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18th/19th C. | International | Denmark
18th/19th C. | International | Austria
18th/19th C. | International | Prussia
Convention between Austria and Prussia
(Gastein) August 14, 1865

(Hertslet, iii, No.370)

Their Majesties the Emperor of Austria and the King of Prussia have become convinced that the Co-Sovereignty which has hitherto existed in the Territories ceded by Denmark in the Treaty of Peace of 30th October, 1864, leads to untoward results, which at the same time endanger both the good understanding between their Governments and the Interests of the Duchies. Their Majesties have therefore resolved for the future not to exercise in common the Rights which have accrued to them by Article III of the above-mentioned Treaty, but to divide the exercise thereof geographically until a further agreement may be made.
For this purpose His Majesty the Emperor of Austria, &c., has appointed as his Plenipotentiary, Count von (p.72) Blome; the King of Prussia, &c., has appointed as his Plenipotentiary, M. von Bismarck-Schoenhausen; who, after having communicated to each other their respective Full Powers, which were found in good and due form, have agreed upon the following Articles :

Article I. The exercise of the Rights acquired in common by the High Contracting Parties, in virtue of Article III of the Vienna Treaty of Peace of 30th October, 1864, shall, without prejudice to the continuance of those rights of both Powers to the whole of both Duchies, pass to His Majesty the Emperor of Austria as regards the Duchy of Holstein, and to His Majesty the King of Prussia as regards the Duchy of Schleswig.

Article II. The High Contracting Parties will propose to the Diet the establishment of a German Fleet, and will fix upon the Harbour of Kiel as a Federal Harbour for the saif Fleet.
Until the resolutions of the Diet with respect to the proposal have been carried into effect, the Ships of War of both Powers shall use this Harbour, and the Command and the Police Duties within it shall be exercised by Prussia. Prussia is entitled both to establish the necessary Fortifications opposite Friedrichsort for the protection of the entrance, and also to fit up along the Holstein bank of the inlet the Naval Establishments that are requisite in a Military Port. These Fortifications and Establishments remain likewise under Prussian command, and the Prussian marines and troops required for their Garrison and Protection may be quartered in Kiel and the neighbourhood.

(Articles III-VI. Garrisons, Military Roads, Customs, &c.)

Article VII. Prussia is entitled to make the Canal that is to be cut between the North Sea and the Baltic, (p.73) through the Territory of Holstein, according to the result of the professional investigations undertaken by the Prussian Government.
In so far as this shall be the case, Prussia shall have the right to determine the direction and the dimensions of the Canal; and 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; and to give her assent to all regulations respecting the said 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.

Article VIII. Nothing is changed by the present Convention in the Stipulations of the Vienna Treaty of Peace of 30th October, 1864, 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.
The division of these Obligations between the Suchies of Holstein and of Schleswig will be based upon the proportion of population.

Article 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 with respect to the Duchy of Lauenburg; and in return the Royal Prussian Government binds itself to pay to (p.74) 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.

Article X. The carrying into effect of the foregoing division of 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.
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.

R.B. Mowat, Select Treaties and Documents 1815-1916, Oxford : Clarendon Press, 1916, pp.71-74

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