Appendix No. 6., 23d November, 1870

Appendix No. 6.

Concluding protocol to the treaty concerning the accession of Bavaria to the constitution of the German Union. Done at Versailles, Nov. 23, 1870.

When the treaty concerning the conclusion of a constitutional alliance between His Majesty the King of Prussia, in the name Of the North German Union, and His Majesty the King of Bavaria was subscribed, the undersigned plenipotentiaries agreed further concerning the following conventional additions and explanations:

I.

At the suggestion of the royal Bavarian plenipotentiary, it was agreed by the royal Prussian plenipotentiary that, inasmuch as the legislative power of the Union concerning domicile and settlement is not extended to Bavaria, the legislature of the Union has no power to regulate matters connected with marriage with binding force for Bavaria, and that, consequently, the law of 4th May, 1868, promulgated for the North German Union, concerning police limitations to the contraction of marriage, does not belong to those which could come into operation in Bavaria.

II.

It was agreed by the royal Prussian plenipotentiary that the power of the Union to legislate concerning state citizenship should be understood as comprising the power to regulate citizenship of both the Union and the state and to carry out the principle of the political equality of all religious confessions; and that this legislative power shall not extend to the question under what conditions any person should be allowed the exercise of political rights in any single state.

III.

The undersigned plenipotentiaries agree that, considering the exception to the legislative power of the Union, made under section 1, the Gotha treaty of the 15th July, 1851, concerning mutual reception of banished and homeless persons, as well as the so-called Eisenach convention of the 11th July, 1853, concerning the care of sick and the burying of dead subjects, shall continue in force in so far as affects the relation of Bavaria to the other countries of the Union.

It was determined upon as a conventional regulation, considering the peculiar relations of the insurance of real estate, and of the close connection of the same with the mortgage-system, that if the legislation of the Union should busy itself with the insurance of real estate, the regulations determined upon by the Union can only be carried in to effect in Bavaria with the agreement of the Bavarian Government.

V.

The royal Prussian plenipotentiary gave the assurance that in the preparation of a draught for a general German civil code, Bavaria shall be properly represented.

VI.

It was consented to by the royal Prussian plenipotentiary as an undisputed fact that, as concerns the matters referred to the Union for legislation, the laws and regulations which now have force in the respective states shall remain in operation until the Union shall have settled upon binding rules.

VII.

The royal Prussian plenipotentiary explained that His Majesty the King of Prussia, by reason of the presiding powers vested in him, the King of Bavaria agreeing thereto, will grant powers to the royal Bavarian envoys to the courts to which they are accredited, to take the place of the envoys of the Union in cases where the latter are prevented from attending to their duties. The royal Bavarian plenipotentiary, while accepting this explanation, added that the Bavarian envoys would be instructed to lend their aid to the envoys of the Union in all cases where it would tend to further the general interests of Germany.

VIII.

In consideration of the services rendered by the Bavarian Government in putting its legations at the disposition of the Union, as mentioned in § VII, and in consideration of the circumstance that in those places where Bavarian legations exist the representation of Bavarian interests is not a part of the duty of the envoys of the Union, the Union undertakes that, in fixing the expenses for the diplomatic service, a proper allowance shall be made to Bavaria. The extent of this allowance remains for the present unfixed.

IX.

The royal Prussian plenipotentiary acknowledged it as a right of the Bavarian Government that, in case Prussia should be prevented therefrom, its representative should preside in the Bundesrath.

X.

It was agreed with reference to articles 35 and 38 of the constitution of the Union that the tratosition-taxes further to be levied according to the regulations of the Zollverein treaties on brandy and beer should be regarded in the same light as the taxes levied on the manufacture of these drinks.

XI.

It was agreed that at the ratification of postal and telegraphic treaties with states outside of the German Union for the guarding of the interests of particular states, representatives of the states of the Union bordering on the foreign countries should be consulted, and that it is permitted to the single states of the Union to make treaties with other countries concerning postal and telegraphic affairs in so far as they relate entirely to traffic on their own borders.

XII.

It was agreed with reference to article 56 of the constitution of the Union that each state of the Union has the right to receive foreign consuls, and to grant them exequaturs for its territory.

The assurance was further given that consuls would be appointed by the Union in those cases where the interests of but a single state seemed to require it.

XIII.

It was further agreed that the law of the 21st July of this year, concerning the extraordinary demand for money for the army and navy departments, does not belong to those laws of the North German Union, the declaration of which to be laws of the German Union is left to the legislation of the Union; and that the law of the 31st. May of this year, concerning the St. Gotthard Railway, could not, without a change in its contents, be declared a law of the Union.

XIV.

In consideration of the provisions concerning the army and having especial reference to the fortications, contained in Part III, § 5, (of the Bavarian treaty), it was further agreed as follows:

• Bavaria is to receive, in perfect condition, the fortresses Ingolstadt and Germersheim, as well as the fortress of New Ulm, and those which are in the future to be erected at the common cost on Bavarian territory.
• Such newly-built fortresses become, as regards their immovable effects, the exclusive property of Bavaria. Their movable effects, however, are the common property of the Union, As concerns the latter, the agreement of the 6th July, 1869, remains for the present in force, and it is also binding as regards the movable effects of the former Union fortresses of Mayence, Rastatt, and Ulm.
• The fortress of Landau shall be razed immediately at the close of the present war. The equipments of this place, in so far as they are common property, shall be disposed of according to the principles upon which the agreement of the 6th July, 1869, rest.
• Those matters of the Bavarian war regulations which are not mentioned in the treaty of to-day, or in this protocol, to wit, the nomenclature of the regiments, the uniforming, garrisoning, educating of soldiers, &c, are not affected thereby.
• The right of the Bavarian officers to participate in the advantages of institutions for the higher military or technical education of officers is to remain as a subject for special consideration.

XV.

If, in consequence of the lack of proper material, an error shall have arisen in the establishment of the literal sense of the constitution of the Union, Part I, articles 1 to 26, the contracting parties reserve to themselves the right of correcting them.

XVI.

The declarations of this concluding protocol are binding in the same degree as thorn of the treaty of to-day concerning the conclusion of a conventional alliance, and shall be ratified together with the same.