count of the management of the property every year to the ministry, or the authority appointed by it. A report on the management shall be made to the king.

"CHAPTER VIII.-ON THE RELATION OF THE Members of THE HOUSE WHO ARE OF FULL AGE IN GENERAL.-Sec. 1. The members of the royal house, when they have attained their majority, have the management of their private property, and may have an establishment of their own.

2. They are to inform the king of the persons who compose their household.

"3. The king has a right to appoint guardians of the property in case none are appointed by will. In the choice of guardians the next heirs shall always be considered.

"4. No member of the family can, without the king's permission, enter into foreign service, or fix his residence abroad. A violation of this regulation brings with it the suspension of the appanage of a member of the royal family.

"5. No member of the royal house can, without the special and express assent of the king, withdraw himself or his family from the royal supremacy and jurisdiction, even though he has the permission to reside abroad.

"CHAPTER IX.-ON THE JURISDICTION TO WHICH THE MEMBERS OF THE ROYAL HOUSE ARE AMENABLE.-Sec. 1. In civil causes, the members of the royal house have personal actions. The proper court, in the first instance, is the chancery of justice, in whose resort they are; and in the second and last instance, the high court of appeal of the kingdom.

"The alterations that may be found necessary, on a revision of

the constitution of the courts of justice, according to chap. 3, sec. 31, of the constitution, are hereby reserved.

"2. Matrimonial differences in the royal house the king will endeavour to arrange, or, in case of need, appoint special authority to investigate the matter, whose sentence must be submitted to the king to be approved.

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3. In cases which are calculated for penal action, so far as they concern the members of the house personally, and no royal decision intervenes, they come before the family council, which is composed for this purpose of those princes of the house who are of age, and in whose case there is no legal obstacle, and the members of the ministry who have a vote, to inquire and decide, as a supreme tribunal, according to the laws of the kingdom. If the member whom the inquiry concerns requires it, the family council may be increased by members of the highest courts of the kingdom. The king directs the inquiry either in person or by commission. He has the right of confirming the sentence, and pronouncing pardon. The court establishment and servants of the members of the royal family are under the same jurisdiction as those of the king." [As the conclusion of this law would, probably, not so much interest our readers, we only add the heads of the remaining chapters; the 10th chapter treats in five sections of the state appanages; the 11th of the private property of the king and the members of the family; the 12th of the family and house entails; and, the 13th, of the validity of the family law.]

1352

OF AUSTRIA, RUSSIA, AND
PRUSSIA, TO THE PRESIDENT OF

THE REPUBLIC OF CRACOW, DATED FEB. 9, 1836. "The undersigned residents of his majesty the emperor of all the Russias, and of his majesty the king of Prussia, and also the undersigned chargé d'affaires of his imperial apostolic majesty, have hastened to lay before their respective courts the communication of his excellency the president of the senate of the free city of Cracow, relative to the unhappy occurrences that took place in that city at the beginning of the present year. The three courts of Austria, Prussia, and Russia have seen in this event only a new and irrefragable proof of the existence of a deeply-rooted evil, which, being diffused in the interior of this republic, threatens not only its own tranquillity and peace, but the security of the adjoining provinces. The three courts, called by the existing treaties to protect the free city of Cracow, and to see to the maintenance of its neutrality, feel themselves the more especially bound to adopt the measures which the case requires, as it is combined with the duty of preserving their own states from manifest injury. In consequence of these considerations, the undersigned are instructed to announce to his excellency the president of the senate of the free city of Cracow, that the immediate clearing of the city and territory of Cracow, by sending away the Polish fugitives and all dangerous individuals, who have unfortunately assembled there in great numbers, is the measure which has been

annihilate all the rebellious plots contrived as well against the safety and tranquillity of the city and territory of Cracow as against that of the neighbouring provinces. The undersigned cannot doubt that the government of Cracow will the more readily assent to this measure, as it has itself already manifested at different times the intention of resorting to it, and the three courts have now prepared all the means of facilitating the execution of it. Acting on the 9th article of the "Act of Congress of Vienna," which agrees with the 6th article as well of the treaty of the 3rd May, 1815, as of the new constitution of the free city of Cracow of the 30th of May, 1833, the protecting powers call on the government of Cracow, to remove from its territory, within eight days, all the Polish fugitives now there. In order to facilitate as much as possible the departure of the fugitives, the station of Podgorze will be opened to them. Such fugitives as can prove that one of the governments has consented to their being permitted, will be provided with the necessary means to proceed to their destination, but the others will be sent to America. The subjects of other powers, who reside in Cracow, and are pointed out by the protecting powers as dangerous, must likewise be sent away from Cracow within eight days, for this end, that one of the protecting powers, through whose territories these strangers pass, will cause them to be provided by their residents in Cracow with the necessary passports. The three protecting powers have thought

it proper to cause troops to advance to the frontiers of the territory of Cracow, as well to hinder the individuals designated in the preceding paragraphs from deviating from the route assigned them, as to afford the government of Cracow the support which it may need, as well as to second the above demand and preserve order and public tranquillity. It It will, therefore, be for his excellency, the president, to apply to the undersigned, if they should be in want of the support of the armed force to carry any of the above points into effect. So long as the present state of things continues, every subject of the free city of Cracow who intends to pass the frontiers of one of the three neighbouring states, cannot be admitted without exhibiting a regular passport, signed by the respective residents. The three protecting powers flatter themselves that the required clearing of the territory of Cracow will, in consequence of these facilities offered to the government of the republic, be effected without further difficulty. Should they, how ever, be disappointed in their expectations on this subject, and, should the period above fixed, pass over without the entire and complete execution of the measures in question, the three courts will feel themselves bound to effect, by their own means, what the government of Cracow may have wanted the inclination or the power to carry into execution. The undersigned, while they fulfil, by this communication, the commands given them by their august courts, take the opportunity of assuring his excellency the president, and senate of the free city of Cracow, &c."

"THE RESIDENTS OF THE HIGH PROTECTING POWERS TO HIS EXCELLENCY THE PRESIDENT AND THE WORTHY SENATE OF CRACOW.

"The undersigned representatives of the high protecting courts had the honour to inform the president and the senate of the free city of Cracow, by their note of the 14th of April last, what are the points, the suitable adjustment of which appeared to the high protecting courts indispensable, before the complete evacuation of Cracow by the troops, which the said powers have found it necessary to leave therein. His excellency the president, in his answer of the 16th of April, expressed a wish to know the bases on which the re-organisation of the militia and police of Cracow (which formed two principal points of the demands of the undersigned) were to be carried into effect.

"The undersigned having been anxious to obtain the orders of their courts on these subjects, are now enabled to satisfy the demand of the president, by transmitting him in the annexed documents the principles which the courts propose for the adoption of the senate :

"A. Relative to the re-organisation of the militia.

"B. Relative to the re-organisation of the police.

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Adding besides:

"C. The clauses which must necessarily be introduced into the law to be adopted for regulating the admission of foreigners into the state of Cracow,-a law which derives its origin from the most simple principles of good police, and which the three powers regard as equally important for

guaranteeing the state of Cracow and their own adjoining provinces against the return of the disorders and dangers which lately attracted the attention of the three protecting courts, and required their active intervention in the affairs of Cracow.

"In submitting to the mature deliberation of the senate the communications which the undersigned have the honour to make in the name of their courts, they cannot refrain from adding the reflection, that in giving existence to the state of Cracow, in the midst of their provinces, the angust protecting sovereigns of that state assuredly never intended to create therein a focus of conspiracies against the tranquillity of their bordering provinces, a point of refuge for revolutionists and malevolents of every description, and a cause of constant disquietude to its neigh. bours, as Cracow has recently become. The laws and institutions existing in that state being incapable of securing it against the evils and dangers here indicated, it is absolutely necessary to make the modifications which circumstances require; but it is only in the adoption and frank execution of the measures which the courts propose, that the hope to find the remedy for the evil, and an assurance that the government of Cracow is sincerely disposed to fulfil its duty towards the protecting powers, and we may add, towards the state whose existence and prosperity are intrusted to its care. Finally, the undersigned cannot conceal that their high courts will besides consider as a pledge of the sentiments of the senate of Cracow, the care which may be observed as to the choice

of the officers employed in all the branches of the public service; for it is not on seeing persons compromised by their antecedent conduct, and partisans of the late revolution in office, and even holding influential situations, that confidence can be given to the courts. The undersigned avail themselves of this occasion to renew to his excellency the president, and the worthy senate, the assurance of their high consideration.

"V. HARTMAN.

"E. BARON STERNBERG. "LICHMAN. "Cracow, June 2, 1836."

"PRINCIPLES RELATIVE TO THE REORGANISATION OF THE MI

LITIA.

"The two principal points in question are

"1. The nomination of a commandant of the militia, in respect to his being a person capable of inspiring perfect confidence as to his political sentiments, and at the same time possessing the qualities necessary to warrant reliance on him as to all affairs of detail; and

"2. The composition of the militia as to officers and soldiers.

"The protecting courts consider it their duty to require as a first qualification for commandant, officers, or soldiers in the militia of Cracow, the not having taken part in any manner in the late revolution in Poland; and, secondly, for being commandant, or for entering the militia as an officer, the having served in the army of one of the three protecting courts, and obtained a regular permission to pass into the service of Cracow. The mode of enrolment shall be preserved for the militia; and the

officers and soldiers of the old militia still surviving, and against whom there exists no personal objection, shall form the skeleton of the new militia. Consent will be given to the augmentation of this corps to 450 men and 40 horse-namely, two companies of militia, properly so called, of 150 men each, and a company of police of 110 men, with 40 horse gendarmes. The commandant of the militia will examine and ascertain the qualifications of the individuals who may offer themselves as officers of the militia, and on his recommendation the senate shall appoint them. In order to be a soldier or sub-officer in the militia, it will be necessary to belong to the state of Cracow, or to be a subject of one of the three powers; to be at least twenty-five years of age, and to recognise a capitulation for six years at least. An individual who fulfils these conditions, besides that of not having participated in the revolution of Poland, who is physically fit for the service, and against whose moral character there exists no objection, may be enrolled by the commandant, on a bounty to be previously stipulated. It will be advantageous to fix the pay of the officer and soldiers of the militia at such rates as may create an inducement to enter into the service, and provision should be made for cases of retirement or being invalided.

"A commission appointed by the senate, in which the new commandant shall take part, will settle the other matters of detail which relate to the formation of the militia, and to which the sanction of the residents will be necessary. It will likewise be necessary to draw up rules of service, and disciplinary and penal regulations, for the militia of

Cracow. As the definitive evacuation of the state of Cracow principally depends on the new formation of the militia on these bases, the three courts expect to be informed as soon as possible of the progress of that formation, and, in case the desired success should not be obtained, it will be for the senate to point out the obstacles in order that the means of removing the same may be taken into consideration. HARTMAN."

"THE PRINCIPLE ON WHICH THE RE-ORGANISATION OF THE PO LICE SHOULD BE CONSTRUCTED.

"The police to be properly administered requires unity of purpose, prompt execution, and direct responsibility. The three courts are of opinion, that the supreme direction of the police arrangements at Cracow, nominally the police for foreigners, should be concentrated in the hands of the president, and that to this end the 16th article of the organic statute, which reserves to the president the affairs of the high police alone, should be submitted to modification, and the reservation extended to police affairs generally. There should also be reserved to the president, the appointment,' with the concurrence of a committee of senators whom he shall nominate himself, of commissioners and police assistants, and as, according to the 11th article of the constitution, these appointments belong to the senate, the three courts intend to modify the article in question in this respect. The appointment of the head of the police will remain with the senate; but the three courts expect that its choice will be communicated to their residents, in order that it may be seen whether there is any objection to the selection on