the Academy shall appoint.

ART. IX. The city of Cracow with its territory shall be divided into city and country communes. The former shall, each of them, as far as local circumstances may permit, have a population of two thousand souls, and the Jatter three thousand five hundred, at least. Each of these communes shall have a Mayor, freely elected and charged with carrying the orders of Government into effect. In the country communes, mayoralties may be discharged by deputy, if circumstances require it. ART. X. The assembly of Representatives shall meet in the month of December each year, and their sitting shall not exceed four weeks. The legislative power shall be vested in this assembly; it shall examine the annual accounts of the public administration, and shall prepare the budget every year; it shall elect the members of the Senate, according to the contents of the organic Article in this respect; the election of judges is also vested in this assembly, and they shall have the right (by a majority of two-thirds) to impeach public officers, of whatever rank, if suspected of embezzling money, or guilty of exaction, or of any other abuse in the discharge of their offices, and to bring them before the Supreme Court of Justice.

ART. XI. The assembly of Representatives shall be composed;-1. Of the deputies of communes, each electing one. 2. Of three members chosen by the Senate. 3. Of three prelates, appointed by the Chapter. 4. Of three doctors of the faculties, appointed by the University. 5. Of six magistrates of arbitration, actually in office, who shall serve in rotation. The President of the Committee shall be chosen from the three members appointed by the Senate. No project of a law, tending to introduce any alteration in an existing law or regulation, shall be proposed to the Committee of Representatives, unless it shall have been previously communicated to the Senate, and have received their sanction by a majority.

ART. XII. The assembly of Representatives shall employ itself in framing a civil and eriminal code of laws, and in regulating the

forms of proceeding. They shall appoint without delay a Committee to prepare the same, in the framing of which due regard shall be had to the local circumstances of the country, and to the habits of the people. Two members of the Senate shall be attached to this Committee.

ART. XIII. If a law has not received the consent of seven-eighths of the Representatives, and if the Senate declares, by a majority of nine votes, that the public interest requires it to be submitted again to the consideration of the Legislators, it shall be referred a second time to the decision of the Assembly of the following year. If it be an object of finance, the law of the preceding year shall remain in force until the new law has passed.

ART. XIV. The assembly of Representatives shall appoint a Magistrate of Arbitration to every district, consisting of not less than six thousand souls. He shall exercise his functions for three years. Besides his duty as Arbitrator, his business shall be to watch over the interests of minors, as well as to take cognisance of all suits relating to funds and landed property belonging to the State, or to public institutions. Upon all matters referred to him in his double capacity, he shall communicate with the youngest Senator, whose special duty it shall be to attend to the interests of minors, and to actions of law concerning funds or landed property of the State.

ART. XV. There shall be a Court of" First Instance," and a Court of Appeal. Three Judges in the former, and four in the latter Court, including their Presidents, shall hold their appointments for life. The other Judges attached to each of these Courts, to the number which local circumstances may require, shall depend upon the free election of the communes, and shall remain in office no longer than the period specified in the organic laws. These two Courts shall try causes of all descriptions, whatever be their nature, or the rank of the parties. If the decision of both Courts be alike, no further appeal can be had. If their verdicts are essentially at variance, or if the Academy, after having examined the written pleadings, declare that there is ground for a complaint of a violation of law, or that the essential forms of proceeding have not been observed in a civil cause, as well with regard to sentences inflicting capital or ignominious punishment, the suit shall again be brought before the Court of Appeal; but in this case, there shall be added to the ordinary number of Judges, all the Magistrates of Arbitration belonging to the city, and four individuals, two of whom shall be chosen by each of the leading parties concerned, from among the citizens. Three Judges are necessary to give judgment in the first instance, five in the second, and seven in the last resort.

ART. XVI. The supreme Court appointed to try such causes as are referred to in the tenth Article, shall be composed; 1. Of five

Representatives, drawn by lot. 2. Of three Members of the Senate, elected by that assembly. 3. Of the Presidents of the two Courts of Justice. 4. Of four Magistrates of Arbitration, in their turn. 5. Of three citizens, chosen by the public officer brought to trial. Nine members are necessary to pronounce the sentence.

ART. XVII. Civil and criminal causes are to be decided in open court. In the mode of proceeding, (and, in the first instance, in causes strictly criminal) the institution of Juries shall be introduced, and adapted to the local situation of the country, and to the information and character of the inhabitants. ART. XVIII. The judiciary body is independent.

ART. XIX. At the expiration of the sixth year, dating from the publication of the constitutional charter, the necessary qualifications for becoming a Senator, by the election of the Representatives, shall be;-1. He must be thirty-five years of age. 2. He must have completed his studies in one of the universities within the ancient kingdom of Poland. 3. He must have filled the office of Mayor during two years, that of judge during two years, and that of Representative during two sessions of the assembly. 4. He must have possessed, for a year at least previous to the election, an immoveable property, charged with a land-tax of a hundred and fifty Polish florins.

The qualifications for a Judge are;-1. To be thirty years of age. 2. To have completed his studies in one of the above-mentioned universities, and to have obtained the degree of Doctor. 3. To have been with an attorney for one year, and to have practised also with an advocate for the same period. 4. To possess immoveable property to the value of eight thousand Polish florins, which must have been acquired at least a year before the election. In order to be elected a Judge of the "Second Instance," or President of either of the courts, besides these qualifications, he must have filled the office of Judge in the first court, or that of Magistrate of Arbitration for two years, and have been a representative.

To be elected Representative of a commune, it is necessary;-1. That he shall be twentysix years of age. 2. That he shall have gone through a course of studies at the university of Cracow. 3. That he shall be possessed of immoveable property rated at ninety Polish Horins, and acquired at least a year before the election. The qualifications specified in the present Article shall not be applicable to those individuals who, during the existence of the duchy of Warsaw, filled situations, by gift of the Crown, or by election of the Diet, nor shall they be applicable to those who have now obtained them by authority of the contracting Powers. These persons shall be fully entitled to be appointed or elected to every

office.

ART. XX. All acts of Government, of the

Legislature, and of the Courts of Justice, shall be in the Polish language.

ART. XXI. The revenues and expenditure of the Academy, shall be included in the general budget of the free city and territory of Cracow.

ART. XXII. The duty of the police and safety of the interior shall be performed by a sufficient number of the municipal militia. This detachment shall be alternately relieved, and commanded by an officer of the line, who, having distinguished himself in the service, shall accept such a retirement. A sufficient number of gendarmes shall be armed and mounted for the protection of the roads and country. Done at Vienna the 3d day of May,

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ACT, No. IV.-Treaty between Prussia and
Saxony of the 18th May, 1815.
In the Name of the Most Holy and Undi-
vided Trinity.

His Majesty the King of Prussia on the one part, and his Majesty the King of Saxony on the other, animated with the desire of renewing the ties of friendship and good understanding which have so happily subsisted be tween their respective states; and being anxious to contribute towards the re-establishment of order and tranquillity in Europe, by carrying into effect the territorial arrangements stipulated at the Congress of Vienna; their said Majesties have named for their Plenipotentiaries, to agree upon, conclude, and sign a Treaty of peace and friendship, viz. His Majesty the King of Prussia, the Prince Hardenberg, his Chancellor of State, Knight of the Grand Orders of the Black Eagle, and of the Red Eagle; of St. John of Jerusalem, and of the Iron Cross of Prussia; of the Orders of St. Andrew, St. Alexander Newsky, and of St. Anne of the First Class of Russia; Grand Cross of the Royal Order of St. Stephen of Hungary, Grand Eagle of the Legion of Honour, Grand Cross of the Order of St. Charles of Spain, of the Supreme Order of the Annun ciation, Knight of the Order of the Seraphim of Sweden, of the Elephant of Denmark, of the Golden Eagle of Würtemburg, and of several others; and the Sieur Charles William, Boron de Humboldt, his Minister of State, Chamberlain, Envoy Extraordinary and Minister Plenipotentiary to his Imperial and Royal Apostolic Majesty, Knight of the Grand Order of the Red Eagle, of the Iron Cross of Prussia, and of St. Anne of the First Class of Russia; and his Majesty the King of Saxony, the Sieur Frederic Albert, Count de Schulemburg, his Chamberlaim, Knight of the Order of St. John of Jerusalem; and the Sieur Hans Augustus Furchtegott de Globig, his Chamberlain, Counsellor of the Court and

of Justice, and Confidential Referendary; who, after having exchanged their full powers, found in due form, have agreed upon the following Articles:

ART. I. From this day there shall be peace and friendship between his Majesty the King of Prussia on the one part, and his Majesty the King of Saxony on the other, their heirs and successors, their states and respective subjects, for ever.

ART. II. His Majesty the King of Saxony renounces for ever, for himself, his heirs and successors, in favour of his Majesty the King of Prussia, all right and title to the provinces, districts, and portions of territory of the kingdom of Saxony, hereafter designated; and his Majesty the King of Prussia shall possess these countries in full sovereignty and property, and shall unite them to his monarchy. The districts and territories thus ceded, shall be separated from the remainder of the kingdom of Saxony by a line, which shall form the future boundary between the Prussian and Saxon territories, so that all places comprised within this line of demarcation shall be restored to his Majesty the King of Saxony; and his Majesty renounces the possession of all districts and territories which may be situated without this line, and which belonged to him before the war. Setting out from the confines of Bohemia, near Wiese, in the environs of Seidenberg, this line shall follow the course of the rivulet Wittich as far as its junction with the Neisse. From the Neisse it shall reach the circle of Eigen, between Tauchritz, which shall belong to Prussia, and Bertschof remaining to Saxony. It shall then follow the northern frontier of the circle of Eigen, as far as the angle between Paulsdorf and Ober-Sohland; from thence it shall continue as far as the limits which separate the circle of Görlitz from that of Bautzen, so that Ober-mittel and Nieder-Sohland, Olisch, and Radewitz, remain to Saxony.-The great post-road between Gorlitz and Bautzen, shall belong to Prussia, as far as the limits of the two circles above mentioned; then the line shall follow the frontier of the circle as far as Dubrauke, extending along the heights on the right of the Löbauer-Wasser, in such a direction that this rivulet, with its two banks and the places adjacent, as far as Neudorff, shall remain, with that village, to Saxony. This line shall then return to the Spree, and the Schwarz-Wasser; Liska-Hermsdorf, Ketten, and Solchdorf, being transferred to Prussia. From the Schwarz-Elster, near Solchdorf, a direct line shall be drawn as far as the boundary of the territory of the lordship of Koenigsbrück, near Grossgräbchen. This lordship shall remain to Saxony, and the line shall follow the northern frontier of this lordship, as far as that of the bailiwick of Grossenhayn, in the environs of Ortrand. Ortrand, and the road from that place by Merzdorf, Stolzenhayn, and Gröebeln to Mühlberg, with the villages through which this road passes,

shall remain to Prussia; the line being so drawn, that no part of the said route shall remain out of the Prussian territory. The frontier line from Gröebeln shall be carried as far as the Elbe by Fichtenberg, and shall be continued near the bailiwick of Mühlberg. Fichtenberg shall belong to Prussia. From the Elbe to the frontier of the country of Mersebourg, the line shall be so drawn, that the bailiwicks of Torgau, Eilenburg, and Delitsch, shall belong to Prussia, and those of Oschatz, Wurzen, and Leipsic, remain to Saxony. The line shall then follow the frontiers bordering on these bailiwicks, dividing certain enclaves and demi-enclaves. The whole road from Mühlberg to Eilenburg, shall be within the Prussian territory. From Podelwitz, belonging to the bailiwick of Leipsic, which shall remain to Saxony, as far as Eytra which shall also remain to that power, the line shall so divide the country of Mersebourg, as to leave Breitenfeld, Haenichen, Gross, and Klein-Dolzig, Mark-Ranstadt, and KnautNauendorf, to Saxony; and Modelwitz, Skeüditz, Klein-Liebenau, Alt-Ranstädt, Schköh len, and Zietschen, shall pass to Prussia.— Thence the line shall divide the bailiwick of Pegau, between the Floss-Graben and the Weisse-Elster, dividing the first river at the point where it separates from the Weisse-Elster, below the town of Crossen, which forms part of the bailiwick of Haynsberg, as far as the point where it joins the Saale below the town of Mersebourg; the whole course of this river, as it runs between these two towns, together with both its banks, shall belong to the Prussian territory. From thence where the frontier line touches upon the country of Zeitz, it shall follow that line as far as the country of Altenberg, near Luckau. The frontiers of the circle of Neustadt, which passes wholly under the dominion of Prussia, shall continue without alteration. The enclaves of Voigtland, in the country of Reuss, namely, Gefall-Blintendorf, Sparenberg, and Blankenberg, are included in the share belonging to Prussia.

ART. III. To prevent all injury of private property, and to protect, upon the most liberal principles, the property of individuals domiciliated upon the frontier, his Majesty the King of Prussia and his Majesty the King of Saxony, shall each appoint Commissioners to proceed conjointly in fixing the limits of the countries which are to change Sovereigns, in virtue of the arrangements of the present Treaty.-As soon as the Commissioners shall have executed the duty assigned to them, and the same shall have been approved by the two Sovereigns, maps shall be constructed and signed by the respective Commissioners, and boundary marks placed to define their respective limits.

ART. IV. The provinces and districts of the kingdom of Saxony, which pass under the dominion of his Majesty the King of Prussia, shall be styled, the Duchy of Saxony; and

his Majesty shall add to his titles those of Duke of Saxony, Landgrave of Thuringia, Margrave of the two Lusatias, and Count of Henneberg. His Majesty the King of Saxony shall continue to bear the title of Margrave of Upper Lusatia. His Majesty shall also continue to bear those of Landgrave of Thuringia, and Count of Henneberg, in virtue of his right of eventual succession to the possessions of the Ernestine branch.

ART. V. His Majesty the King of Prussia engages, that his troops shall evacuate the provinces, districts, and territories of the kingdom of Saxony which do not pass under his dominion, and to cause the administration thereof to be restored to the Saxon authorities, in fifteen days from the exchange of the ratifications of the present Treaty.

nals engages to furnish the other with legalised copies thereaf. The Saxon Government shall retain the originals of all acts and papers which, though not coming under either of the cases above specified, are of common interest to both parties; engaging at the same time, to deliver to Prussia legalised copies of the same.--The Prussian Commissioners shall be enabled to decide which of these acts, documents, or papers, might be interesting to their government.

ART. VIII. With regard to the army, it is laid down as a principle, that all privates, non-commissioned officers, and other military persons below the rank of officers, shall be subject to that power to whom the place of their nativity shall belong. Officers of all ranks, not excepting surgeons and chaplains, are at liberty to remain in the service of that government which they shall prefer; and this privilege shall be also extended to soldiers and other military persons below the rank of officers, who are not natives of Saxony or Prussia.

ART. VI. Every arrangement which shall be a necessary and indispensable consequence of the cession to Prussia of the provinces and districts designated in Article 2, shall be forthwith considered; such as those which relate to the archives, debts, paper-money, or other obligations of these provinces, as well as those ART. IX. The debts specially mortgaged of the kingdom in general; also those which on the provinces wholly ceded to Prussia, or relate to the public funds; to arrears, parti- remaining under the government of Saxony, cularly those of the ordinary taxes and Crown shall be liquidated by the government to rents, which have become due during the whom the said provinces shall belong. His Prussian administration; to the landed pro- Majesty the King of Prussia, and his Majesty perty of the religious, civil, or military public the King of Saxony, have established the folestablishments; to the army, the artillery; lowing regulation, with regard to those debts to provisions and warlike stores; to feudal which are to be liquidated by the provinces rights, and other matters of a similar nature. remaining in part to his Majesty the King of -With respect to feudal rights, his Majesty Saxony, as well as to those which belong to the King of Prussia and his Majesty the King the kingdom in general.-The debts, for the of Saxony, being anxious carefully to remove liquidation of which certain revenues have every subject which might give rise to dis- been specially assigned (funded debts), either pute or future discussion, respectively re- as to capital or interest, shall be distinguished nounce, each in favour of the other, all right from those for which no provision has been or pretension of this nature which they ex- made. The former description of debts shall ercised, or might have exercised, beyond the follow those revenues, so that the proportion frontiers specified in the present Treaty.-in which such revenues fall under the domiThe execution of the present article shall take place by common consent, and Commissioners shall be appointed for this purpose by the two governments.

ART. VII. The separation of the records shall be effected in the following manner: The deeds of the Crown lands, documents and papers, relating exclusively to the provinces, territories or places, ceded entirely by his Majesty the King of Saxony to his Majesty the King of Prussia, shall be given up to the Prussian Commissioners in three months from the date of the exchange of the ratifications. The restitution of plans of fortresses, and maps of towns and countries, shall be made in the same manner, and within the same period. Where a province or territory is not wholly ceded to Prussia, originals of the documents referring to it, shall either be delivered to the Prussian Commissioners, or shall remain in the hands of the Saxon authorities, according as the greater or lesser portion of the province or territory shall have been ceded. The party retaining the origi

nion of one or other of the two governments, shall also be that in which they shall be divided between them. With regard to those debts, for the liquidation of which no certain revenues have been assigned (unfunded debts), the grounds upon which they have been contracted, shall likewise determine to which fund they ought to have been assigned; that is to say, what portion of the revenues should have been applied to the payment of interest and to the reimbursement of the capital. Prussia and Saxony shall contribute to their liquidation, according to the share they shall receive of these revenues. If, contrary to all expectation, a case should arise where it would be impossible to decide upon the exact fund to which a particular debt should have been assigned, it shall be understood, that out of the total amount of the revenues belonging to the province, establishment, institution, or fund, for the accommodation of which such debt shall have been contracted, the same shall be discharged; and it shall be at the charge of the two governments,

in proportion to the part of those revenues which each of them may receive. The pledges to be withdrawn on the reimbursement of the capital for which they had been held as a security, shall return to the province, establishment, institution, or individual, to whom those pledges belonged. Those which are the property of a province divided between two powers, shall be shared according to the proportion which each part of such province may have contributed to the liquidation of the capital. The principles above established concerning debts, shall likewise apply to credits.

ART. X. His Majesty the King of Prussia, and his Majesty the King of Saxony, acknowledging the necessity of punctually fulfilling the engagements entered into for the wants and service of the kingdom of Saxony, by the Commision styled "Central Steuer Commission," have agreed, that they shall be mutually guaranteed and fulfilled by the two Governments. An equal number of Commissioners shall, therefore, be appointed without delay on both sides, to liquidate these debts, to divide them according to the regulation established by the 9th Article, for public unfunded debts, and to settle the mode and period of their payment.-Each Government engages to provide means for the discharge of these debts; reserving, however, to themselves, reciprocally, to make these payments, either by arrears of taxes, and the felling of an extra quantity of timber, upon which these payments had been secured, or by other measures affording equal security, so that the periods of payment, in anticipation of which the arrears of taxes, and the felling of timber was given, shall be punctually observed. Should, however, the produce of these arrears, and of this timber, prove insufficient to make good these stipulated engagements, it is agreed, that such produce, as far as it concerns the Prussian territory, shall be appropriated, in the first instance, to the discharge of those payments, for which the Bank and Maritime Society of Prussia are responsible: if, in these payments, it shall be necessary to call upon Saxony to contribute towards their liquidation, and that, unexpectedly, the produce of the taxes and timber in that part of Saxony which is to provide for the same, should be insufficient to furnish the two above-mentioned establishments with the necessary sums, at the time of their becoming due, Prussia agrees to grant a delay for their payment till the fair of Leipsic, held on St. Michael's day of the present year. With regard to the other debts, towards the payment of which the produce of the taxes and the felling of timber is to be employed, his Majesty the King of Prussia, and his Majesty the King of Saxony, reserve to themselves, in the event of this produce being inadequate to the object in view, to enter into an arrangement, either by an amicable understanding with the creditors, or by prolonging (VOL. XXXII.)

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the periods of payment, and facilitating the means of effecting them.

ART. XI. His Majesty the King of Prussia expressly acknowledges, that the paper circulated under the name of "Cussenbillets," shall form part of the debts of the country, which shall be divided according to the principles established by Art. IX. His Prussian Majesty promises, in consequence, to provide for the payment of that part which falls to his share; and being desirous, equally with his Majesty the King of Saxony, to adopt such measures as may tend, as much as possible, to the welfare of their respective subjects, they mutually engage to form such an arrangement, with regard to this paper, as shall establish its credit in both territories. With this view the two governments have agreed to establish a joint office for " Cassenbillets," which shall be open at least until the 1st of September of this year; and each government shall place at the disposal thereof, funds necessary for supporting the credit of this paper. They have also agreed that the regulations subsisting with regard to. these Cussenbillets," as to their acceptance at the public offices, and other places, shall be in force during the above period, as well in that part of the kingdom of Saxony ceded to Prussia, as in that which remains to his Majesty the King of Saxony; and no change shall be made therein, except by common consent.

ART. XII. His Majesty the King of Saxony having claims, either on account of revenues due from the circle of Cottbus, or on account of advances made to this circle, the commission established by Article XIV., shall take them into their special consideration, and apply to them the principles established in the present Treaty for the regulation of subjects of a similar nature.

ART. XIII. His Majesty the King of Prussia promises to settle whatever may regard the property and interests of the respective subjects upon the most liberal principles. The stipulations contained in the present Article shall particularly apply to the concerns of individuals retaining property under both the Prussian and Saxon governments; to the commerce of Leipsic, and to all matters of this description; and in order that the personal liberty of the inhabitants of the ceded and other provinces may not be affected, they shall be permitted to emigrate from one territory to the other; they being liable, however, to military service, and provided they conform themselves to the laws. They shall be allowed the privilege of removing their property without being subject to any exportation duty or drawback (Abzugs Geld).

ART. XIV. His Majesty the King of Prussia and his Majesty the King of Saxony, shall immediately appoint commissioners to determine, in an exact and detailed manner, the points which form the subject of this Act, from Articles VI. to XIII., and from XVI. to (L)

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