The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-05-13

ea fortress by conventions anterior 10 the treaty Of
November D. 1916 upon which the Prussan Govern
ment bases its claims These are.-Aftlcle on the
treaty concluded At Vienna May 81 1916 between the
Netherlands and Prussia; Article 81 OF the Act or the
Vienna Congress OF June o. 1915 and Article 10 OF the
Parts Protocol bearing date 81 Goth November 1915
The two former Of these arrangements declare the
town Of Luxembourg as regards its military relations
fortress the confederat on aud grant the King ana
Grand Duke the right OF appointing the Governor and
tho military commandment OF the fortress reserving.
however, the approval OF the executive power Of the
confederation and such other conditions rs shall DO
thought necessary to establish ia conformity with the
futare constitution OF the said confederation.
BY the latter arrangement the aforesaid declaration
reierated and their Majestes the Emperor of
tria, the Emperor Of All the Russias and the King Of
Great Britain further undertook employ their
deavors to obtain for his Majesty the King OF Prussia the
right OF garrison 10 the position OF Luxembourg con-
jointly with the King OF the Netherlands, well the
right Of appointing the Governor OF that position.
These different stipulatlpns were followed by the
treaty OF November 1878, article four OF which main
ains and confirms all the provisions by which the posi-
ton OF Luxembnrg TO DO considered fortress Of
the confederation.
The treaty OF 1916 therefore only the consequence
Of the anterior treaties, without which It would not
have to II results from this that the pres
OF Prussisn garrison at Luxembourg is only
ceabe with the treaties In SO far the said garrison
considered as belonging federal troops Tn is proved
still clearly by the na provision Of article thirty
Of the territorial REIMBURSEMENT OF Frankfort of
July 90 1879 stating that the governor ana command
ant OF the fortress OF Luxembourg whose appointment
has been conceded 70 Prussia BY article Ave OF the
treaty OF November s, 1870 must take oath TO
Diet.
Although II not until October s. 1920 that the Ger
manic Diet passed formal resolution by virtue of which
u declared itself willing 10 undertake the charge OF the
fortressos rs regarded repairs ana administration il is
yet important TO point out that there had already been
question OF the obligation to maintain the fortress OF
Luxcmburg in article 10 OF the treaty of November s.
1915 and that the contracting parties recognized in
principle that this maintenance required in the
interest ought 10 be considered charge incumbent
upon tho whole Of the confederation
II lie by virtue of tho principles laid down In the afora-
cited provisions that the convention of November II
1885, modifying the situation created by the
ton OF November s. 1916 the approval OF the
Diet in article L. This approval given by the fed
era resolution OF February %, 1857 IL has always
been found necessary to sbe given TO arrangements
tresses.
The government OF the King and Grand Duke is OF
opinion that under existing circumstances Interior de-
bate upon the question raised may be postponed but
considers 1t Its duty to make present all the
and which result from the preceding obser-
vAtons.
Be good enough to receive, &C.
BARON v. DE- TORNADO.